The National Labor Relations Board (NLRB) issued a historic ruling Monday declaring Dartmouth’s men’s basketball team to be employees and therefore eligible to form a union.
In a 26-page ruling, the NLRB said the players could be classified as employees under U.S. labor law because they are paid by the university.
“Because Dartmouth has the right to control the work performed by Dartmouth’s men’s basketball team, and the players perform that work in exchange for compensation, the petitioned basketball players are employees within the meaning of the law. I judge that it is.” [National Labor Relations] Please take action.” Said. “Furthermore, I do not believe that asserting jurisdiction will destabilize labor relations.”
Dartmouth Big Green’s No. 15 Brendan Barry celebrates a second-half shot during a college basketball game against the Georgetown Hoyas on November 13, 2021 at Capital One Arena in Washington, DC. (Mitchell Leighton/Getty Images)
“Therefore, I will be directing the elections of the petitioned units,” he added.
As Front Office Sports reported, the local chapter of the Service Employees International Union (SEIU) filed the lawsuit in September 2023, followed by witness testimony from the players in October.
“The ruling touched on several common themes discussed in the hearings, including the degree of control Dartmouth has over its players and the compensation they receive as employees, even if they are not monetary,” the newspaper said. did.
“Ivy League athletes, unlike other members of Division I programs, do not receive athletic scholarships. However, NLRB regional directors have determined that other forms of compensation, such as clothing, are sufficient. Lack of profitability also does not appear to deter the NLRB from declaring the players employees.”
A Dartmouth spokesperson said the university would appeal the ruling, arguing that Dartmouth’s athletic programs cost far more than they benefit compared to other universities.
The Dartmouth Big Green lines up for the Nationals anthem before a college basketball game against the Georgetown Hoyas at Capital One Arena on November 13, 2021 in Washington, DC. (Mitchell Leighton/Getty Images)
The school says, “Unlike other institutions where athletics generates millions of dollars in net revenue, the costs of Dartmouth’s athletics program far exceed the revenue generated from the program. “This is an expense that Dartmouth will incur as part of its participation in the league.” “Also, we do not compensate athletes and do not offer athletic scholarships. All scholarships are based on financial need.”
An NCAA spokesperson said the organization is currently [NLRB] This decision and its potential impact on all schools and student-athletes. ”
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