Maize
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NRLB: Student Athletes are Employees
From the Article
On Wednesday, Jennifer Abruzzo, general counsel of the National Labor Relations Board released a memo arguing that certain college athletes can be considered employees under the National Labor Relations Act and therefore, are workers eligible to unionize.
"Under common law, an employee includes a person 'who perform[s] services for another and [is] subject to the other's control or right of control,'" she writes.
The memo specifically addresses a case in which Northwestern University football players sought union representation; their petition was dismissed by the NLRB in 2015. Abruzzo mentions the decision and argues that "certain Players at Academic Institutions are employees under the Act and are entitled to be protected from retaliation when exercising their Section 7 rights."
Section 7 of the NLRA guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."
Abruzzo's memo also reveals that she will pursue action against schools that "misclassify" players as "student-athletes," on the grounds that it creates a "chilling effect" that discourages them from asserting their rights.
https://www.google.com/amp/s/www.cnbc.co...awyer.html
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09-29-2021 01:26 PM |
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arkstfan
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RE: NRLB: Student Athletes are Employees
Of course many of those student athlete employees are at state institutions exempt from much of that law and in states that bar collective bargaining of state employees.
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09-29-2021 01:54 PM |
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domer1978
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RE: NRLB: Student Athletes are Employees
(This post was last modified: 09-29-2021 02:39 PM by domer1978.)
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09-29-2021 02:38 PM |
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curtis0620
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RE: NRLB: Student Athletes are Employees
Time to pay Income Tax on those scholarships as they would be considered compensation
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09-29-2021 02:53 PM |
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ken d
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RE: NRLB: Student Athletes are Employees
(09-29-2021 02:53 PM)curtis0620 Wrote: Time to pay Income Tax on those scholarships as they would be considered compensation
Not really. Remaining eligible would be considered a condition of employment. Only the part of the scholarship that goes for room & board and stipends to cover other costs of attendance would be taxable, but that is already the case. And only that taxable part would count toward meeting minimum wage requirements.
However, I would guess that as a condition of employment the hours spent in class and preparing for class would be considered as hours worked (in addition to the hours devoted to athletics).
(This post was last modified: 09-29-2021 03:10 PM by ken d.)
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09-29-2021 03:07 PM |
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chester
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RE: NRLB: Student Athletes are Employees
Ooh, tomorrow morning's NIL hearing may be a little more exciting than expected...
Quote:Safeguard the Nonemployment Status of Student-Athletes
Student-athletes are and should remain students first. Their fundamental focus should always be his or her academic success. In any federal legislation, Congress should clearly articulate that student-athletes are not school employees and cannot be hired and fired. Converting student-athletes into employees will significantly and irreparably interfere with student-athletes’ higher education experience and shatter college athletics and the broad-based scholarship and participation opportunities it provides for nearly half a million student-athletes each year.
--Mark Emmert
Quote:Prohibiting employee status for college athletes – opposed.
Targeting and stripping college athletes of rights under labor laws is unethical and racially discriminatory. Plenty of regular students are university employees and this exclusion would have a disperate impact on thousands of college athletes from protected classes. Third party NIL reform does not invoke employee status so there is no need for Congress to address this issue at all.
--Ramogi Huma
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09-29-2021 03:26 PM |
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CardinalJim
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RE: NRLB: Student Athletes are Employees
Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
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09-29-2021 03:36 PM |
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domer1978
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RE: NRLB: Student Athletes are Employees
(09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
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09-29-2021 03:41 PM |
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CardinalJim
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RE: NRLB: Student Athletes are Employees
(09-29-2021 03:41 PM)domer1978 Wrote: (09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
(This post was last modified: 09-29-2021 03:52 PM by CardinalJim.)
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09-29-2021 03:51 PM |
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domer1978
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RE: NRLB: Student Athletes are Employees
(09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: (09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
#metoo But, I would respect the decision by the admin if they decided to do it. The game has changed so much that nothing will surprise me. My son would be the most disappointed if we deemphasized sports.
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09-29-2021 04:16 PM |
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Maize
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RE: NRLB: Student Athletes are Employees
(09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: (09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
What is in the back of my mind is the TV Contracts...especially the SEC TV Contract with the new additions of Texas and Oklahoma. 80% of those Billion Dollar deals is because of football...I’m just saying...
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09-29-2021 04:18 PM |
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CardinalJim
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RE: NRLB: Student Athletes are Employees
(09-29-2021 04:18 PM)Maize Wrote: (09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: (09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
What is in the back of my mind is the TV Contracts...especially the SEC TV Contract with the new additions of Texas and Oklahoma. 80% of those Billion Dollar deals is because of football...I’m just saying...
Greed is killing college football. Why shouldn’t the players, who have worked forever for nothing, get their slice of the pie. No reason the coaches, commissioners, college presidents etc should make all the money.
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09-29-2021 04:30 PM |
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domer1978
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RE: NRLB: Student Athletes are Employees
(09-29-2021 04:30 PM)CardinalJim Wrote: (09-29-2021 04:18 PM)Maize Wrote: (09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: (09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
What is in the back of my mind is the TV Contracts...especially the SEC TV Contract with the new additions of Texas and Oklahoma. 80% of those Billion Dollar deals is because of football...I’m just saying...
Greed is killing college football. Why shouldn’t the players, who have worked forever for nothing, get their slice of the pie. No reason the coaches, commissioners, college presidents etc should make all the money.
Agree, the employee model (NRLB) though is problematic. But for now this will only effect private schools. Interesting times.
The lawyers will be in the waters ready to sue for concussions and worker comp violations.
