The legal efforts to unionize college athletes appear to be running out of steam this month as a new Republican-led administration gets set to take over the federal agency in charge of ruling on employment cases.
A players’ advocacy group that filed charges against the NCAA, Pac-12 and USC that would have potentially opened the door for college players to form a union decided Friday to withdraw its complaint. Its case — which was first filed in February 2022 — was one of two battles against the NCAA taken up by the National Labor Relations Board in recent years. Earlier this week, an administrative law judge closed the other case, which was filed by men’s basketball players at Dartmouth.
The National College Players Association, which filed its complaint on behalf of USC athletes, said the recent changes in state law and NCAA rules that are on track to allow schools to directly pay their players starting this summer caused them to reconsider their complaint.
“[T]he NCPA believes that it is best to provide adequate time for the college sports industry to transition into this new era before football and basketball players employee status is ruled upon,” the organization’s founder Ramogi Huma wrote in the motion to withdraw.
The NCAA and its four power conferences agreed to the terms of a legal settlement this summer that will allow schools to spend up to roughly $20.5 million on direct payments to their athletes starting next academic year. The deal is scheduled to be finalized in April.
College sports leaders, including NCAA president Charlie Baker, have remained steadfast in their belief that athletes should not be considered employees of their schools during a period when college sports have moved closer to a professionalized model.
Some industry stakeholders believe that the richest schools in college sports will need to collectively bargain with athletes to put an end to the current onslaught of legal challenges facing the industry. Currently, any collective bargaining would have to happen with a formal union to provide sufficient legal protection. Some members of Congress say they are discussing the possibility of creating a special status for college sports that would allow collective bargaining without employment. However, Congressional aides familiar with ongoing negotiations told ESPN that influential Republican leaders in Congress are firmly against the idea.
The NLRB’s national board previously declined to make a ruling on whether college athletes should be employees in 2015 when a group of football players at Northwestern attempted to unionize. Jennifer Abruzzo, the agency’s leader during the Biden administration, signaled an interest in taking up the athletes’ fight to unionize early in her tenure. Abruzzo is not expected to remain as the NLRB’s general counsel during Donald Trump’s presidency.
Under Abruzzo, the agency’s regional offices pushed both the Dartmouth and USC cases forward in the past year. Dartmouth players got far enough to vote in favor of forming a union in March 2024, but they were still in the appeals process when they decided to end their effort last month.
The only remaining legal fight over employee status in college sports is a federal lawsuit known as Johnson v. NCAA. That case claims the association is violating the Fair Labor Standards Act, which does not guarantee the right to unionize but instead would give athletes some basic employee rights such as minimum wage and overtime pay. That case is currently working its way through the legal process in the Third Circuit federal court.
