Breaking down the NLRB decision finding Dartmouth men’s basketball players are employees

A National Labor Relations Board director ordered a union election for 15 Dartmouth men’s basketball players Monday in a ruling that found the players are employees of the university.

The result could be the first labor union for NCAA athletes.

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Not just nitpicking over NET-picking

NCAA Senior Vice President of Basketball Dan Gavitt (MIT Sloan Sports Analytics Conference)

Editor’s note: Dan Gavitt is NCAA senior vice president of basketball.

Hey Dan, I’m back. It’s been a few weeks since my last note to you on the repugnant new NIT policy eliminating the automatic bid for mid-major conference champions who do not win their conference tournaments.

I have another request. It’s about that NET thing. Time to scrap it, or at least modify it. It only favors the big boys. You know that. We know that. Everyone knows that.

The biggest problem is the TVI (team value index), which is meant to reward teams for beating quality opponents. How does it work with teams who can’t get quadrant-one and even quadrant-two-type games out of conference, even on the road?

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Not just nitpicking over NIT-picking

Dan Gavitt is NCAA senior vice president of basketball and NIT board chair. (MIT Sloan Sports Analytics Conference)

Editor’s note: Dan Gavitt is the son of the great Dave Gavitt, the driving force behind the creation of the Big East. The younger Gavitt is NIT board chair and NCAA senior vice president of basketball, and he has backed a new NIT policy which eliminates the automatic bid for mid-major conference champions who do not win their conference tournaments.

Dear Dan:

What would your father say?

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A close look at Dartmouth men’s basketball’s unionization effort

Nearly a decade ago, members of the Northwestern football team tried to unionize.

The National Labor Relations Board, an independent federal agency charged with protecting employees’ rights to organize and determining whether to have unions as their bargaining representatives, voted unanimously in Aug. 2015 to decline to assert jurisdiction in the case. The NLRB held that asserting jurisdiction over a single team wouldn’t promote stability in labor relations league-wide, as the NCAA and conference maintain significant control over individual teams.

The NLRB noted the decision applied only to the players in the case and didn’t preclude reconsideration of this issue in the future.

Fast forward to 2021, when the United States Supreme Court decided in a 9-0 ruling that antitrust laws prohibit the NCAA from limiting its Division I schools from offering “education-related compensation or benefits” to student-athletes.

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Inside Ivy Hoops 4-11-23

Ivy Hoops Online editor Mike Tony and IHO writer Rob Browne discuss memorable postseason runs for Princeton men’s and women’s basketball and Columbia and Harvard in the WNIT, the new “Big 5” (really City 6) Classic, the prospect and potential impact of athletic scholarships for Ivy hoopsters and much more:

Uncertainty grows for Ivy League aid after antitrust exemption expires

Congress did something of great significance to Ivy League sports Friday.

It did nothing at all.

Congress allowed a section of the Higher Education Act allowing key antitrust protection for the Ivy League to expire. The expiration increases the Ivy League’s exposure to legal challenges to its refusal to grant academic and athletic scholarships.

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Listen: NCAA’s approach to name, image and likeness and Ivy League antitrust exemption expiration

Ivy Hoops Online contributor and Manhattanville College sports law professor Richard Kent joined Sports Talk with John & Jimmy on 99.1 The Sports Animal WNML-FM 99.1/AM 990 Monday to discuss the NCAA’s name, image and likeness policy approach, the outlook for reform after the Ivy League’s antitrust exemption expires later this year and more:

Decision time for the Ivy League: What the NCAA v. Alston Supreme Court decision means for the Ivy League’s policy of not providing athletic scholarships

Editor’s note: The authors of this article submitted this article to the Ivy League’s eight presidents Monday to share their views and recommendations, eight days after it was published here:

In June 2021, the Supreme Court unanimously decided in NCAA v. Alston that the antitrust laws prohibit the NCAA from limiting in any way its Division I schools from offering “education-related compensation or benefits” to student-athletes (men and women) who play basketball and football.

This means, for example, that the NCAA is barred from preventing any college from giving full tuition, room and board or other education-related benefits — such as tuition for graduate or professional school, textbooks, or internships while in school — to these college athletes. The Supreme Court agreed with the federal district trial court that the NCAA could set standards or definitions of what types of expenditures are “education-related,” including those items just noted. In reaching its decision, the Supreme Court recognized that the antitrust laws exist to ensure and protect competition and to prevent practices that interfere with a student athlete’s right to have schools compete for their services.

As the Supreme Court described the effect of the district court’s finding, “competition among schools would increase in terms of the compensation they would offer to recruits, and student-athlete compensation would be higher as a result … Student-athletes would receive offers that would more closely match the value of their athletic services.”

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What will NCAA NIL policy impact be on Ivy League and its athletes?

The NCAA on July 1 enacted an interim policy allowing college athletes to be compensated for their name, image and likeness (NIL) for the first time with the following guidance:

  • Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities may be a resource for state law questions.
  • College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
  • Individuals can use a professional services provider for NIL activities.
  • Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.

The Ivy League has noted that it has adjusted rules to allow athletes to engage in NIL activity.

But what will the impact of the NCAA’s new NIL policy be on Ivy hoops athletes and the Ivy League itself? Ivy Hoops Online writers weigh in:

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