NLRB official says Dartmouth basketball players are school employees

A National Labor Relations Board regional official ruled on Monday that Dartmouth basketball players are employees of the school, clearing the way for an election that would create the first-ever labor union for NCAA athletes.

All 15 members of the Dartmouth men’s basketball team signed a petition in September asking to join Local 560 of the Service Employees International Union, which already represents some other employees at the Ivy League school in Hanover, New Hampshire.

Unionizing would allow the players to negotiate not only over salary but working conditions, including practice hours and travel.

“Because Dartmouth has the right to control the work performed by the Dartmouth men’s basketball team, and the players perform that work in exchange for compensation, I find that the petitioned-for basketball players are employees within the meaning of the (National Labor Relations) Act,” NLRB Regional Director Laura Sacks wrote.

The NCAA and universities across the country have been steadfast in insisting their athletes are students, not employees.

The case is being closely watched, coming at a time when the NCAA’s amateur athlete model is facing multiple challenges in court.

“It’s the first step to potential employee status for college athletes,” said Gabe Feldman, a sports law professor at Tulane.

The school can still appeal the regional director’s decision to the national board, which is what happened when members of the Northwestern University football team held a union election in 2014.

In that case, the ballots were impounded pending a ruling. Now, an election can be held and ballots counted while an appeal is pending. The Northwestern ballots were destroyed after the NLRB, which only governs private employers, decided that allowing the football players at the only private school in the Big Ten would skew the labor market in the conference.

In that case, the NLRB did not address the question of whether the players were employees. All eight Ivy League schools are private and do not grant athletic scholarships. Feldman said that could increase the likelihood the full board will uphold the ruling.

“But on the flip side, if Dartmouth men’s basketball players are employees, not only what athletes are not employees, but does this make the music students employees?” Feldman said. “So this may open the door too far?”