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Latest News - July 2014

July 7, 2014
Amicus Brief to NLRB regarding Unionization of Collegiate Athletes
By: Aloysius Hogan

For the National Labor Relations Board’s full consideration of unionizing student athletes, I submitted an amicus brief opposing the regional director’s decision and direction of election.

That follows my submission of testimony for the hearing “Big Labor on College Campuses: Examining the Consequences of Unionizing Student Athletes” before the full United States House of Representatives Committee on Education and the Workforce on May 8, 2014.

The following House and Senate leaders also submitted an amicus brief :

House Education and the Workforce Committee Chairman John Kline (R-MN);

Higher Education and Workforce Training Subcommittee Chairwoman Virginia Foxx (R-NC);

Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN);

Senate Health, Education, Labor, and Pensions Committee Ranking Member Lamar Alexander (R-TN);

Employment and Workplace Safety Subcommittee Ranking Member Johnny Isakson (R-GA); and

Primary Health and Aging Subcommittee Ranking Member Richard Burr (R-NC).

The Congressional brief argues that college athletes are not employees under the law and treating student athletes as employees is unworkable:

As a matter of both national labor and educational policy, the Congressional Committee Members urge the Board to find that grant-in-aid scholarship football players are not employees… The profound and inherent differences between the student-university and employee-employer relationship makes employee status unworkable both as a matter of law and in practice.



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