College Athlete Unionization

The U.S. Supreme Court’s landmark 2021 decision in NCAA v. Alston has opened the door to serious consideration of the potential for college athlete unionization and collective bargaining. The ruling, highlighted by Justice Kavanaugh’s concurring opinion, suggests collective bargaining as a potential solution to the National Collegiate Athletic Association’s (“NCAA’s”) antitrust vulnerabilities. This Article delves into the initial legal and strategic questions surrounding the prospect of unionization, focusing particularly on NCAA Division I football and basketball, due to their significant revenue generation making them prime candidates for unionization efforts. The National Labor Relations Board (“NLRB” or “Board”) is positioned to play a central role in the unionization attempts at private universities and potentially influence public university efforts. A recent NLRB complaint against the University of Southern California (“USC”) accusing the institution of misclassifying student athletes as non-employees will answer some important labor law questions that will likely guide future unionization efforts. Moreover, the Service Employees International Union’s (“SEIU’s”) successful union election bid involving the Dartmouth College men’s basketball team represents a significant step forward, marking the potential beginning of college athlete unionization. This Article provides a comprehensive examination of the issue, starting with the NLRB’s involvement and its pivotal decision regarding the Northwestern University case. It proceeds to dissect the Supreme Court’s Alston decision’s implications for unionization and collective bargaining. It further explores the complex labor and employment law intricacies, such as the definitions of employee and employer, appropriate bargaining units, and the NLRB’s jurisdiction over public universities. Finally, it theorizes on how unionization may unfold, outlining possible challenges, pitfalls, and the expected advantages for college athletes through collective bargaining.