{"id":354910,"date":"2016-04-04T11:01:49","date_gmt":"2016-04-04T16:01:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/higher-education\/can-college-athletes-unionize.html"},"modified":"2024-07-17T16:48:10","modified_gmt":"2024-07-17T21:48:10","slug":"can-college-athletes-unionize","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/higher-education\/can-college-athletes-unionize.html","title":{"rendered":"Can College Athletes Unionize?"},"content":{"rendered":"\n
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Can College Athletes Unionize?<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Though many college athletes have not been able to unionize, laws and policies are shifting. Student-athlete unionization has been a hot topic for years.<\/p>\r\n

The law around this issue is complicated. The National Labor Relations Act<\/a> (NLRA) allows employees to form unions. But are student-athletes considered employees under the NLRA? The Supreme Court and other courts have given some guidance on this issue, but it’s not settled yet.<\/span><\/p>\r\n

Historically, unions have allowed workers to negotiate with employers. Unions help negotiate when workers can’t negotiate on their own behalf effectively. Unions typically represent workers with relatively little individual power.<\/p>\r\n

In recent years, college athletes have tried to unionize. These attempts raise questions about whether college athletes are employees. They also challenge ideas about the purpose and utility of unionization. This article explains the different sides of this legal debate.<\/p>\r\n

Are College Football Players Employees?<\/h2>\r\n

Whether college athletes, such as football or basketball players, are employees is legally unclear. This question has caused debate.<\/p>\r\n

In 2015, football players at Northwestern University sought classification as employees<\/a>. Northwestern University is a private university. These football players argued they were entitled to certain rights and obligations in a bid to organize a union. However, this was rejected by the National Labor Relations Board.<\/p>\r\n

The National Labor Relations Board<\/a> (NLRB) is a federal organization that protects labor unions. They unanimously declined to classify the Northwestern student-athletes as employees. The board did not rule on the question of whether student-athletes are employees. Instead, it declined to extend jurisdiction<\/a> to cover college football, citing negative consequences for doing so.<\/p>\r\n

In 2021, the NLRB General Counsel Jennifer Abruzzo wrote a memo that said they could be seen as employees under federal law. See more information about this landmark decision below. The question remains in the air.<\/p>\r\n

Pro-Unionization Arguments<\/h2>\r\n

People who think college athletes should be able to form a union say it’s about fairness. These athletes bring in a lot of money for academic institutions and athletic conferences, but often get little in return or don’t get paid at all.<\/p>\r\n

A union would use collective bargaining to help athletes get better conditions, like health care or a share of the revenue. The National College Players Association supports this view and fights for athletes’ rights.<\/p>\r\n

Those who argue for unionization for college athletes claim it would provide them with several benefits. These benefits include:<\/p>\r\n