US Labor Board Prepares for Union Election for Dartmouth College Basketball Players by Reuters

By Daniel Wiessner

A U.S. labor board official announced on Monday that the men’s basketball players at Dartmouth College, an Ivy League institution in New Hampshire, are considered employees of the school and may vote on forming a union.

This ruling by Laura Sacks, the regional director of the National Labor Relations Board (NLRB) in Boston, could pave the way for a groundbreaking unionization effort in college athletics, coinciding with a growing movement to loosen restrictions on student athlete compensation.

Sacks highlighted that Dartmouth’s basketball program creates significant publicity, fosters alumni engagement, and generates financial contributions, establishing that the school has control over the players’ work, thereby designating them as employees under U.S. labor law.

“While students at Dartmouth participate in numerous extracurricular activities, major media outlets do not pay for the rights to broadcast most of those activities,” Sacks noted in her comprehensive 26-page ruling.

The ruling stems from a petition by a Service Employees International Union affiliate that is pushing for a vote on unionizing the players. While Sacks did not specify a date for the election, Dartmouth has the option to appeal the decision to the five-member NLRB; however, such an appeal would not obstruct the voting process.

Neither Dartmouth nor the affiliated union immediately responded to requests for comments.

This decision marks the first of its kind since NLRB General Counsel Jennifer Abruzzo published a memo in 2021 asserting that numerous college athletes should be regarded as employees of their respective schools. Abruzzo, who was appointed by President Joe Biden, indicated that her office would pursue complaints against colleges that hinder players’ organizing efforts. For example, the University of Southern California faced a complaint last May for allegedly blocking student athletes from forming a union by not recognizing them as employees.

Dartmouth, like other Ivy League institutions, does not offer athletic scholarships. However, Sacks’ decision noted that the basketball players receive various forms of compensation, including early admission to college, equipment, apparel, game tickets, lodging, and meals.