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Game Changers: NLRB says Dartmouth College Men's Basketball Players Are Employees of the University

“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.”

On February 5, 2024, a regional official of National Labor Relations Board ruled that the basketball players should indeed be recognized as employees of the university. This ruling paves the way for an election that could establish the first-ever labor union for NCAA athletes. The regional official’s decision was based on the premise that the basketball program benefits Dartmouth, Dartmouth exerts control over the work performed by the basketball players, and that the basketball players receive compensation for their services, thus meeting the criteria for employee status under the National Labor Relations Act, which only governs private employers.

Benefits to Dartmouth

In its argument to the NLRB that the basketball players should not be classified as employees, Dartmouth focused on the fact that the basketball program has operated at a loss for the past five years. The regional director did not agree with Dartmouth’s argument that the basketball players are not employees because the program loses money. The regional official held that, as with any other business, “the profitability…does not affect the employee status of the individuals who perform work for that business.” Instead, the regional official considered that the “the basketball program clearly generates alumni engagement—and financial donations—as well as publicity which leads to student interest and applications” and that Dartmouth’s “Athletic Department has its own business office, fundraising department, marketing department, and brand management department to handle the revenues and publicity generated by Division I intercollegiate athletics.”

Control over Basketball Players

The regional official determined that Dartmouth exerts significant control over the basketball players’ work through the following means:

  • The players are required to provide their basketball services to Dartmouth only.
  • The Student-Athlete Handbook in many ways functions as an employee handbook, detailing the tasks athletes must complete and the regulations they may not break.
  • Dartmouth determines when the players will practice and play, as well as when they will review film, engage with alumni, or take part in other team-related activities.
  • When the basketball team participates in away games, Dartmouth determines when and where the players will travel, eat, and sleep. Special permission is required for a player to even get a haircut during a trip.

Compensation

The regional director concluded that the basketball players are compensated for their work through the following methods:

  • Players benefit from “early read” for admission prior to graduating high school, an Ivy League rule that allows member institutions to provide recruited athletes with an estimate of their financial aid in January of their junior year in high school. While a player will not get an athletic scholarship, a player who chooses Dartmouth will receive as much financial aid as his family requires, up to and including the full cost of attending Dartmouth.
  • Each year, each player receives six pairs of basketball shoes (valued at $1,200); lifting shoes; travel shoes; a backpack; a duffel bag; unlimited socks; three hoodies; a zip sweatshirt; a quarter-zip shirt; two pairs of athletic pants; compression undergarments; a long-sleeved shirt; approximately ten short sleeved shirts; a windbreaker; three pairs of shorts; and showering shoes. Every other year, the players also receive a Nike parka with Dartmouth’s logo; a Nike hat with Dartmouth’s logo; Nike Dartmouth polos; practice gear; and a large travel bag. The players estimate that in 2023, the equipment was valued at $44,242 or approximately $2,950 per player.
  • Each player receives four tickets for each home game and two tickets for each away game which have an estimated value of $1,200 over the course of a 30-game season.
  • Dartmouth pays for all travel, lodging, and meals required for away games.
  • Dartmouth provides room and board and parking for each player during the six-week break from mid-November until early January.
  • The players receive other fringe benefits, including academic support, career development, sports and counseling psychology, sports nutrition, leadership and mental performance training, strength and conditioning training, sports medicine, and integrative health and wellness.

What’s Next?

Dartmouth can appeal the regional official’s decision to the National Board. In the meantime, an election can be held, and ballots counted while an appeal is pending.

In 2015 when the NLRB decided not to rule in the Northwestern football team union case, the board did not actively overturn the ruling from the NLRB’s Chicago regional director that the players were Northwestern employees. Instead, the board declined jurisdiction citing the impact a Northwestern union would have on the NCAA as a whole because the board does not have jurisdiction over state-run colleges and universities which constitute 108 of the roughly 125 Football Bowl Subdivision teams.

Will the Board rule the same way again? It could, but because Dartmouth is a member of the Ivy League, in which all eight schools are private and do not grant athletic scholarships, there is a greater likelihood that the ruling may be upheld.

Additionally, still pending before a different NLRB regional officer in California is a complaint that claims football and basketball players at Southern California should be deemed employees not only of the school, but also the Pac-12 Conference and the NCAA. Hearings resume in this case later in February.

We are closely monitoring this, and other legislative and regulatory developments related to the NCAA to assist both institutions and individuals in navigating the ever-evolving NCAA environment.

