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 2014 NLRB LEXIS 221; 198 L.R.R.M. 1837; 2014-15 NLRB Dec. (CCH) P15,781; 2014 WL 1246914

National Labor Relations Board

March 26, 2014

Case 13-RC-121359

Opinion

DECISION AND DIRECTION OF ELECTION

Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended ("the Act"), a hearing was held before a hearing officer of the National Labor Relations Board ("the Board"). Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated to the undersigned its authority in this proceeding. 1 

I. ISSUES

The Petitioner contends that football players ("players") receiving grant-in-aid scholarships ("scholarship") from the Employer are "employees" within the meaning of the Act, and therefore are entitled to choose whether or not to be represented for the purposes of collective-bargaining. The Employer, on the other hand, asserts that its football players receiving grant-in-aid scholarships are not "employees" under the Act. It further asserts that these players are more akin to graduate students in Brown University, 342 NLRB 483 (2004), whom the Board found not to be "employees" under the Act.

In the alternative, the Employer contends that its players are temporary employees who are not eligible for collective bargaining.

Finally, the Employer contends that the petitioned-for-unit is arbitrary and not appropriate for bargaining.

II. DECISION

For the reasons discussed in detail below, I find that players receiving scholarships from the Employer are "employees" under Section 2(3) of the Act. Accordingly, IT IS HEREBY ORDERED that an election be conducted under the direction of the Regional Director for Region 13 in the following [*3]  appropriate bargaining unit:

Eligible to vote are all football players receiving football grant-in-aid scholarship and not having exhausted their playing eligibility employed by the Employer located at 1501 Central Street, Evanston, Illinois, but excluding office clerical employees and guards, professional employees and supervisors as defined in the Act.

III. STATEMENT OF FACTS

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 2014 NLRB LEXIS 221 *;  198 L.R.R.M. 1837;  2014-15 NLRB Dec. (CCH) P15,781; 2014 WL 1246914

NORTHWESTERN UNIVERSITY, Employer and COLLEGE ATHLETES PLAYERS ASSOCIATION (CAPA), Petitioner

Subsequent History:

Review granted by Northwestern Univ., 2014 NLRB LEXIS 298 (N.L.R.B., Apr. 24, 2014)

Petition dismissed by Northwestern Univ. & College Athletes Players Ass'n Capa, 2015 NLRB LEXIS 613 (N.L.R.B., Aug. 17, 2015)

Notice: [*1] 

 

This unpublished decision is not intended or appropriate for publication and is not binding precedent, except with respect to the parties in the specific case.

CORE TERMS

players, football, team, coaches, athletic, employees, NLRB, graduate, attend, football team, eligible, workouts, Grant-in-Aid, practices, walk-ons, games, hours per week, meetings, travel, recruits, election, training camp, season, spend, regular, sports, faculty, campus, football player, conditioning