John Rubin, U.W. 2009, is an associate with von Briesen & Roper in Wauskesha, where he focuses on labor and employment law.
A recent National Labor Relations Board announcement updated guidance on whether student athletes at academic institutions are considered employees with the right to organize. John Rubin discusses the new guidance and gives practical suggestions for academic institutions in light of the announcement.
On Sept. 29, 2021, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo (the GC) issued GC Memorandum 21-08 – Statutory Rights of Players at Academic Institutions (Student-Athletes) Under the National Labor Relations Act.
Pursuant to the GC’s prosecutorial discretion regarding the National Labor Relations Act (the Act), Abruzzo set forth her position that certain “Players at Academic Institutions” on scholarship – commonly known as “student-athletes” – are covered employees under the Act, with the right to unionize, and to engage in other protected concerted activities regarding their working conditions.
This article provides a brief overview of the GC’s guidance along with practical suggestions for academic institutions in light of the announcement.
A Brief History of Board Precedent
While professional sports such as Major League Baseball and the National Football League have long been unionized, the NLRB had not previously addressed the coverage of scholarship college athletes under the Act.
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