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February 22, 2024

NLRB Official Rules that Dartmouth Basketball Players Can Vote to Unionize as Employees of the University

In a ruling that will likely affect the rights of college athletes for years to come, a National Labor Relations Board (NLRB) official ruled on February 5, 2024, that men’s basketball players at Dartmouth are “employees” of the university eligible to vote and form a union.
Home » News » NLRB Official Rules that Dartmouth Basketball Players Can Vote to Unionize as Employees of the University

Sarah M. Block
Thu, 02/22/2024

In a ruling that will likely affect the rights of college athletes for years to come, a National Labor Relations Board (NLRB) official ruled on February 5, 2024, that men’s basketball players at Dartmouth are “employees” of the university eligible to vote and form a union. Significantly, the official held that the players are considered employees because they act at the school’s direction for its benefit including publicity, alumni engagement, and financial donations, and perform tasks, such as practicing and attending games, in exchange for compensation—albeit non-traditional compensation and regardless of the fact that they do not receive athletic scholarships—including admissions financial aid and academic scholarships, equipment, apparel, and special services. However, the decision is not yet final as Dartmouth plans to appeal the ruling to the NLRB. If affirmed on appeal, the decision would pave the way for the basketball players hold a union election and to enter into collective bargaining negotiations, the first of their kind in the country. The case is called Trustees of Dartmouth College v. SEIU Local 560, Case 01-RC-325633.

The attorneys at MSE are experienced in providing legal advice to unions nationwide on wide-ranging issues and in representing unions in collective bargaining negotiations. In addition, MSE regularly represents workers and union members in labor and employment litigation. If you have questions about your labor rights as an employee or believe you may have been deprived of protected rights and employment benefits, including but not limited to the right to form, join or associate with a union, please reach out to MSE today at info@mselaborlaw.com

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