USA TODAY International Edition

Football players win first round in union bid

- Kevin Trahan @ k_ trahan

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.

 ?? MATT MARTON, USA TODAY SPORTS ?? Former Northweste­rn quarterbac­k Kain Colter, left, led the effort to unionize.
MATT MARTON, USA TODAY SPORTS Former Northweste­rn quarterbac­k Kain Colter, left, led the effort to unionize.

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