When we hear about unionizing, we might think of Jimmy Hoffa, Amazon warehouses, or others who occupy American industry. However, after recent changes allowing collegiate athletes to capitalize on their names, images, and likenesses (NIL), Dartmouth basketball has pushed athletes' rights further. They are unionizing—at least for now.
If you are a student-athlete needing a capable attorney's representation, call the Lento Law Firm today at 888.535.3686 or contact us online.
Why College Athletes Are Pursuing Unionization
The idea of college athletes unionizing is not new. Northwestern University's football team attempted to unionize in 2014 when college athletes had far fewer rights than today. That effort failed, but Dartmouth basketball members likely share the motivation among Northwestern players to unionize.
As athletes have earned more leeway to earn compensation for their talents and work, their role becomes increasingly reminiscent of employees. According to the U.S. Department of Labor, "Most workers in the private sector, with some exceptions, have the right to form and join a union."
Student-athletes may have several reasons for wanting to form or join unions, as being unionized may:
- Instill greater organization among athletes, providing a formal framework for discussing athlete-specific concerns
- Maximize the bargaining power of athletes, as they may have a greater capacity to affect change when functioning as a collective
- Allow athletes to achieve specific aims, such as securing health insurance or a greater share of athletics-derived revenues
It remains to be seen whether the National Labor Relations Board will uphold a decision to allow Dartmouth men's basketball to unionize. However, the trends in collegiate athletics indicate that unionization is not an issue of if but when.
National Labor Relations Board Rules Dartmouth Men's Basketball Can Unionize
In February 2024, the regional director for the NLRB's Northeast region, Laura A. Sacks, ruled in agreement with Dartmouth basketball's assertion that they qualify for unionization. Sacks' ruling was based on the finding that:
- Dartmouth has the right to control work performed by members of the Dartmouth men's basketball team (such as when to practice and play)
- The players receive compensation in exchange for their work
Pending the outcome of any review and appeal, Dartmouth basketball's player representatives will have to decide whether to join a union that represents other Dartmouth employees, Service Employees International Union Local 560.
Unions Are Not Always Enough. Let the Lento Law Firm Go to Bat for You.
The Dartmouth men's basketball team's formal pursuit of union participation signals the need for greater rights among student-athletes. For years, the Student Defense Team at the Lento Law Firm has seen firsthand student-athletes struggles, and the limited resources schools provide those athletes.
Our firm represents student-athletes in various circumstances, including defense from allegations of behavioral wrongdoing to eligibility issues and NCAA advocacy and beyond.
Call the Lento Law Firm today at 888.535.3686 or contact us online to learn how we can assist you.
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