Game Changers: NLRB says Dartmouth College Men's Basketball Players Are Employees of the University

“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.”

On February 5, 2024, a regional official of National Labor Relations Board ruled that the basketball players should indeed be recognized as employees of the university. This ruling paves the way for an election that could establish the first-ever labor union for NCAA athletes. The regional official’s decision was based on the premise that the basketball program benefits Dartmouth, Dartmouth exerts control over the work performed by the basketball players, and that the basketball players receive compensation for their services, thus meeting the criteria for employee status under the National Labor Relations Act, which only governs private employers.

Benefits to Dartmouth

In its argument to the NLRB that the basketball players should not be classified as employees, Dartmouth focused on the fact that the basketball program has operated at a loss for the past five years. The regional director did not agree with Dartmouth’s argument that the basketball players are not employees because the program loses money. The regional official held that, as with any other business, “the profitability…does not affect the employee status of the individuals who perform work for that business.” Instead, the regional official considered that the “the basketball program clearly generates alumni engagement—and financial donations—as well as publicity which leads to student interest and applications” and that Dartmouth’s “Athletic Department has its own business office, fundraising department, marketing department, and brand management department to handle the revenues and publicity generated by Division I intercollegiate athletics.”

Control over Basketball Players

The regional official determined that Dartmouth exerts significant control over the basketball players’ work through the following means:

  • The players are required to provide their basketball services to Dartmouth only.
  • The Student-Athlete Handbook in many ways functions as an employee handbook, detailing the tasks athletes must complete and the regulations they may not break.
  • Dartmouth determines when the players will practice and play, as well as when they will review film, engage with alumni, or take part in other team-related activities.
  • When the basketball team participates in away games, Dartmouth determines when and where the players will travel, eat, and sleep. Special permission is required for a player to even get a haircut during a trip.

Compensation

The regional director concluded that the basketball players are compensated for their work through the following methods:

  • Players benefit from “early read” for admission prior to graduating high school, an Ivy League rule that allows member institutions to provide recruited athletes with an estimate of their financial aid in January of their junior year in high school. While a player will not get an athletic scholarship, a player who chooses Dartmouth will receive as much financial aid as his family requires, up to and including the full cost of attending Dartmouth.
  • Each year, each player receives six pairs of basketball shoes (valued at $1,200); lifting shoes; travel shoes; a backpack; a duffel bag; unlimited socks; three hoodies; a zip sweatshirt; a quarter-zip shirt; two pairs of athletic pants; compression undergarments; a long-sleeved shirt; approximately ten short sleeved shirts; a windbreaker; three pairs of shorts; and showering shoes. Every other year, the players also receive a Nike parka with Dartmouth’s logo; a Nike hat with Dartmouth’s logo; Nike Dartmouth polos; practice gear; and a large travel bag. The players estimate that in 2023, the equipment was valued at $44,242 or approximately $2,950 per player.
  • Each player receives four tickets for each home game and two tickets for each away game which have an estimated value of $1,200 over the course of a 30-game season.
  • Dartmouth pays for all travel, lodging, and meals required for away games.
  • Dartmouth provides room and board and parking for each player during the six-week break from mid-November until early January.
  • The players receive other fringe benefits, including academic support, career development, sports and counseling psychology, sports nutrition, leadership and mental performance training, strength and conditioning training, sports medicine, and integrative health and wellness.

What’s Next?

Dartmouth can appeal the regional official’s decision to the National Board. In the meantime, an election can be held, and ballots counted while an appeal is pending.

In 2015 when the NLRB decided not to rule in the Northwestern football team union case, the board did not actively overturn the ruling from the NLRB’s Chicago regional director that the players were Northwestern employees. Instead, the board declined jurisdiction citing the impact a Northwestern union would have on the NCAA as a whole because the board does not have jurisdiction over state-run colleges and universities which constitute 108 of the roughly 125 Football Bowl Subdivision teams.

Will the Board rule the same way again? It could, but because Dartmouth is a member of the Ivy League, in which all eight schools are private and do not grant athletic scholarships, there is a greater likelihood that the ruling may be upheld.

Additionally, still pending before a different NLRB regional officer in California is a complaint that claims football and basketball players at Southern California should be deemed employees not only of the school, but also the Pac-12 Conference and the NCAA. Hearings resume in this case later in February.

We are closely monitoring this, and other legislative and regulatory developments related to the NCAA to assist both institutions and individuals in navigating the ever-evolving NCAA environment.

