On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National Collegiate Athletic Association (NCAA) and other heavyweights in collegiate athletics. The NCPA’s charges allege that the NCAA and others misclassify student athletes as amateurs and ask the NLRB to rule that student athletes are employees under the National Labor Relations Act (NLRA).

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Just last fall, the General Counsel of the NLRB started looking for cases through which to advance the

General Counsel’s position that student athletes at private (and perhaps public) educational institutions

The NLRA confers its protections—including the rights to unionize, demand bargaining, and engage in

student-athlete/employee question once more. In Alston—a class action brought by certain current and

The General Counsel further indicated her intention to pursue her position—which must be adopted by

The NCPA’s charges raise three issues concerning the status of student athletes.

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