Agenda

NCAA’s Big 10 Conference History

Definition Understanding

• Labor Union by John Budd

• Collective Bargaining by John Budd

• Employee by Section 2(3) of NLRA

NLRB Case: Northwestern University v. College Athletes Players Association (CAPA)

Where are they all now?

Questions & Answers

• References

NCAA Big 10 History/Background

Began on January 11, 1895

University of Chicago, University of Illinois, University of

Michigan, University of Minnesota, Northwestern University,

and University of Wisconsin initial members

Was named the Intercollegiate Conference Athletic Association

The media started to call it the “Big Ten” in the early 1900’s but

did not officially adopt the name until 1987

Has grown to 14 universities including Rutgers University,

Maryland University, University of Nebraska, and University of

Chicago

Definition Understanding

Labor Union

Group of workers who join together to influence the nature of their employment

Able to work for that group of workers as so an individual worker does not feel over powered by management and able to voice his/her collective concerns in order to enhance, not just the business but their personal lives as well

Collective Bargaining

Representatives of the employer and the employee negotiate the terms and conditions of employment that will apply to the employees

Allows workers and employers to reach a voluntary agreement on a wide range of topics, such as compensation, off days, benefits, and even grievance practices

Definition Understanding – cont.

“include[s] any employee, and shall not be limited to the employees of a particular employer, unless the Act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act, as amended from time to time, or by any other person who is not an employer as herein defined”

Employee

NLRB Case: Northwestern University v. College Athletes Players Association (CAPA)

Founded in 1892

Private university in Evansville, Illinois

Strong academic and athletic presence in the higher educational arena for well over 160 years

Labor organization established to assert student-athletes’ status as employees with the right to collectively bargain for basic securities

Co-founded by Ramogi Huma and Kain Colter in January of 2014

Northwestern v. CAPA cont.

CAPA saw to show that the football players should be known as employees of Northwestern, which in turn would give them the right to unionize and collectively bargain for improved health and safety, financial support, and other terms and conditions of employment relationship with Northwestern, the Big 10 Conference, and the NCAA

NLRB regional director Peter Ohr’s decision stated that “the extensive and undisputed record shows that Northwestern scholarship football players are “employees” within the meaning of Section 2(3) of the NLRA”

Where are they now? In a unanimous decision of Northwestern’s Request for Review of the Regional Director’s Decision, a five-

member group of the NLRB dismissed the petition of the football players who were seeking to unionize on the 17th of August, 2015

Five-member board exclaims that the NLRA gives the NLRB power over private industry and Northwestern is the only private university in the other 13 public universities membership of the Big 10 Conference

Since the Northwestern players voted whether to certify as a union after Director Ohr’s decision last year, those ballots were impounded pending this ruling and will not be counted

NCAA has changed its governance structure to allow an increase in the value of athletic scholarships and a four-year guarantee

Many conferences and universities have started to offer a more comprehensive health care package, including Northwestern

References

Bennett, B. (2014, MAR 26). Northwestern Players get Union Vote. ESPN.com. Retrieved from http://espn.go.com/college-football/story/_/id/10677763/northwestern-wildcats-football-players-win-bid-unionize. (Accessed 21 OCT 2015).

Big Ten History. (2015, JUL). CBSi Advance Media. Retrieved from http://www.bigten.org/ trads/big10-trads.html. (Accessed 7 NOV 2015).

Budd, J. W. (2013). Labor Relations: Striking a Balance, 4th Edition. New York City, NY: McGraw-Hill.

Northwestern University v. College Athletes Players Association (CAPA). (2014, APR 24). NLRB No. 13-RC-121359.

Northwestern University v. College Athletes Players Association (CAPA). (2015, AUG 12). NLRB No. 13-RC-121359.

Strauss, B. (2015, AUG 17). N.L.R.B. Rejects Northwestern Football Players’ Union Bid. The New York Times Company. Retrieved from http://www.nytimes.com/2015/08/18/sports/ncaafootball/nlrb-says-northwestern-football-players-cannot-unionize.html?_r=0. (Accessed 14 NOV 2015).