College Athlete Right to Organize Act
The College Athlete Right to Organize Act would fundamentally change how college athletes are treated under U.S. labor law. By amending the National Labor Relations Act (NLRA), it would declare certain college athletes to be employees who can form and join labor unions, and it would extend collective bargaining rights to both private and public institutions of higher education that participate in intercollegiate athletics. The bill sets up a framework for bargaining units within intercollegiate conferences, establishes NLRB jurisdiction over representation and labor disputes for college athletes, and prohibits waivers that would circumvent these rights. It also clarifies certain tax and federal financial aid implications to avoid unintended consequences. In practical terms, if enacted, college athletes who receive direct compensation from their schools (including grant-in-aid) and whose compensation terms require participation in sports would be eligible to organize, bargain for terms such as pay, benefits, and working conditions, and have a formal process to negotiate with their institutions and athletic conferences. The bill explicitly allows multiemployer bargaining units within conferences, with consent from the relevant employee-representative bodies. The overall aim is to address what the supporters see as unequal bargaining power and exploitative practices in college athletics.
Key Points
- 1Extends collective bargaining rights to college athletes by amending the National Labor Relations Act to cover college athlete employees at public and private institutions of higher education.
- 2Defines who qualifies as a college athlete employee (an individual who participates in intercollegiate sport for a higher education institution, is enrolled as a student, and receives direct compensation from the institution with terms that require participation).
- 3Creates a framework for bargaining units within intercollegiate athletic conferences and allows multiemployer bargaining units within a conference, but only with consent from the employee representatives at the participating institutions.
- 4Grants the National Labor Relations Board jurisdiction over representation matters and labor disputes involving college athlete employees and higher-ed institutions, including recognizing or establishing bargaining units.
- 5Prohibits waivers or settlements that would exempt individuals or institutions from the Act or its amendments.
- 6Clarifies tax and federal financial aid implications to ensure that new compensation structures do not automatically convert scholarships or other forms of direct compensation into taxable wages or jeopardize federal aid eligibility.
- 7Includes severability provision so that if one part is struck down, the rest remains in effect.