The Los Angeles office of National Labor Relations Board filed a complaint on Thursday against U.S.C.the Pac-12 Conference and the NCAA, alleging that the three joint employers maintained illegal rules by “misclassifying” college athletes in men’s and women’s basketball and football as “student-athletes” rather than employees entitled to protections under national law. Labor Relations Act.
“The conduct of USC, the Pac-12 Conference and the NCAA“, as joint employers, deprives their players of their statutory right to organize and band together to improve their working and playing conditions if they so choose,” the NLRB general counsel said. Jennifer Abruzzo said in a statement. “Our objective is to guarantee that these actors, like workers and others, can fully and freely exercise their rights. »
Abruzzo first made public its position that some college athletes should be classified as employees in September 2021. In February 2022, the executive director of the National College Players Association Ramogi Humaan old UCLA American football player, filed suit against USC, the Pac-12 and the NCAA, alleging unfair labor practices.
Huma filed the same charge against UCLA, the Pac-12 and the NCAA as joint employers, but the NCPA dropped the charge, focusing on USC. For now, any NLRB decision would only apply to private schools, which fall under the board’s jurisdiction.
If the NLRB ultimately rules that some USC college athletes are employees, the impact will be felt across all Football Bowl Subdivision schools, public or private, confirming a dramatic shift toward athletes with rights going to the beyond the use of their name. , image and likeness and being able to directly share the ever-increasing revenues of their industry.
“The General Counsel seeks an order requiring Defendants to cease misclassifying the Players as non-employee ‘student-athletes,’” the complaint states, “and to reclassify the Players as employees rather than ‘student-athletes’. -athletes” in their files. including, but not limited to, their manuals and rules, and inform all current players that they have done so.
USC football players run onto the field before the 2020 Pac-12 title game against Oregon at the Coliseum.
(Ashley Landis / Associated Press)
The complaint filed Thursday makes it official that the Los Angeles region of the NLRB will litigate the case and that a hearing with an administrative law judge is scheduled for Nov. 7 in Los Angeles. The judge could order reparations in favor of the athletes. Joint employers would likely appeal such a decision to the NLRB, which would then decide whether or not the charged parties are employers.
USC, the Pac-12 and the NCAA would be able to appeal the NLRB’s decision to a federal appeals court, beginning a legal process that could end up in the Supreme Court.
“FBS football players and NCAA Division I men’s and women’s basketball players, the majority of whom are Black, are physically and economically exploited by NCAA sports,” Huma said in a statement. “One of the reasons this injustice continues to plague all athletes in these sports nationwide is because NCAA sports have denied them their rights under labor law. This process will prove that these athletes are employees under labor law and entitled to all the rights and protections afforded to other employees in America. The NCPA will continue to fight to ensure that college athletes have equal rights.
USC, the Pac-12 and the NCAA have until June 1 to file a response to the complaint.
“While disappointing, this complaint is neither new nor surprising; it simply perpetuates a position that the National Labor Relations Board wrongly took several months ago and which would significantly harm the educational experiences of our student-athletes,” USC responded in a statement. “Now that the complaint has finally been filed, the next step in the process is an actual hearing, during which USC looks forward to presenting the complete facts about its athletic programs. These facts, along with 75 years of precedent, establish that our student-athletes – including those on our football and basketball teams – are not employees.
“USC is extremely proud of the unparalleled educational achievements of its student-athletes. In 2022, USC student-athletes achieved a 93% graduation success rate, an all-time high for the ninth consecutive year. More than half of USC’s athletic teams have achieved a 100% passing rate, including men’s and women’s basketball.
“USC is also proud of the resources and support it provides to its student-athletes to help them learn skills that will serve them throughout their lives through their athletic pursuits. This support includes millions of dollars per year in athletics-related financial aid across all 21 of its intercollegiate teams, millions of dollars per year in the form of professional development to support their future in the workplace, tutoring, nutrition, mentoring, academic support and leadership. opportunities. We also operate the largest integrated sports psychology and mental health program of any athletic department in the country, offered to all of our student-athletes, as well as comprehensive medical services. This support enriches their educational experience and allows them to acquire skills that promote success in life and work.
