Publication Date

1-1-2020

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

College athletes, Student employees, Sports, Work study, Student-athletes, Employees, Department of Labor, Collective bargaining, Unions, Union organizing, Revenue-generating sports, College sports, Northwestern University, National Labor Relations Board (NLRB), Football Bowl Subdivision (FBS)

Abstract

This Article argues that the NLRB issued a non-decision in Northwestern University. A close look at the opinion shows that the Board refused to make findings it is statutorily required to make when ruling on an election petition. Though the decision buries much of this evidence in its footnotes, this Article unearths this evidence and reveals how the footnotes consistently disclaim statements made by the Board in the decision’s text. Moreover, close scrutiny of the precedent cited by the NLRB reveals that the Board may not, in fact, have the authority to exercise the discretion it claims for itself in declining jurisdiction over the matter. Finally, the Article maintains that elite athletes in moneymaking collegiate sports like football and basketball, primarily in Football Bowl Subdivision (“FBS”) Division I Power 5 Conferences, are indeed employees that should be able to unionize if they wish.

Rights Holder

Roberto L. Corrada, Harvard Journal of Sports & Entertainment Law

File Format

application/pdf

Language

English (eng)

Extent

25 pgs

File Size

130 KB

Publication Statement

Copyright held by the author. User is responsible for all copyright compliance.

This article was originally published as Roberto L. Corrada, The Northwestern University Football Case: A Dissent, 11 Harv. J. Sports & Ent. L. 15 (2020).

Volume

11

First Page

15

Last Page

39

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