WASHINGTON (AP) - Northwestern University on Thursday urged
the National Labor Relations Board to overturn a regional ruling that would
allow its scholarship football players to unionize, holding up the football
program as exemplifying the university's integration of athletics and
education.
In a 60-page brief filed with the labor board in Washington
just hours ahead of a midnight deadline, the university laid out its opposition
to student athletes forming a union and asked to argue its case before the
board.
The regional director's decision "transforms what has
always been a cooperative educational relationship between university and
student into an adversarial employer-employee relationship," the
university said in the brief.
Northwestern's brief was one of several filed Thursday by
organizations on both sides of a March 26 ruling by a regional director of the
labor board that could revolutionize college sports. The director ruled that
football players who receive full scholarships to the Big Ten school qualify as
employees under federal law and therefore can unionize.
An employee is regarded by law as someone who, among other
things, receives compensation for a service and is under the strict, direct
control of managers. In the case of the Northwestern players, coaches are the
managers and scholarships are a form of compensation.
An organization of college presidents filed a
friend-of-the-court brief taking strong issue with the regional director's
ruling.
"Student-athletes participate for their own benefit;
they do not render services for compensation," said the 1,800 member American
Council on Education. They "are not employees and therefore not subject to
the National Labor Relations Act."
The full labor board is weighing the case but has no
deadline for a ruling.
In asking the board to overturn the ruling, Northwestern
University said that its Chicago-region director "overlooked or ignored
key evidence that Northwestern presented showing that its student-athletes are
primarily students, not employees."
Instead the regional director's decision "relied
incorrectly on a common-law definition of employee that considered the amount
of control an employer has over an employee," said Northwestern, which is
located in Evanston, Illinois.
In its own brief, the fledgling College Athletes Players
Association argued that Northwestern football is a commercial enterprise from
which the university derives substantial financial benefits. "They are
entitled to representation ... the regional director's decision should be
affirmed," the union said.
At its core, the players' union said, "this case
involves the same questions that arise in every representation case: Do the
players perform services for the university? Do they work under the
university's supervision and direction? Do they receive compensation for their
work?"
Answering in the affirmative, the players' union said that
under federal law, the players are entitled to vote on whether to unionize
"and to pursue a collective voice to address their working
conditions."
The Northwestern college athletes on scholarship did hold an
election in the spring. However, the ballot box was sealed pending a final NLRB
decision.
In other voices in the case:
-The AFL-CIO labor union asserted in its brief that the
Northwestern football program "functions as a largely autonomous
commercial enterprise that is affiliated with and generates revenue for the
university. There is no question that the players...'work for' the Northwestern
football program in much the same way as professional athletes."
- Republican members on the House Education and Workforce
Committee, led by its chairman, Rep. John Kline, R-Minn., urged the labor board
to rule against the college athletes' union. "The profound and inherent
differences between the student-university and employee-employer relationship
makes employee status unworkable both as a matter of laws and in
practice."
- Republican members of the Senate Labor Committee also
sided with Northwestern, saying in its court filing, "Congress never
intended for college athletes to be considered employees under the National Labor
Relations Act, and doing so is incompatible with the student-university
relationship."
- A coalition of unions representing major league
professional baseball, football, basketball and hockey players filed its own
brief supporting the players, noting that Northwestern should be able "to
negotiate clearly delineated contract terms" with the university
"that respect each other's vital concerns and include a fair and effective
dispute resolution mechanism."
Source: Philly.com
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