Certain student athletes now officailly considered employees according to the NLRB
- Thread starter PearlSUJam
- Start date
Does this mean they can be shit-canned simply for poor performance on the field?
Well, they’re employees. In many places, an employee can be fired for poor performance.
I posted about this yesterday relative to a lawsuit (below) This is great news. Instead of the current free for all, the
I figured that’s where this was going based on Pearl’s response above.
Will coaches be able to communicate with players directly? Unions often discourage direct communication with management.
Regardless, the whole thing is f*cked up.
My belief, with this ruling, as I stated with the NIL, is another step towards Athletes (employee s) can now be taxed on the value of their scholarships.
Be careful of what you wish for. If they are allow NIL and now can be considered employees, well I think it’s not a big stretch to my conclusion.
Be careful of what you wish for. If they are allow NIL and now can be considered employees, well I think it’s not a big stretch to my conclusion.
There's a 💩 ton of things to unpack with this compared to the NFL and NBA. I wouldn't even know where to begin if I were an AD.
yeah..if this NLRB thing holds water, these kids are complete free agents like any employee of any company. they can come and go as they please and they have to live within the classification of employees legally. @Rollin Stone pointed out that there may be tax implications on 'ships and any current "freebies" players get.
I recall our AD was on some NCAA panel to discuss this a month or so ago. I hope that they worked fast.
This is a step Notre Dame has vowed they won’t take. As one of only 12 Private schools in the P-5 that will be immediately and directly affected, this could get interesting real quick.
Say goodby to college football as we once knew it.
They’ll be nothing more than paid mercenaries from here on out. They are quickly getting to that point anyway.
Joe is probably turning in his grave.
Attached link has another embedded link to access the official NLRB memo.
www.nlrb.gov
If "Student Athletes" unite and form a union, who are good candidates to become the first "union boss"?
NLRB General Counsel Jennifer Abruzzo Issues Memo on Employee Status of Players at Academic Institutions
Today, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum to all Field offices providing updated guidance regarding her position that certain Players at Academic Institutions (sometimes referred to as student athletes), are employees under the National Labor...
If "Student Athletes" unite and form a union, who are good candidates to become the first "union boss"?
"In sum, it is my position that the scholarship football players at issue in Northwestern
University, and similarly situated Players at Academic Institutions, are employees under the Act.
I fully expect that this memo will notify the public, especially Players at Academic Institutions,
colleges and universities, athletic conferences, and the NCAA, that I will be taking that legal
position in future investigations and litigation under the Act.
34 In addition, it notifies them that I
will also consider pursuing a misclassification violation."
Well, it was a fun run.
University, and similarly situated Players at Academic Institutions, are employees under the Act.
I fully expect that this memo will notify the public, especially Players at Academic Institutions,
colleges and universities, athletic conferences, and the NCAA, that I will be taking that legal
position in future investigations and litigation under the Act.
34 In addition, it notifies them that I
will also consider pursuing a misclassification violation."
Well, it was a fun run.
Uh, no. To do that. the tax code, which specifically exempts the value of the tuition, mandatory fees, and books portion of the scholarship from taxation, would have to be changed (room and board is currently taxable).
Big BobPSU92 isn't in the AFL-CIO Brotherhood like you and me. 😎
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Not knowing where to begin? Yup, Sandy's got that.
Well BOB, James will probably have to meet with the General Foreman for routine practice management and meet with the union steward for any problem issues.I figured that’s where this was going based on Pearl’s response above.
Will coaches be able to communicate with players directly? Unions often discourage direct communication with management.
Regardless, the whole thing is f*cked up.
Will they need a (1) union steward and (1) general foreman each for offense & defense?
Like all great leaders, Sandy subscribes to, “Begin with the end in mind.”
And, of course, the players can go on strike if they feel they are being treated unfairly.
“James, do you think you will be able to resolve the labor dispute before kickoff against michigan?”
well, the shop steward filed a grievance because a non-union employee (AKA Cheerleader) squirted water into a player's mouth instead of a union employee taking a union employee's position. This led to a discussion as to whether a union employee should be picking up the kickoff tee instead of a non-union employee. They agreed to use a retrieval dog citing it could get lose and cause damage which forced PSU to extend their liability insurance.
The nlrb deals with union issues. If these employees decide to organize, they will no longer be able to be fired (as a practical matter)
But how about contracts? I see schools wanting signed contracts where they can’t leave. Athletes will likely not like where all this is going to end up.
and you can forget two way players...work classifications and all.
well, some might but the kid could then eliminate those schools. That would get complex. But they'd be negotiated on a one-on-one basis. An employee does not have to pay things back, especially in a "right to work" state. You then introduce "agents" to negotiate legal documents. Again, I suspect somebody will unionize the players (Northwestern tried to do this before NIL but lost in court). Once unionized, they can negotiate a collective bargaining agreement which would add some structure and guidelines like the CBA's do with the NFL, MLB, NHL and NBA. Maybe a lawyer can chime in that knows employment law.
Virtually impossible to write a contract that would tie a player to a school indefinitely (there's this little thing called the Thirteenth Amendment). Could get messy if there is no larger structure like a CBA or stipulations written into individual contracts (see: college coaches) governing separation. Eventually it would work itself out. Pro leagues mange to somehow survive.
My union contract says I'm a right inside backer, not a left inside one.
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Bob Knight once told a fat camp that U had to be thready to throw some thick oak chit when the dookie bois had arrived
Penalties, typically called liquidated damages clauses, are written into contracts to avoid having the courts decide what they should be. In their absence, I really don't see schools suing kids if they leave. One way or another, it will work out as none of the parties benefit from chaos. The unfortunate thing is that all of this could have been avoided had the NCAA received better counsel over the years.
What will be an interesting question is at what level the bargaining unit is established. Sport, college, conglference, ?
probably at the school level since the school is the employer, which sets up a whole lot of issues. I wonder how Title IX is affected by this in the end? The losers of this are probably the star players as far as compensation is concerned. That being said, the big losers are going to be the kids who would have gotten scholarships if the current system remained in place. I suspect you will see a ton of schools (not the elite) abandon football at this level.
Correct but I’m saying (believe could happen) is that now that they are questionably amateurs because of NIL AND possibly consider employees; that the tax code would be changed.
As you of stated, currently it is exempt but they “student-athletes “ status as amateurs and now possibly employees, could change that exemption. Just my belief of the sliding slope.
Not necessarily. Tax code is largely driven by public policy considerations. Today, there are forms of income to employees that are not taxed. Best example I can think of is employers' contribution to medical insurance premiums.
"Student-athlete" is a contrived term; look up its genesis. "Amateur" status has no bearing on taxation. The "amateur student-athlete" of today is not taxed on the tuition portion of his scholarship, but the room and board components are subject to taxation.
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