NLRB Hands Down Dartmouth Decision That Could Be A Death Knell For The NCAA

The NCAA is officially on the ropes.

The college athletics governing body had been stunned repeatedly with various lawsuits in recent years.

But a National Labor Relations Board ruling that deemed Dartmouth College basketball players as employees on Monday evening could be the final nail in the coffin.

“Because Dartmouth has the right to control the work performed by the Dartmouth men’s basketball team, and the players perform that work in exchange for compensation, I find that the petitioned-for basketball players are employees within the meaning of the [National Labor Relations] Act,” the ruling stated.

College athletes petitioned the NLRB previously for employee status previously in 2015. At that time, the NLRB determined at a regional level that Northwestern football players could unionize. But that ruling was later overturned at a national level.

The NLRB also only applies to private sector, meaning its ruling may not apply to most NCAA universities.

But the ruling did make some key distinctions. For one, the NLRB ruled that profitability is not relevant to employee status.

It also differentiated between college athletes and college students who participate in other university-related activities.

Should players opt to unionize now, they would create the first labor union for NCAA athletes. Which, in and of itself is a good thing.

What it means for college athletes and college athletics long term is another questions.

Revenue sharing between athletic departments and athletes has long been on the table. But that often refers to athletes in so-called “revenue-generating” sports at larger institutions. The NLRB ruling could apply to athletes at all levels of the NCAA pyramid.

If those programs who do not turn a profit are legally obliged to compensate athletes beyond scholarships, it could lead to a stick situation.

But for now, it serves only as a loud and clear warning to the NCAA to come up with a solution, and fast.