Game Changers: NLRB says Dartmouth College Men's Basketball Players Are Employees of the University

“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.”

On February 5, 2024, a regional official of National Labor Relations Board ruled that the basketball players should indeed be recognized as employees of the university. This ruling paves the way for an election that could establish the first-ever labor union for NCAA athletes. The regional official’s decision was based on the premise that the basketball program benefits Dartmouth, Dartmouth exerts control over the work performed by the basketball players, and that the basketball players receive compensation for their services, thus meeting the criteria for employee status under the National Labor Relations Act, which only governs private employers.

Benefits to Dartmouth

In its argument to the NLRB that the basketball players should not be classified as employees, Dartmouth focused on the fact that the basketball program has operated at a loss for the past five years. The regional director did not agree with Dartmouth’s argument that the basketball players are not employees because the program loses money. The regional official held that, as with any other business, “the profitability…does not affect the employee status of the individuals who perform work for that business.” Instead, the regional official considered that the “the basketball program clearly generates alumni engagement—and financial donations—as well as publicity which leads to student interest and applications” and that Dartmouth’s “Athletic Department has its own business office, fundraising department, marketing department, and brand management department to handle the revenues and publicity generated by Division I intercollegiate athletics.”

Control over Basketball Players

The regional official determined that Dartmouth exerts significant control over the basketball players’ work through the following means:

  • The players are required to provide their basketball services to Dartmouth only.
  • The Student-Athlete Handbook in many ways functions as an employee handbook, detailing the tasks athletes must complete and the regulations they may not break.
  • Dartmouth determines when the players will practice and play, as well as when they will review film, engage with alumni, or take part in other team-related activities.
  • When the basketball team participates in away games, Dartmouth determines when and where the players will travel, eat, and sleep. Special permission is required for a player to even get a haircut during a trip.

Compensation

The regional director concluded that the basketball players are compensated for their work through the following methods:

  • Players benefit from “early read” for admission prior to graduating high school, an Ivy League rule that allows member institutions to provide recruited athletes with an estimate of their financial aid in January of their junior year in high school. While a player will not get an athletic scholarship, a player who chooses Dartmouth will receive as much financial aid as his family requires, up to and including the full cost of attending Dartmouth.
  • Each year, each player receives six pairs of basketball shoes (valued at $1,200); lifting shoes; travel shoes; a backpack; a duffel bag; unlimited socks; three hoodies; a zip sweatshirt; a quarter-zip shirt; two pairs of athletic pants; compression undergarments; a long-sleeved shirt; approximately ten short sleeved shirts; a windbreaker; three pairs of shorts; and showering shoes. Every other year, the players also receive a Nike parka with Dartmouth’s logo; a Nike hat with Dartmouth’s logo; Nike Dartmouth polos; practice gear; and a large travel bag. The players estimate that in 2023, the equipment was valued at $44,242 or approximately $2,950 per player.
  • Each player receives four tickets for each home game and two tickets for each away game which have an estimated value of $1,200 over the course of a 30-game season.
  • Dartmouth pays for all travel, lodging, and meals required for away games.
  • Dartmouth provides room and board and parking for each player during the six-week break from mid-November until early January.
  • The players receive other fringe benefits, including academic support, career development, sports and counseling psychology, sports nutrition, leadership and mental performance training, strength and conditioning training, sports medicine, and integrative health and wellness.

What’s Next?

Dartmouth can appeal the regional official’s decision to the National Board. In the meantime, an election can be held, and ballots counted while an appeal is pending.

In 2015 when the NLRB decided not to rule in the Northwestern football team union case, the board did not actively overturn the ruling from the NLRB’s Chicago regional director that the players were Northwestern employees. Instead, the board declined jurisdiction citing the impact a Northwestern union would have on the NCAA as a whole because the board does not have jurisdiction over state-run colleges and universities which constitute 108 of the roughly 125 Football Bowl Subdivision teams.

Will the Board rule the same way again? It could, but because Dartmouth is a member of the Ivy League, in which all eight schools are private and do not grant athletic scholarships, there is a greater likelihood that the ruling may be upheld.

Additionally, still pending before a different NLRB regional officer in California is a complaint that claims football and basketball players at Southern California should be deemed employees not only of the school, but also the Pac-12 Conference and the NCAA. Hearings resume in this case later in February.

We are closely monitoring this, and other legislative and regulatory developments related to the NCAA to assist both institutions and individuals in navigating the ever-evolving NCAA environment.

