NLRB Punts On College Football Union Case

Allowing the student-athletes of Northwestern University’s football program to form a union would upset the balance of competition in the absence of unions at other schools, the NLRB unanimously ruled this week. More than a year ago, the regional NLRB director in Chicago ruled that Northwestern players should be allowed to form a union. The national office overturned that ruling, but gave itself the freedom to respond differently in the future by not asserting jurisdiction. The NLRB also did not make a ruling on whether or not student-athletes should be considered employees, a central element in the Northwestern players’ argument. Joseph Farelli, a partner at Pitta & Giblin LLP, told BloombergBusiness, “I think there was a tremendous amount of pressure brought to bear on the labor board not to touch this. … There was a lot of congressional heat put on the NLRB on this.”