The National Labor Relations Board (NLRB) has scheduled an April 25 union representation vote for Northwestern University football players.
Spokespersons in both the Chicago and Washington, D.C., NLRB offices confirmed that the April 25 date has been set but didn’t have more information such as which players will be eligible to vote and when results will be known.
On March 26, Peter Sung Ohr, Region 13 director of the NLRB, ruled that scholarship football players at the university are entitled to vote on union representation. Ohr said that the players fit the definition of “employees” under Section 2(3) of the National Labor Relations Act (NLRA).
It’s possible that the election will be delayed. Even though the university is challenging the regional director’s decision, the NLRA’s regulations don’t require a stay, according to Kevin McCormick, editor of Maryland Employment Law Letter and chair of the labor and employment section at the Baltimore law firm of Whiteford, Taylor & Preston. Northwestern’s window to appeal the regional director’s decision is still open, he said.
After the March 26 ruling, the Evanston, Illinois, university announced that it would appeal to the full NLRB. The university released a statement saying, “Northwestern considers its students who participate in NCAA Division I sports, including those who receive athletic scholarships, to be students, first and foremost.”
Under the NLRA’s regulations, McCormick said, the Board doesn’t have to stay the election. It may want to weigh in because of the novel issue, but it could take the position not to stay the election and consider the issue later if the union wins and the university challenges.
McCormick said that if the election goes on as scheduled and the players vote to unionize, the university would be obligated to bargain with the union. At that point, the university could challenge the appropriateness of the bargaining unit. Eventually, the issue could get into the appellate court system. From there, it could go to the U.S. Supreme Court.
In the election, the players will decide whether to organize under the College Athletes Players Association (CAPA). CAPA, with help from the United Steelworkers, pushed the unionization effort that culminated in the regional director’s decision.