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38 Cardozo L. Rev. 1627 (2016-2017)
The Future of College Athlete Players Unions: Lessons Learned from Northwestern University and Potential Next Steps in the College Athletes' Rights Movement

handle is hein.journals/cdozo38 and id is 1685 raw text is: THE FUTURE OF COLLEGE ATHLETE PLAYERS UNIONS: LESSONS LEARNED FROM NORTHWESTERN UNIVERSITY AND POTENTIAL NEXT STEPS IN THE COLLEGE ATHLETES' RIGHTS MOVEMENT Marc Edelmant On January 28, 2014, the Northwestern University football players filed a petition with the National Labor Relations Board (NLRB) seeking to become the first group of college athletes to form a union. Although the NLRB'S Thirteenth Region concluded that Northwestern University grant-in-aid college football players constituted employees under the National Labor Relations Act, the NLRB Board Members nevertheless declined to assert jurisdiction because they believed the proposed bargaining unit would not promote stability in labor relations. This Article explores the future prospects for organizing Football Bowl Subdivision football players and Division I men's basketball players after the NLRB's decision in Northwestern University. Part I of this Article provides a brief overview of US. labor law and introduces the unique labor dynamics of big-time college sports. Part II explores labor organizers' recent attempts to unionize the grant-in-aid football players on the Northwestern University college football team. Part III describes potential strategies for unionizing alternative bargaining units of elite college athletes. Finally, Part IV analyzes the interplay between unionizing college athletes and challenging the NCAAs restraints on college athlete pay under section 1 of the Sherman Act. TABLE OF CONTENTS IN TRO DU CTION .............................................................................................................. 1628 I. A BRIEF PRIMER ON EMPLOYEE UNIONS AND COLLEGE SPORTS ........................ 1629 t Professor Marc Edelman (Marc@MarcEdelman.com) is a tenured Professor of Law at the Zicklin School of Business, Baruch College, City University of New York. He is also an adjunct professor at Fordham University School of Law and a columnist for Forbes SportsMoney. Professor Edelman advises numerous businesses on,legal issues related to antitrust, gaming, intellectual property, collective bargaining, and sports law. He thanks Baruch College graduate student Caroline Porter for her research assistance. 1627

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