Listen to this post

The Dartmouth Men’s Basketball team, represented by the Service Employees International Union (SEIU) Local 560, requested to withdraw its petition to unionize on December 31, 2024. The petition, approved by the National Labor Relations Board (NLRB) the same day, ended the first successful college athlete unionization effort in the nation. The timing of the withdrawal was likely a strategic choice to avoid review of NLRB Regional Director Laura Sacks’s (Sacks) declaration that the athletes are employees under the National Labor Relations Act (NLRA) by the Board under the Trump Administration. Shortly after, on January 10, 2025, the National College Players Association formally requested to withdraw its pending unfair labor practice charge against the NCAA, Pac-12, and the University of Southern California, stating it “believes that it is best to provide adequate time for the college sports industry to transition into this new era before football and basketball players employee status is ruled upon.”

Despite this, union organizing on campuses remains strong and unions will likely continue to make gains amongst student workers. Graduate student bargaining units are increasing in popularity, and several wall-to-wall undergraduate student worker units were certified in 2024. While a Republican-led Board may be less friendly to campus unionization efforts, organized student groups can still put pressure on college administrations by aligning with unions. For example, SEIU Local 560 intends to support an Ivy League Players Association which aims to secure group licensing access for athletes. Student workers seeking to organize have also engaged in work stoppages, picketing, and other economic activity.

What this means for you

Institutions should prepare for union organizing before organizing efforts begin. Managers and supervisors should be trained on employee rights under Section 7 of the NLRA. Unwitting or well-meaning supervisors and managers curious about union activities can easily engage in unlawful surveillance, interrogation, or other conduct that may violate the NLRA.

If student employees file a petition for recognition, or for the approval of an election agreement, it will be paired with an extensive data request that may conflict with the Family Educational Rights and Privacy Act (FERPA). General Counsel Abruzzo issued a memorandum with guidance on steps institutions should take if presented with such a request as FERPA does not eliminate the need to respond. Due to the speed to which these requests must be responded, institutions should examine which records it believes will be FERPA-protected before the request is made.

Contact us

If you have questions regarding the intersection of labor law and college athletics or how your campus can be prepared for an organizing campaign, please contact your Husch Labor attorney.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Jon McNutt Jon McNutt

Jon’s practice spans traditional labor on behalf of management, employment litigation defense, and employment advice and counsel. He advises companies during union organizing campaigns, negotiates collective bargaining agreements, and defends employers in grievances and arbitrations. He has served as chief negotiator in more…

Jon’s practice spans traditional labor on behalf of management, employment litigation defense, and employment advice and counsel. He advises companies during union organizing campaigns, negotiates collective bargaining agreements, and defends employers in grievances and arbitrations. He has served as chief negotiator in more than 100 collective bargaining agreements, defended and resolved dozens of arbitrations, and helped unionized employers avoid legal pitfalls.

In addition to his traditional labor work, Jon also represents employers in a wide variety of employment litigation, including wage and hour class action and PAGA litigation, and single plaintiff claims involving wrongful termination, discrimination, and workplace harassment. He has achieved difficult wins at trial, on summary judgment, and through direct and mediated settlements.

Jon works with clients in a variety of industries, particularly higher education, hospitality transportation, healthcare, manufacturing, retail, transportation, gaming, entertainment, financial services, and many other industries.

Photo of Samantha Bowie Samantha Bowie

Samantha focuses on labor and employment matters.

Samantha’s passion for labor and employment law emerged during her legal studies, where she took every employment-related class available. Her interest is driven by the field’s universal relevance: everyone has experience as an employee, making it

Samantha focuses on labor and employment matters.

Samantha’s passion for labor and employment law emerged during her legal studies, where she took every employment-related class available. Her interest is driven by the field’s universal relevance: everyone has experience as an employee, making it a field with challenges every business faces. She provides both preventative counsel and litigation defense and has a particular interest in the unique issues faced by educational institutions.