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Posted: | Hirsch Roberts Weinstein LLP Category: HR - Education Industry
The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a decision finding that the male varsity basketball players at the Ivy League’s Dartmouth College were employees of the school, despite not being offered athletic scholarships.
The decision required Dartmouth to bargain with SEIU Local 560, the union representing the basketball players, over terms and conditions of “employment.” Dartmouth refused to bargain and announced that it believed that court review would demonstrate that the NLRB decision holding that its varsity basketball players were employees would be overturned.
Yesterday, SEIU Local 560 filed an unfair labor practice complaint against Dartmouth asserting that Dartmouth’s outright refusal to bargain with SEIU violated Dartmouth’s duty to bargain in good faith under the National Labor Relations Act. The next step is for the complaint to be investigated by Region 1 of the NLRB. If a violation is found as a result of the investigation, Region 1 will issue an unfair labor practice charge against the school.
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