Question for MGoLawyers--
I was reading SCOTUSblog in preparation for the rulings expected today, and in my review of the NLRB decision from last week, I had a thought. A analysis of the case (http://www.laborlawyers.com/supreme-court-strikes-down-nlrb-recess-appointments) claims that every NLRB decision from Jan '12 up to now is subject to re-review due to the NLRB appointments being largely illegal w.r.t. recess appointment powers of the President. Does this have an impact on the NW Football union case? As I remember, the regional NLRB ruled NW football players have a chance to form a union being considered employees of the university, but the national NLRB subsequently impounded the votes because of a pending legal challenge ("The NLRB subsequently granted a request by the university for a full-board review of Ohr's decision, but players cast ballots two weeks on whether to unionize. Because of Northwestern's challenge, the ballots were impounded by the NLRB and unlikely to be counted until the full board issues a decision."- http://www.usatoday.com/story/sports/ncaaf/2014/05/08/house-education-workforce-committee-northwestern-football-labor-union/8846329/)
Does anyone know if this SCOTUS ruling changes the status quo on the NW case? Did the national NLRB issue a ruling? Would / could the universities involved in this case use this SCOTUS decision as a basis for a re-challenge of the original ruling? Could they wait it out for a potential change in NLRB composition that might be more favorable to them, as the Fisher & Phillips linked above suggests other losers of NLRB rulings might do? Now that Coulter is fully graduated from the university and is no longer an "employee" since he's no longer on scholarship, does he even have standing? Appreciate the comments...
So the existing college players union thread seems to have gone straight to the "Theyre already paid" vs. " but Delany makes BILLIONS" argument, and I think the union goes deeper than that. Specifically, let's leave that money/stipend/pay-for-play discussion in the other thread and focus on what OTHER things NCAA athletes could attempt to bargain for.
Coulter commented that right now Athletes don't even have a seat at the bargaining table. Now, presumably, they will. If I'm an NCAA athlete I have a few things that I'd like to see:
1 - rewrite the LOI with protections for players. Currently LOIs are an extremely 1-way contract, as seen when Les Miles tells a kid who is moving into the dorms that he doesn't have a scholarship. I'd like to see universal transfer rules (eligible immediately if a coach leaves, able to go anywhere out-of-conference) and 4-5 year scholarships
2 - additional year of non-eligible scholarship education: All players get 1 additional year of tuition/room/board beyond their playing years (capped at 5 years). If the NCAA really is about educating college athletes, get them more education. If players are leaving for the pros doing what is best for them, keep them connected to their college and have the protection for the students if the pros doesn't work.
3 - streamlined compliance rules - seriously, bagels = OK, cream cheese = violation. Let's get some players in the room when those rules are being discussed.
4 - recruiting communication rules - same thing. Let the athletes discuss the rules as to how their lives will be changed.
Anything else? There are already practice time constraints. Should there be protections/benefits for interviews/photoshoots? How about player input on "countable hours"?
There was a lot of reaction here to the news that Northwestern football players are seeking to form a union.
Their charge is that the NCAA, while raking in extraordinary sums of money through the years, has time and again refused to even discuss affording players basic protections for their services, according to CBS analyst Jeremy Fowler.
"This is about basic services for athletes working 40-plus hours a week on football. They want medical care and concussion reform to accommodate a violent sport. If someone two years removed from the college game needs to repair a knee injury sustained while playing. . . CAPA wants that surgery covered," writes Fowler.
Six billion dollars is coming in over the next 12 years for the emerging football playoff, before TV is figured in.
The question is whether the National Labor Relations Board is going to certify that the players have rights as employees. An "overwhelming" portion of the NW football team has signed on. The article also says that Georgia players are considering taking part.
I don't know if a civil discussion can be conducted about this matter. But I do know that it's important to college football and sports in general. I don't see how, if we're going to mirror the landscape at all here, we can avoid giving this attention. Like it or no, this question of whether, why, and how to remunerate college athletes has legs.
A backgrounder: http://www.cbssports.com/collegefootball/eye-on-college-football/24422752/northwestern-players-start-union-movement-in-college-athletics
We are just a few minutes away from puck drop in Tampa for the 2012 Frozen Four.
Our 4:30 game is Union vs Ferris State (ESPNU) and the 8:00 pm game will be Boston College vs Minnesota (ESPN2). Should be another day of great hockey so tune in if you get the chance.
There was a lovely ceremony at 2 this morning that I stumbled upon that talked all about this historical movement and it got me thinking of how proud I am to be able to go to a university that makes such a big impact around the world. So this post is for anyone who has participated in the peace corps or dedicated their lives to equally great causes and represent the university so well.
Go Blue, I am damn proud to be a wolverine