Game Changers: NLRB says Dartmouth College Men's Basketball Players Are Employees of the University

“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.”

On February 5, 2024, a regional official of National Labor Relations Board ruled that the basketball players should indeed be recognized as employees of the university. This ruling paves the way for an election that could establish the first-ever labor union for NCAA athletes. The regional official’s decision was based on the premise that the basketball program benefits Dartmouth, Dartmouth exerts control over the work performed by the basketball players, and that the basketball players receive compensation for their services, thus meeting the criteria for employee status under the National Labor Relations Act, which only governs private employers.

Benefits to Dartmouth

In its argument to the NLRB that the basketball players should not be classified as employees, Dartmouth focused on the fact that the basketball program has operated at a loss for the past five years. The regional director did not agree with Dartmouth’s argument that the basketball players are not employees because the program loses money. The regional official held that, as with any other business, “the profitability…does not affect the employee status of the individuals who perform work for that business.” Instead, the regional official considered that the “the basketball program clearly generates alumni engagement—and financial donations—as well as publicity which leads to student interest and applications” and that Dartmouth’s “Athletic Department has its own business office, fundraising department, marketing department, and brand management department to handle the revenues and publicity generated by Division I intercollegiate athletics.”

Control over Basketball Players

The regional official determined that Dartmouth exerts significant control over the basketball players’ work through the following means:

  • The players are required to provide their basketball services to Dartmouth only.
  • The Student-Athlete Handbook in many ways functions as an employee handbook, detailing the tasks athletes must complete and the regulations they may not break.
  • Dartmouth determines when the players will practice and play, as well as when they will review film, engage with alumni, or take part in other team-related activities.
  • When the basketball team participates in away games, Dartmouth determines when and where the players will travel, eat, and sleep. Special permission is required for a player to even get a haircut during a trip.

Compensation

The regional director concluded that the basketball players are compensated for their work through the following methods:

  • Players benefit from “early read” for admission prior to graduating high school, an Ivy League rule that allows member institutions to provide recruited athletes with an estimate of their financial aid in January of their junior year in high school. While a player will not get an athletic scholarship, a player who chooses Dartmouth will receive as much financial aid as his family requires, up to and including the full cost of attending Dartmouth.
  • Each year, each player receives six pairs of basketball shoes (valued at $1,200); lifting shoes; travel shoes; a backpack; a duffel bag; unlimited socks; three hoodies; a zip sweatshirt; a quarter-zip shirt; two pairs of athletic pants; compression undergarments; a long-sleeved shirt; approximately ten short sleeved shirts; a windbreaker; three pairs of shorts; and showering shoes. Every other year, the players also receive a Nike parka with Dartmouth’s logo; a Nike hat with Dartmouth’s logo; Nike Dartmouth polos; practice gear; and a large travel bag. The players estimate that in 2023, the equipment was valued at $44,242 or approximately $2,950 per player.
  • Each player receives four tickets for each home game and two tickets for each away game which have an estimated value of $1,200 over the course of a 30-game season.
  • Dartmouth pays for all travel, lodging, and meals required for away games.
  • Dartmouth provides room and board and parking for each player during the six-week break from mid-November until early January.
  • The players receive other fringe benefits, including academic support, career development, sports and counseling psychology, sports nutrition, leadership and mental performance training, strength and conditioning training, sports medicine, and integrative health and wellness.

What’s Next?

Dartmouth can appeal the regional official’s decision to the National Board. In the meantime, an election can be held, and ballots counted while an appeal is pending.

In 2015 when the NLRB decided not to rule in the Northwestern football team union case, the board did not actively overturn the ruling from the NLRB’s Chicago regional director that the players were Northwestern employees. Instead, the board declined jurisdiction citing the impact a Northwestern union would have on the NCAA as a whole because the board does not have jurisdiction over state-run colleges and universities which constitute 108 of the roughly 125 Football Bowl Subdivision teams.

Will the Board rule the same way again? It could, but because Dartmouth is a member of the Ivy League, in which all eight schools are private and do not grant athletic scholarships, there is a greater likelihood that the ruling may be upheld.

Additionally, still pending before a different NLRB regional officer in California is a complaint that claims football and basketball players at Southern California should be deemed employees not only of the school, but also the Pac-12 Conference and the NCAA. Hearings resume in this case later in February.

We are closely monitoring this, and other legislative and regulatory developments related to the NCAA to assist both institutions and individuals in navigating the ever-evolving NCAA environment.

