Players as Employees - Part 4

Early this year, we began to track a ruling that Dartmouth basketball players were "employees," and therefore entitled to collective bargaining rights. Dartmouth is a private institution so rulings regarding it are not strictly related to public universities such as UC. However, our PERB certainly will be aware of private sector developments and may take them as precedents.

Dartmouth refused a collective bargaining order by a regional NLRB official. So the case will likely be tested, both at the full NLRB and the courts. From The Guardian last week:

The union representing the Dartmouth men’s basketball team on Wednesday filed an unfair labor practice complaint against the school because it has refused to negotiate with the players on a collective bargaining agreement. Service Employees International Union Local 560, which already represents other Dartmouth workers, said the failure to bargain was a violation of both labor law and the school’s own code of ethics... 

A regional director of the National Labor Relations Board ruled this spring that Dartmouth basketball players were employees of the school, clearing the way for them to unionize. The players then voted 13-2 to join SEIU Local 560. Dartmouth responded by announcing that it would not bargain with the players – a tactic designed to force the case into court in the hopes that a federal judge would overturn the NLRB decision. “This is the only lever Dartmouth has to get this matter reviewed by a federal court,” the school said at the time.

The school said players are “students whose educational program includes athletics.” ...

Full story at https://www.theguardian.com/sport/article/2024/aug/21/dartmouth-basketball-players-union-unfair-labor-practices.