In an attempt to have a regional director’s decision that Northwestern University football players are employees, the school filed a reply brief with the National Labor Relations Board (“NLRB”) explaining that its relationship to the student athletes is not economic.
Previously, the regional director Peter Sung Ohr found that under the National Labor Relations Act, the athletes receiving scholarships were “employees” and could vote to unionize. In response, Northwestern argued that since the school is not “in the business of football,” no “economic relationship” is formed with its student players. Further, it claimed Ohr’s unprecedented decision would create a chaos for the athletes.
On the same day, the College Athletes Players Association (“CAPA”) filed an opposing reply brief stating Northwestern as well as the organization have “enormous self-interests in maintaining a system in which the schools, coaches and athletic directors share multimillions in revenue generated by the players’ labor.” The student athletes’ inability to negotiate the terms and conditions of their football work deprives their rights under the National Labor Relations Act, according to CAPA’s brief.
NLRB’s full board is in the process of reviewing the regional director’s decision and in May it asked interested parties to submit amicus brief addressing issues raised in the decision. In the meantime, the results of votes casted by Northwestern football players on unionization remain sealed until the NLRB makes its decision.
NLRB gets the case of the Northwestern football player union and the wait begins