Game Changers: NLRB says Dartmouth College Men's Basketball Players Are Employees of the University

“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.”

On February 5, 2024, a regional official of National Labor Relations Board ruled that the basketball players should indeed be recognized as employees of the university. This ruling paves the way for an election that could establish the first-ever labor union for NCAA athletes. The regional official’s decision was based on the premise that the basketball program benefits Dartmouth, Dartmouth exerts control over the work performed by the basketball players, and that the basketball players receive compensation for their services, thus meeting the criteria for employee status under the National Labor Relations Act, which only governs private employers.

Benefits to Dartmouth

In its argument to the NLRB that the basketball players should not be classified as employees, Dartmouth focused on the fact that the basketball program has operated at a loss for the past five years. The regional director did not agree with Dartmouth’s argument that the basketball players are not employees because the program loses money. The regional official held that, as with any other business, “the profitability…does not affect the employee status of the individuals who perform work for that business.” Instead, the regional official considered that the “the basketball program clearly generates alumni engagement—and financial donations—as well as publicity which leads to student interest and applications” and that Dartmouth’s “Athletic Department has its own business office, fundraising department, marketing department, and brand management department to handle the revenues and publicity generated by Division I intercollegiate athletics.”

Control over Basketball Players

The regional official determined that Dartmouth exerts significant control over the basketball players’ work through the following means:

  • The players are required to provide their basketball services to Dartmouth only.
  • The Student-Athlete Handbook in many ways functions as an employee handbook, detailing the tasks athletes must complete and the regulations they may not break.
  • Dartmouth determines when the players will practice and play, as well as when they will review film, engage with alumni, or take part in other team-related activities.
  • When the basketball team participates in away games, Dartmouth determines when and where the players will travel, eat, and sleep. Special permission is required for a player to even get a haircut during a trip.

Compensation

The regional director concluded that the basketball players are compensated for their work through the following methods:

  • Players benefit from “early read” for admission prior to graduating high school, an Ivy League rule that allows member institutions to provide recruited athletes with an estimate of their financial aid in January of their junior year in high school. While a player will not get an athletic scholarship, a player who chooses Dartmouth will receive as much financial aid as his family requires, up to and including the full cost of attending Dartmouth.
  • Each year, each player receives six pairs of basketball shoes (valued at $1,200); lifting shoes; travel shoes; a backpack; a duffel bag; unlimited socks; three hoodies; a zip sweatshirt; a quarter-zip shirt; two pairs of athletic pants; compression undergarments; a long-sleeved shirt; approximately ten short sleeved shirts; a windbreaker; three pairs of shorts; and showering shoes. Every other year, the players also receive a Nike parka with Dartmouth’s logo; a Nike hat with Dartmouth’s logo; Nike Dartmouth polos; practice gear; and a large travel bag. The players estimate that in 2023, the equipment was valued at $44,242 or approximately $2,950 per player.
  • Each player receives four tickets for each home game and two tickets for each away game which have an estimated value of $1,200 over the course of a 30-game season.
  • Dartmouth pays for all travel, lodging, and meals required for away games.
  • Dartmouth provides room and board and parking for each player during the six-week break from mid-November until early January.
  • The players receive other fringe benefits, including academic support, career development, sports and counseling psychology, sports nutrition, leadership and mental performance training, strength and conditioning training, sports medicine, and integrative health and wellness.

What’s Next?

Dartmouth can appeal the regional official’s decision to the National Board. In the meantime, an election can be held, and ballots counted while an appeal is pending.

In 2015 when the NLRB decided not to rule in the Northwestern football team union case, the board did not actively overturn the ruling from the NLRB’s Chicago regional director that the players were Northwestern employees. Instead, the board declined jurisdiction citing the impact a Northwestern union would have on the NCAA as a whole because the board does not have jurisdiction over state-run colleges and universities which constitute 108 of the roughly 125 Football Bowl Subdivision teams.

Will the Board rule the same way again? It could, but because Dartmouth is a member of the Ivy League, in which all eight schools are private and do not grant athletic scholarships, there is a greater likelihood that the ruling may be upheld.

Additionally, still pending before a different NLRB regional officer in California is a complaint that claims football and basketball players at Southern California should be deemed employees not only of the school, but also the Pac-12 Conference and the NCAA. Hearings resume in this case later in February.

We are closely monitoring this, and other legislative and regulatory developments related to the NCAA to assist both institutions and individuals in navigating the ever-evolving NCAA environment.

