March Madness is a fitting time to focus on recent legal activity in the longstanding dispute over whether college athletes should be treated as employees.
The latest development concerns the Dartmouth College men’s varsity basketball team’s right to unionize under the federal National Labor Relations Act . Dartmouth’s players, like all Ivy League athletes, receive no athletic scholarships. The basketball program costs Dartmouth more to run than it generates in revenue. Nonetheless, on Feb.
Even if Sacks’ decision ultimately is upheld and its reasoning applied nationwide, it would not affect SDSU athletes or those at other state-run institutions. The NLRA applies only to private employers, not public employers, such as state universities. The NLRB has recognized that state educational institutions are “subject to state labor laws governing public employees.
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