USA TODAY International Edition
Football players win first round in union bid
Peter Sung Ohr, the regional director of the Chicago office of the National Labor Relations Board, ruled Wednesday that Northwestern football players under the College Athletes Players Association have the right to unionize, a decision that eventually could have a far- reaching impact on college sports.
The ruling came less than two weeks after the university and CAPA submitted briefs to Ohr for his consideration. Northwestern released a statement on the precedent- setting decision, saying it is disappointed in the ruling and plans to appeal to the National Labor Relations Board in Washington.
“Northwestern considers its students who participate in NCAA Division I sports, including those who receive athletic scholarships, to be students, first and foremost,” Northwestern spokesman Alan Cubbage said in a statement. “We believe that participation in athletic events is part of the overall educational experience for those students, not a separate activity.”
Donald Remy, chief legal officer for the NCAA, released a statement Wednesday that said, “While not a party to the proceeding, the NCAA is disappointed that the NLRB Region 13 determined the Northwestern football team may vote to be considered university employees. We strongly disagree with the notion that student- athletes are employees. ...
“Over the last three years, our member colleges and universities have worked to re- evaluate the current rules. While improvements need to be made, we do not need to completely throw away a system that has helped literally millions of students over the past decade alone attend college. We want student athletes — 99% of whom will never make it to the professional leagues — fo- cused on what matters most — finding success in the classroom, on the field and in life.”
Tim Waters, political director of the United Steelworkers, which is funding CAPA in this endeavor, called it a complete victory for the players, saying, “The board ruled in their favor on every question.”
Not only did Ohr agree with CAPA that Northwestern’s football players are employees — the central issue in the case — he also discounted the university’s claims that CAPA is not a legitimate labor organization, since it only aims to represent scholarship athletes. The school’s lawyers tried to prove that scholarship athletes and walk- ons have the same interests, but Ohr disagreed.
“Fundamentally, walk- on players do not share the significant threat of possibly losing up to the equivalent of a quarter- million dollars in scholarship if they stop playing football for the Employer as do the scholarship players,” he wrote.
While this was a significant decision, there is a lengthy appeals process to come, and the case could end up in the Supreme Court. The first step would be for the university to appeal to the national board in Washington. If CAPA wins there, Northwestern can decline to bargain with the players and sue in court.
Only athletes from private schools will be able to join CAPA. Athletes at public schools will have to petition for unionization with their state boards.
Given that a union and its accompanying protections and benefits could be a recruiting advantage for Northwestern and other private schools, the NCAA could face a challenge in maintaining the competitive balance it covets.