Game Changers: NLRB says Dartmouth College Men's Basketball Players Are Employees of the University

“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.”

On February 5, 2024, a regional official of National Labor Relations Board ruled that the basketball players should indeed be recognized as employees of the university. This ruling paves the way for an election that could establish the first-ever labor union for NCAA athletes. The regional official’s decision was based on the premise that the basketball program benefits Dartmouth, Dartmouth exerts control over the work performed by the basketball players, and that the basketball players receive compensation for their services, thus meeting the criteria for employee status under the National Labor Relations Act, which only governs private employers.

Benefits to Dartmouth

In its argument to the NLRB that the basketball players should not be classified as employees, Dartmouth focused on the fact that the basketball program has operated at a loss for the past five years. The regional director did not agree with Dartmouth’s argument that the basketball players are not employees because the program loses money. The regional official held that, as with any other business, “the profitability…does not affect the employee status of the individuals who perform work for that business.” Instead, the regional official considered that the “the basketball program clearly generates alumni engagement—and financial donations—as well as publicity which leads to student interest and applications” and that Dartmouth’s “Athletic Department has its own business office, fundraising department, marketing department, and brand management department to handle the revenues and publicity generated by Division I intercollegiate athletics.”

Control over Basketball Players

The regional official determined that Dartmouth exerts significant control over the basketball players’ work through the following means:

  • The players are required to provide their basketball services to Dartmouth only.
  • The Student-Athlete Handbook in many ways functions as an employee handbook, detailing the tasks athletes must complete and the regulations they may not break.
  • Dartmouth determines when the players will practice and play, as well as when they will review film, engage with alumni, or take part in other team-related activities.
  • When the basketball team participates in away games, Dartmouth determines when and where the players will travel, eat, and sleep. Special permission is required for a player to even get a haircut during a trip.

Compensation

The regional director concluded that the basketball players are compensated for their work through the following methods:

  • Players benefit from “early read” for admission prior to graduating high school, an Ivy League rule that allows member institutions to provide recruited athletes with an estimate of their financial aid in January of their junior year in high school. While a player will not get an athletic scholarship, a player who chooses Dartmouth will receive as much financial aid as his family requires, up to and including the full cost of attending Dartmouth.
  • Each year, each player receives six pairs of basketball shoes (valued at $1,200); lifting shoes; travel shoes; a backpack; a duffel bag; unlimited socks; three hoodies; a zip sweatshirt; a quarter-zip shirt; two pairs of athletic pants; compression undergarments; a long-sleeved shirt; approximately ten short sleeved shirts; a windbreaker; three pairs of shorts; and showering shoes. Every other year, the players also receive a Nike parka with Dartmouth’s logo; a Nike hat with Dartmouth’s logo; Nike Dartmouth polos; practice gear; and a large travel bag. The players estimate that in 2023, the equipment was valued at $44,242 or approximately $2,950 per player.
  • Each player receives four tickets for each home game and two tickets for each away game which have an estimated value of $1,200 over the course of a 30-game season.
  • Dartmouth pays for all travel, lodging, and meals required for away games.
  • Dartmouth provides room and board and parking for each player during the six-week break from mid-November until early January.
  • The players receive other fringe benefits, including academic support, career development, sports and counseling psychology, sports nutrition, leadership and mental performance training, strength and conditioning training, sports medicine, and integrative health and wellness.

What’s Next?

Dartmouth can appeal the regional official’s decision to the National Board. In the meantime, an election can be held, and ballots counted while an appeal is pending.

In 2015 when the NLRB decided not to rule in the Northwestern football team union case, the board did not actively overturn the ruling from the NLRB’s Chicago regional director that the players were Northwestern employees. Instead, the board declined jurisdiction citing the impact a Northwestern union would have on the NCAA as a whole because the board does not have jurisdiction over state-run colleges and universities which constitute 108 of the roughly 125 Football Bowl Subdivision teams.

Will the Board rule the same way again? It could, but because Dartmouth is a member of the Ivy League, in which all eight schools are private and do not grant athletic scholarships, there is a greater likelihood that the ruling may be upheld.

Additionally, still pending before a different NLRB regional officer in California is a complaint that claims football and basketball players at Southern California should be deemed employees not only of the school, but also the Pac-12 Conference and the NCAA. Hearings resume in this case later in February.

We are closely monitoring this, and other legislative and regulatory developments related to the NCAA to assist both institutions and individuals in navigating the ever-evolving NCAA environment.