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NLRB Rules Northwestern Football Players Cannot Unionize

Tyler ConwayAug 17, 2015

In a surprising decision, the National Labor Relations Board issued a unanimous decision Monday that denies Northwestern football players the right to unionize.

The decision overturns a ruling from the NLRB's Chicago office, which said scholarship athletes of private institutions were university employees and had the right to unionize. Monday's decision does not make an official ruling on whether student-athletes are employees; it merely dismisses the NLRB's jurisdiction and thus the players' right to unionize. 

In making its "narrowly focused" decision, the labor board stated it did not believe allowing private institutions the right to unionize would create a more uniform working environment. All but 17 of the FBS' 125 teams are state-run institutions, which are not bound by NLRB rulings. 

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"As the NCAA and conference maintain substantial control over individual teams, the Board held that asserting jurisdiction over a single team would not promote stability in labor relations across the league," a statement read. "This decision is narrowly focused to apply only to the players in this case and does not preclude reconsideration of this issue in the future."

Michael McCann of Sports Illustrated noted the crux of the argument has not been commented on:

The ruling will not be subject for appeal. Northwestern players, who voted last year on whether to unionize, will have those votes thrown out. Though reporters indicated players voted against unionization, those results will not be publicized. 

Other notable institutions that could have been subject to unionization include Notre Dame, USC, Stanford and Boston College. This ruling prohibits those players from voting on the national level. However, as noted by Kevin Trahan of SB Nation, it is possible (albeit unlikely) for state or city governments to offer players the right to unionize.

Follow Tyler Conway (@tylerconway22) on Twitter 

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