College Athlete Right to Organize Act
This bill, the College Athlete Right to Organize Act, would change the legal status of college athletes by making them employees who can form and join collective bargaining units to negotiate terms and conditions of their labor. It amends the National Labor Relations Act (NLRA) to treat certain college athletes as employees of their colleges or universities (including public institutions) when they receive direct compensation (grant-in-aid) and are required to participate in a sport. It also extends NLRA coverage to private and public institutions of higher education in the context of intercollegiate sports, allowing athletes within intercollegiate conferences to bargain collectively, with specific rules for multiemployer bargaining units within a conference. The bill excludes the NCAA from being treated as the bargaining entity and requires that waivers cannot undermine these rights. The overall aim is to address what the sponsors see as exploitation and unequal bargaining power in college sports by permitting unionization and standardized terms across conferences and institutions.
Key Points
- 1Extends National Labor Relations Act coverage to college athletes who are compensated (grant-in-aid) and required to participate in intercollegiate sports, deeming them employees of their institutions (including public colleges and universities).
- 2Defines core terms for applicability, including grant-in-aid, institution of higher education, intercollegiate athletic conference (excluding the NCAA), and college athlete employee.
- 3Allows multiemployer bargaining units within an intercollegiate conference, but only with the consent of the employee representatives at the participating institutions.
- 4Grants the National Labor Relations Board jurisdiction over all collective bargaining matters involving college athlete employees at institutions of higher education, including representation and bargaining unit issues.
- 5Prohibits any waivers or settlements that would bypass or undermine the rights created by this Act; also provides tax and federal aid considerations to avoid unintended changes in treatment of compensation or income.