Wednesday, March 26, 2014
In a ruling just released by the NLRB Chicago Region, the Regional Director has determined that the Northwestern football players receiving grant-in-aid scholarships are "employees" under the National Labor Relations Act and has ordered an election.
The ruling is available here.
Just a quick addition to Jason's post:
I've only had a moment to scan the decision, but it seems to make a point to rely on common-law agency factors, which is somewhat signficant given the Brown University case's dismissal of those (despite Supreme Court precedent). Hower, the director also applied Brown as a backup, and still found that they were employees.
Obviously, this is just the beginning of litigation over this, but it's going to be fascinating to watch. I definitely didn't see this coming from the Region.