- Associated Press - Wednesday, March 26, 2014

CHICAGO — In a stunning ruling that could revolutionize college sports, a federal agency said Wednesday that football players at Northwestern University can create the nation’s first union of college athletes.

The decision by a regional director of the National Labor Relations Board answered the question at the heart of the debate over the unionization bid: Do football players who receive full scholarships to the Big Ten school qualify as employees under federal law and therefore can legally unionize?

Peter Sung Ohr, the NLRB regional director, said in a 24-page decision that the players “fall squarely” within the broad definition of employee.

Pro-union activists cheered as they learned of the ruling.

“It’s like preparing so long for a big game and then when you win — it is pure joy,” said former UCLA linebacker Ramogi Huma, the designated president of Northwestern’s would-be football players’ union.

An employee is regarded by law as someone who, among other things, receives compensation for a service and is under the strict, direct control of managers. In the case of the Northwestern players, coaches are the managers and scholarships are a form of compensation, Ohr concluded.

The Evanston, Ill., university argued that college athletes, as students, do not fit in the same category as factory workers, truck drivers and other unionized workers. The school announced plans to appeal to labor authorities in Washington, D.C.

Supporters of the union bid argued that the university ultimately treats football as more important than academics for scholarship players. Ohr sided with the players on that issue.

“The record makes clear that the employer’s scholarship players are identified and recruited in the first instance because of their football prowess and not because of their academic achievement in high school,” Ohr wrote. He also noted that among the evidence presented by Northwestern, “no examples were provided of scholarship players being permitted to miss entire practices and/or games to attend their studies.”

The ruling also described how the life of a football player at Northwestern is far more regimented than that of a typical student, down to requirements about what they can and can’t eat and whether they can live off campus or purchase a car. At times, players put 50 or 60 hours a week into football, he added.

Alan Cubbage, Northwestern’s vice president for university relations, said in a statement that while the school respects “the NLRB process and the regional director’s opinion, we disagree with it.”

The next step would be for scholarship players to vote on whether to formally authorize the College Athletes Players Association, or CAPA, to represent them, according to the NLRB decision.

The specific goals of CAPA include guaranteeing coverage of sports-related medical expenses for current and former players, reducing head injuries and potentially letting players pursue commercial sponsorships.

But critics have argued that giving college athletes employee status and allowing them to unionize could hurt college sports in numerous ways, including raising the prospect of strikes by disgruntled players or lockouts by athletic departments.

For now, the push is to unionize athletes at private schools, such as Northwestern, because the federal labor agency does not have jurisdiction over public universities.

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