Are student-athletes employees? Federal regulators weigh in

This week, a National Labor Relations Board official ruled that Dartmouth College men’s basketball players are employees of the school, clearing the way for an election that could create the first labor union for NCAA athletes.

The NLRB ruling boiled down to this: since Dartmouth players perform work in exchange for compensation and the school has the right to control that work, the athletes should be classified as employees.

• Dartmouth unsuccessfully argued the players shouldn’t have the right to collectively bargain because they don’t receive any athletic scholarships and the men’s basketball program loses money each year.

Why the ruling is a big deal: Unionizing would allow college athletes to collectively negotiate over their compensation and working conditions, including practice hours and travel. It would also open the door for schools to pay student-athletes an annual salary for the first time in college sports history.

• But, much like Pinocchio at the beginning of the movie, that money would come with strings. Schools would gain control over many aspects of athletes’ lives under employment contracts, including their social media usage, their involvement in certain organizations, and their ability to transfer between colleges.

Looking ahead… Dartmouth is expected to appeal the NLRB's ruling to the full national board, which could take years to resolve. In the meantime, the men’s basketball players will hold a vote on whether to unionize – though the results won’t be published until the appeals process is complete.

📸 Big picture: The line between college and pro sports needs some glasses – because things are getting quite blurry. In addition to the NLRB ruling, the college sports model based on amateurism is facing several other legal and political challenges.