NLRB Rules Dartmouth Men’s Basketball Players Employees, Eligible to Unionize

The National Labor Relations Board (NLRB) issued a historic ruling on Monday that declared Dartmouth’s men’s basketball team to be employees, therefore making them eligible to unionize.

In the 26-page decision, the NLRB said that since the players perform their work for compensation from the university, they can be labeled employees under U.S. labor law.

“Because Dartmouth has the right to control the work performed by the Dartmouth men’s basketball team, and the players perform that work in exchange for compensation, I find that the petitioned-for basketball players are employees within the meaning of the [National Labor Relations] Act,” it said. “Additionally, I find that asserting jurisdiction would not create instability in labor relations.”

“Accordingly, I shall direct an election in the petitioned-for unit,” it added.

As noted by Front Office Sports, a local chapter of the Service Employees International Union (SEIU) filed the case in September 2023, followed by witness testimony from players in October.

“The ruling touched on several common themes considered during the hearing, including the amount of control Dartmouth exerts over athletes and the compensation they receive—even if not monetary—that constitutes them as employees,” noted the outlet.

“Ivy League athletes do not receive athletic scholarships like other members of Division I programs. However, the NLRB regional director found that the other forms of compensation they received, like apparel, were enough. The lack of profitability also did not appear to be a deterrent from the NLRB declaring the players employees,” it added.

A Dartmouth spokesperson said that the university will appeal the ruling, asserting that Dartmouth’s athletic program costs far more than it profits compared to other universities.

“Unlike other institutions where athletics generates millions of dollars in net revenue, the costs of Dartmouth’s athletics program far exceed any revenue from the program–costs that Dartmouth bears as part of our participation in the Ivy League,” the school said. “We also do not compensate our athletes, nor do we provide athletic scholarships; all scholarships are based on financial need.”

A spokesperson for the NCAA said that the organization is currently “in the process of reviewing the [NLRB] decision and its potential impact on all schools and student-athletes.”

Paul Roland Bois directed the award-winning feature film, EXEMPLUM, which can be viewed for FREE on YouTube or Tubi. “Better than Killers of the Flower Moon,” wrote Mark Judge. “You haven’t seen a story like this before,” wrote Christian Toto. A high-quality, ad-free stream can also be purchased on Google Play or Vimeo on Demand. Follow him on Twitter @prolandfilms or Instagram @prolandfilms.