Student Union Takes on a Whole New Definition

In a memo issued on September 29, 2021, the National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum which provided guidance regarding her position on student athletes. In the memo, Abruzzo indicates that student athletes may be considered employees under the National Labor Relations Act, which, in turn, would entitle them to the protections of the Act, including, but not limited to, the ability to unionize.

The memo states as follows: “Players at Academic Institutions perform services for institutions in return for compensation and subject to their control.  Thus, the broad language of Section 2(3) of the Act, the policies underlying the NLRA, Board law, and the common law fully support the conclusion that certain Players at Academic Institutions are statutory employees, who have the right to act collectively to improve their terms and conditions of employment. My intent in issuing this memo is to help educate the public, especially Players at Academic Institutions, colleges and universities, athletic conferences, and the NCAA, about the legal position that I will be taking regarding employee status and misclassification in appropriate cases.” 

This memo follows the trend for Ms. Abruzzo who, in a prior memo, indicated that a significant number of Trump era Board decisions which were “pro-employer” would be reviewed. Educational institutions must be mindful of this potential shift and how they handle student athletes. Employers, as a whole, must be aware of the potential changes to Board precedent as it will impact their current policies and procedures, which may be deemed unlawful under the new administration.

For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on key labor and employment developments that affect your workplace, subscribe to our blog and follow us on social media.