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NLRB calls Dartmouth hoops players employees
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LABOR BOARD REGIONAL OFFICIAL CLEARS WAY FOR DARTMOUTH HOOPS UNION

 * Associated Press

Feb 5, 2024, 05:53 PM ET
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A National Labor Relations Board regional official ruled on Monday that
Dartmouth basketball players are employees of the school, clearing the way for
an election that would create the first labor union for NCAA athletes.

All 15 members of the Dartmouth men's basketball team signed a petition in
September asking to join Local 560 of the Service Employees International Union,
which already represents some other employees at the Ivy League school in
Hanover, New Hampshire.

Unionizing would allow the players to negotiate not only over salary but working
conditions, including practice hours and travel.

"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," NLRB Regional
Director Laura Sacks wrote.

In a statement, Dartmouth basketball player representatives Cade Haskins and
Romeo Myrthil called the ruling "a significant step forward for college
athletes," adding, "we are excited to see how this decision will impact college
sports nationwide." They also announced plans to form the Ivy League Players
Association for basketball players across the league.


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 * NCAA CHANGES: NLRB, LAWSUITS AND MOUNTING LEGAL CHALLENGES
   4DDAN MURPHY

"We believe that other athletes will recognize the opportunities this ruling
presents and will be inspired to follow suit," the statement said. "This
association aims to foster unity, advocate for athletes' rights and well-being,
and create a platform for collaborative decision-making. We look forward to
working with our fellow Ivy League athletes to bring positive change to the
landscape of college sports and the Ivy League."

The NCAA and universities across the country have been steadfast in insisting
their athletes are students, not employees. College sports leaders have even
lobbied Congress for a federal law that would codify that classification as the
NCAA faces a federal lawsuit in Pennsylvania on the subject.

The case is being closely watched, coming at a time when the NCAA's bedrock
amateur athlete model is facing multiple challenges in court.

"It's the first step to potential employee status for college athletes," said
Gabe Feldman, a sports law professor at Tulane.

The school can still appeal the regional director's decision to the national
board, which is what happened when members of the Northwestern football team
held a union election in 2014.

In that case, the ballots were impounded pending a ruling. Now, an election can
be held and ballots counted while an appeal is pending. The Northwestern ballots
were destroyed after the NLRB, which governs only private employers, decided
that allowing the football players at the only private school in the Big Ten to
unionize would skew the labor market in the conference.

In that case, the NLRB did not address the question of whether the players were
employees. All eight Ivy League schools are private and do not grant athletic
scholarships. Feldman said that could increase the likelihood the full board
will uphold the ruling.

"But on the flip side, if Dartmouth men's basketball players are employees, not
only what athletes are not employees, but does this make the music students
employees?" Feldman said. "So this may open the door too far?"

There is a complaint before a different NLRB body in California that claims
football and basketball players at USC should be deemed employees of the school,
the Pac-12 Conference and the NCAA. That hearing resumes this month.

In a 2021 memo, the NLRB's top lawyer said college athletes should be considered
employees.

"The freedom to engage in far-reaching and lucrative business enterprises makes
players at academic institutions much more similar to professional athletes who
are employed by a team to play a sport," NLRB General Counsel Jennifer Abruzzo
wrote.

During a four-day hearing in October, Dartmouth argued that the players
shouldn't be considered employees because athletics are part of the academic
mission of the school, like performing in the orchestra or even playing club
sports.

"At Dartmouth, students' primary objective is learning," school attorney Joe
McConnell said then. "Dartmouth has adopted policies reflecting that students
who participate in intercollegiate athletics are students first and athletes
second."

The college also said the men's basketball program loses money. Attorneys for
the players countered that the school's numbers leave out important and
lucrative revenue streams that the basketball team contributes to. What's more,
the players say it's not whether the team turned a profit: What matters is if
the program brings in revenue, and also whether coaches have control over the
players.

The collegiate sports model based on amateurism is facing numerous legal and
political threats, in addition to the NLRB ruling. The NCAA is facing at least
six antitrust lawsuits, including one brought last week by attorneys general
from Tennessee and Virginia that challenges how recruits can be compensated for
name, image and likeness.



The model has been crumbling, most significantly after a 2021 Supreme Court
ruling that opened college sports up to additional -- though still limited --
kinds of pay. In response, the NCAA loosened rules to permit players to profit
from their celebrity.

"I think they're all different sides to a similar threat," Feldman said. "And
the threat is the loss of control over the ability to restrict compensation to
athletes. And we are closer than we've ever been to a system where college
athletes not only receive significant additional compensation, but also have a
vote in how much compensation they receive."

Major League Baseball Players Association executive director Tony Clark said in
a statement that the ruling shows "college athletes are employees, entitled to
basic rights and fair compensation for their labor that has created a
multibillion-dollar industry."

"Today's landmark NLRB ruling will improve the lives of all college athletes for
generations to come," Clark's statement said. "In the history of the sports
labor movement, change has always been initiated by the courageous efforts of
Players who decided to stand up and demand their fair share."

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 * USE PROFILES TO SELECT PERSONALISED ADVERTISING 473 PARTNERS CAN USE THIS
   PURPOSE
   
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   Advertising presented to you on this service can be based on your advertising
   profiles, which can reflect your activity on this service or other websites
   or apps (like the forms you submit, content you look at), possible interests
   and personal aspects.
   
