by CUPA-HR | January 21, 2025
Two efforts to extend collective bargaining rights to college athletes have been withdrawn in recent weeks in anticipation of the Trump administration taking control of the National Labor Relations Board (NLRB).
On December 31, 2024, the Dartmouth men’s basketball team withdrew their petition to unionize. Members of the team overwhelmingly voted in March 2024 to join the Service Employees International Union (SEIU). The vote came one month after an NLRB regional director ruled that the players were employees of the college and were thus eligible to unionize.
Additionally, on January 10, 2025, the National College Players Association (NCPA) withdrew its case against the University of Southern California, the Pac-12 Conference and the NCAA. In the original complaint, the NCPA claimed the three plaintiffs violated the National Labor Relations Act (NLRA) by misclassifying the student-athletes as non-employees. They also argued all three plaintiffs were joint employers of the student-athletes.
Both of these efforts were pursued after NLRB General Counsel Jennifer Abruzzo issued a memorandum arguing that student-athletes are employees under the NLRA and are therefore afforded all statutory protections as prescribed under the law. The incoming administration will likely rescind the memorandum, halting or at least hindering unionization efforts among student-athletes.
The decision to withdraw both petitions is likely meant to avoid an unfavorable outcome and precedent from a soon-to-be Republican-controlled NLRB. The SEIU explained in a statement following their withdrawal request that they sought “to preserve the precedent set by this exceptional group of young people on the men’s varsity basketball team.”
CUPA-HR will keep members apprised of any updates related to student-athlete employment classification and unionization.