Higher Education Report

Higher Education Report

Category Archives: National Labor Relations Board

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The NLRB Unanimously Shuts Down Attempt to Unionize Northwestern’s Scholarship Football Players

Posted in College Athletics, National Labor Relations Board, NCAA, Student-Athletes, Unionization
In a long-awaited decision issued on August 17, 2015, the five-member National Labor Relations Board (“Board”) unanimously shut down an attempt by Northwestern University’s scholarship football players to become the first group of college athletes to form a labor union.  This Board holding vacates the direction of election issued by an NLRB Regional Director in March… Continue Reading

Is the NLRB’s Brown University Decision on Its Last Leg?

Posted in National Labor Relations Board, Unionization
The National Labor Relations Board’s treatment of college and university students as “employees” covered by the National Labor Relations Act has been the subject of a tortured history. In the Fall of 2000, in a case involving NYU, the NLRB held that graduate assistants could be employees under the Act and therefore subject to the… Continue Reading

NLRB Grants Request for Review of Northwestern University Decision

Posted in National Labor Relations Board, Unionization
In a not surprising development, the National Labor Relations Board announced today that it has granted Northwestern University’s Request for Review of the Regional Director’s decision directing an election among the University’s grant-in-aid scholarship football players, citing the existence of “substantial issues warranting review.”  The NLRB will later issue a briefing schedule, which will invite amicus… Continue Reading

The NLRB, Northwestern University and Unintended Consequences

Posted in Higher Education, National Labor Relations Board
As reported here last week, the NLRB’s Regional Director in Chicago has determined that those members of the Northwestern University football team who receive grants-in-aid are “employees” under the National Labor Relations Act.  Even aside from the questionable basis for this conclusion, the Regional Director’s decision begs the question what are the possible unintended consequences… Continue Reading

NLRB Regional Director Finds College Football Players Qualify as Employees and Can Unionize

Posted in Higher Education, National Labor Relations Board
In a stunning and potential landmark decision, a Regional Director of the National Labor Relations Board has found that football players receiving grant-in-aid scholarships from Northwestern University (the University) are “employees” under the National Labor Relations Act.  In his decision released Wednesday afternoon, the Regional Director determined that “players receiving scholarships to perform football-related services for [the… Continue Reading