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 * CREATE PROFILES TO PERSONALISE CONTENT 210 PARTNERS CAN USE THIS PURPOSE
   
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   Information about your activity on this service (for instance, forms you
   submit, non-advertising content you look at) can be stored and combined with
   other information about you (such as your previous activity on this service
   or other websites or apps) or similar users. This is then used to build or
   improve a profile about you (which might for example include possible
   interests and personal aspects). Your profile can be used (also later) to
   present content that appears more relevant based on your possible interests,
   such as by adapting the order in which content is shown to you, so that it is
   even easier for you to find content that matches your interests.
   
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 * USE PROFILES TO SELECT PERSONALISED CONTENT 184 PARTNERS CAN USE THIS PURPOSE
   
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   Content presented to you on this service can be based on your content
   personalisation profiles, which can reflect your activity on this or other
   services (for instance, the forms you submit, content you look at), possible
   interests and personal aspects, such as by adapting the order in which
   content is shown to you, so that it is even easier for you to find
   (non-advertising) content that matches your interests.
   
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 * MEASURE ADVERTISING PERFORMANCE 680 PARTNERS CAN USE THIS PURPOSE
   
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   Information regarding which advertising is presented to you and how you
   interact with it can be used to determine how well an advert has worked for
   you or other users and whether the goals of the advertising were reached. For
   instance, whether you saw an ad, whether you clicked on it, whether it led
   you to buy a product or visit a website, etc. This is very helpful to
   understand the relevance of advertising campaigns.
   
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 * MEASURE CONTENT PERFORMANCE 340 PARTNERS CAN USE THIS PURPOSE
   
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   Information regarding which content is presented to you and how you interact
   with it can be used to determine whether the (non-advertising) content e.g.
   reached its intended audience and matched your interests. For instance,
   whether you read an article, watch a video, listen to a podcast or look at a
   product description, how long you spent on this service and the web pages you
   visit etc. This is very helpful to understand the relevance of
   (non-advertising) content that is shown to you.
   
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 * UNDERSTAND AUDIENCES THROUGH STATISTICS OR COMBINATIONS OF DATA FROM
   DIFFERENT SOURCES 420 PARTNERS CAN USE THIS PURPOSE
   
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   Reports can be generated based on the combination of data sets (like user
   profiles, statistics, market research, analytics data) regarding your
   interactions and those of other users with advertising or (non-advertising)
   content to identify common characteristics (for instance, to determine which
   target audiences are more receptive to an ad campaign or to certain
   contents).
   
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 * DEVELOP AND IMPROVE SERVICES 509 PARTNERS CAN USE THIS PURPOSE
   
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   Information about your activity on this service, such as your interaction
   with ads or content, can be very helpful to improve products and services and
   to build new products and services based on user interactions, the type of
   audience, etc. This specific purpose does not include the development or
   improvement of user profiles and identifiers.
   
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 * USE LIMITED DATA TO SELECT CONTENT 108 PARTNERS CAN USE THIS PURPOSE
   
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   Content presented to you on this service can be based on limited data, such
   as the website or app you are using, your non-precise location, your device
   type, or which content you are (or have been) interacting with (for example,
   to limit the number of times a video or an article is presented to you).
   
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SPECIAL PURPOSES & FEATURES

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 * ENSURE SECURITY, PREVENT AND DETECT FRAUD, AND FIX ERRORS 486 PARTNERS CAN
   USE THIS PURPOSE
   
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   Your data can be used to monitor for and prevent unusual and possibly
   fraudulent activity (for example, regarding advertising, ad clicks by bots),
   and ensure systems and processes work properly and securely. It can also be
   used to correct any problems you, the publisher or the advertiser may
   encounter in the delivery of content and ads and in your interaction with
   them.
   
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 * DELIVER AND PRESENT ADVERTISING AND CONTENT 473 PARTNERS CAN USE THIS PURPOSE
   
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   Certain information (like an IP address or device capabilities) is used to
   ensure the technical compatibility of the content or advertising, and to
   facilitate the transmission of the content or ad to your device.
   
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 * MATCH AND COMBINE DATA FROM OTHER DATA SOURCES 331 PARTNERS CAN USE THIS
   PURPOSE
   
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   Information about your activity on this service may be matched and combined
   with other information relating to you and originating from various sources
   (for instance your activity on a separate online service, your use of a
   loyalty card in-store, or your answers to a survey), in support of the
   purposes explained in this notice.

 * LINK DIFFERENT DEVICES 313 PARTNERS CAN USE THIS PURPOSE
   
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   In support of the purposes explained in this notice, your device might be
   considered as likely linked to other devices that belong to you or your
   household (for instance because you are logged in to the same service on both
   your phone and your computer, or because you may use the same Internet
   connection on both devices).

 * IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 457 PARTNERS
   CAN USE THIS PURPOSE
   
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   Your device might be distinguished from other devices based on information it
   automatically sends when accessing the Internet (for instance, the IP address
   of your Internet connection or the type of browser you are using) in support
   of the purposes exposed in this notice.

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