INGLEWOOD, CALIFORNIA – JANUARY 9: College Football Playoff National Championship Trophy … [+]
Under the proposal announced this week through a letter submitted by NCAA President Charlie Baker, athletes would be paid an unlimited amount of money by their schools. In the letter, Baker gave schools the discretion to create a new subdivision within Division I and create an NCAA-approved organization to funnel funds to student-athletes “at any level…as they deem appropriate.” I suggest giving.
Professor Baker proposes that schools would be free to enter into NIL contracts directly with student-athletes, whereas active participation by student-athletes was previously prohibited. Baker’s letter also requires certain financial commitments to ensure the protection of women’s sports and female athletes.
Unfortunately, Mr. Baker’s proposal is too little, too late. With recent court and legal proceedings against the NCAA, this genie has reached its limit. The landmark O’Bannon case affirmed the right of student-athletes to have their name image and likeness utilized. Additionally, legal scholars predict that the NCAA will lose pending legal rules. House v NCAA A lawsuit alleging that all NCAA restrictions on student-athletes receiving money should be null and void. The case is It was certified as a class action lawsuit.
There will also be a public hearing in front of you. NLRB Regional Office in Los Angeles Are University of Southern California (USC) student-athletes who participate in revenue-generating sports, football, and basketball employees within the National Labor Relations Act and entitled to minimum wage, Social Security, overtime, and workers’ compensation? and other workplace protections. Once declared employees, student-athletes also have the right to form a union and bargain collectively. The employee test centers on how much control an employer has over the companies providing services and whether those services are key to generating revenue.
If the NCAA loses Baker’s proposal, it will all be null and void.
If the NCAA loses this lawsuit, the implications will be far-reaching. Beyond the NIL, the NCAA would not be able to restrict athletes from receiving any form of compensation for “playing” their respective sports. There is no question that Baker’s proposal would be seen as restrictive, as there are many conditions that must be met before athletes can receive funding from their schools. Additionally, Baker’s proposal would be implemented without regard to any collective bargaining or meaningful student-athlete participation on this issue. If any of these legal challenges are successful, Baker’s proposed system would be abolished, as the system still significantly limits what athletes can be compensated for.
If student-athletes were not prevented from earning compensation and athletes in revenue-generating sports were employees, the impact would be significant. This will threaten the very existence of the NCAA unless it fundamentally changes the services it provides to its member schools.
The NCAA should represent the rights of its member schools in negotiations with student-athletes.
In order to survive and thrive, the NCAA should represent its member schools in negotiations with student-athletes through some form of collective bargaining, whether the athletes form a union or simply form an association for bargaining purposes. be.
In this capacity, the NCAA can provide valuable services to member schools to protect and expand the billions of dollars in revenue generated by NCAA revenue-generating sports. There are various stakeholders at the negotiation table.
- Student-athletes: Participate in different sports depending on the revenue that sport generates. This group will include sports that provide income for women, such as basketball and volleyball.
- Women’s Non-Revenue Sports: Because Title IX mandates that women who participate in non-revenue sports at the collegiate level must be provided with equal access to competition.
- NCAA: Responsible for protecting the economic interests of its members, including educational components.
All athletes are fully free to utilize their NIL rights without restriction unless restricted in any way through collective bargaining (i.e. footwear and apparel worn on the field). College sports are changing before our eyes. Take a moment and enjoy the drive.