(This post was last modified: 09-29-2021 04:33 PM by domer1978.)
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09-29-2021 04:32 PM |
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arkstfan
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RE: NRLB: Student Athletes are Employees
(09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: (09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
In some SEC states you can’t have a state employee union with collective bargaining so no need to be upset over a union that doesn’t exist.
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09-29-2021 04:43 PM |
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CardinalJim
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RE: NRLB: Student Athletes are Employees
(09-29-2021 04:32 PM)domer1978 Wrote: (09-29-2021 04:30 PM)CardinalJim Wrote: (09-29-2021 04:18 PM)Maize Wrote: (09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
What is in the back of my mind is the TV Contracts...especially the SEC TV Contract with the new additions of Texas and Oklahoma. 80% of those Billion Dollar deals is because of football...I’m just saying...
Greed is killing college football. Why shouldn’t the players, who have worked forever for nothing, get their slice of the pie. No reason the coaches, commissioners, college presidents etc should make all the money.
Agree, the employee model (NRLB) though is problematic. But for now this will only effect private schools. Interesting times.
The lawyers will be in the waters ready to sue for concussions and worker comp violations.
Good point that’s the next logical step. Workers comp coverage for every athlete in a school’s program. That’s an expensive endeavor
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09-29-2021 04:47 PM |
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CardinalJim
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RE: NRLB: Student Athletes are Employees
(09-29-2021 04:43 PM)arkstfan Wrote: (09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: (09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
In some SEC states you can’t have a state employee union with collective bargaining so no need to be upset over a union that doesn’t exist.
I would expect that will get changed or it could hurt SEC recruiting. Why go to an SEC school when you can go to The Big Ten or Big 12 and receive job benefits like insurance for example.
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09-29-2021 04:49 PM |
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TerryD
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RE: NRLB: Student Athletes are Employees
(09-29-2021 04:49 PM)CardinalJim Wrote: (09-29-2021 04:43 PM)arkstfan Wrote: (09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: (09-29-2021 03:36 PM)CardinalJim Wrote: Now the athletes need to unionize. If I’m president of the AFL-CIO, I’m on the phone with my general council trying to figure out how to make that happen. College athletes could become a powerful force in a very short time.
This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
In some SEC states you can’t have a state employee union with collective bargaining so no need to be upset over a union that doesn’t exist.
I would expect that will get changed or it could hurt SEC recruiting. Why go to an SEC school when you can go to The Big Ten or Big 12 and receive job benefits like insurance for example.
Higher salaries collectively bargained as well. Vanderbilt, Boston College and Northwestern may become football powers.
(This post was last modified: 09-29-2021 04:57 PM by TerryD.)
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09-29-2021 04:54 PM |
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Alanda
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RE: NRLB: Student Athletes are Employees
(09-29-2021 04:54 PM)TerryD Wrote: (09-29-2021 04:49 PM)CardinalJim Wrote: (09-29-2021 04:43 PM)arkstfan Wrote: (09-29-2021 03:51 PM)CardinalJim Wrote: (09-29-2021 03:41 PM)domer1978 Wrote: This could cause us to bow out but the schools and the NCAA have no one to blame but themselves. They buried their head in the sand so long that this no is spiraling out of their control.
I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
In some SEC states you can’t have a state employee union with collective bargaining so no need to be upset over a union that doesn’t exist.
I would expect that will get changed or it could hurt SEC recruiting. Why go to an SEC school when you can go to The Big Ten or Big 12 and receive job benefits like insurance for example.
Higher salaries collectively bargained as well. Vanderbilt, Boston College and Northwestern may become football powers.
fyp
I don't see them putting in the effort even with that advantage.
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09-29-2021 05:00 PM |
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Ned Low
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RE: NRLB: Student Athletes are Employees
(09-29-2021 04:47 PM)CardinalJim Wrote: (09-29-2021 04:32 PM)domer1978 Wrote: (09-29-2021 04:30 PM)CardinalJim Wrote: (09-29-2021 04:18 PM)Maize Wrote: (09-29-2021 03:51 PM)CardinalJim Wrote: I think that’s what you’ll see next. That won’t be popular in The SEC where unions have been notoriously frowned upon for decades. On the other hand I would expect unionization to occur in the Northeast and Upper Midwest first. Watch leagues like The Big Ten and Big East for signs of what’s coming.
I would hate to see Notre Dame bow out but understand why they would.
What is in the back of my mind is the TV Contracts...especially the SEC TV Contract with the new additions of Texas and Oklahoma. 80% of those Billion Dollar deals is because of football...I’m just saying...
Greed is killing college football. Why shouldn’t the players, who have worked forever for nothing, get their slice of the pie. No reason the coaches, commissioners, college presidents etc should make all the money.
Agree, the employee model (NRLB) though is problematic. But for now this will only effect private schools. Interesting times.
The lawyers will be in the waters ready to sue for concussions and worker comp violations.
Good point that’s the next logical step. Workers comp coverage for every athlete in a school’s program. That’s an expensive endeavor
I own a small roofing business and can attest to the extreme cost of Worker’s Comp. The rate starts at approximately 27.5 cents on the dollar in NC…
… and roofers don’t get hurt as much as football players do.
(This post was last modified: 09-29-2021 05:12 PM by Ned Low.)
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09-29-2021 05:11 PM |
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DFW HOYA
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RE: NRLB: Student Athletes are Employees
"Under common law, an employee includes a person 'who perform[s] services for another and [is] subject to the other's control or right of control," she said.
Define control.
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09-29-2021 05:16 PM |
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