NLRB's decision about Dartmouth could impact other student‐athletes

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The National Labor Relations Board recently concluded that the members of the Dartmouth University men's basketball team are considered to be employees of the university for the purposes of federal labor law. That conclusion was based on the members of the team performing “work,” that the university “controlled the work,” and that the work was done in exchange for “compensation.” As a result of that decision, the NLRB determined that the team members are eligible to vote in an election to decide if they want a union to represent them. If the majority of the team votes in favor of union representation, the union could then negotiate with the university on all terms and conditions of employment, including compensation and benefits.