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The Employment Question and Unionization

Learn about whether student athletes are considered employees under the law.

Transcript

I. The Employment Question

The National Labor Relations Board, or NLRB, administers the National Labor Relations Act, or NLRA. The NLRA protects employees’ rights to create or join unions, engage in collective bargaining, and participate in collective actions such as strikes. However, a person is only entitled to the rights guaranteed in the NLRA if he or she is an employee, as defined by the act. This issue raises one of the most important questions in collegiate sports: are student athletes...

Lessons

1. Welcome
2. Amateur Sports
  • The Employment Question and Unionization
  • Collegiate Collective Bargaining
  • The Scholarship Contract
  • Name, Image, and Likeness
  • Evolving Name, Image, and Likeness Laws
  • The Amateurism Model
  • Institutional Duty of Care
  • Ramifications of Amateur Athletes as Employees
3. Amateur Sports Associations
  • Public and Private Sports Associations
  • Collegiate Athletic Associations
  • Olympic Athletic Associations
  • United States Olympic and Paralympic Committee
4. Eligibility, Health, and Gender Issues
  • Eligibility Issues in Amateur Sports
  • Concussion Protocols
  • Anti-Doping Agencies
  • Drug Testing in High School and Collegiate Sports
  • Disability Issues in Sports
  • Sex Discrimination and Title IX
5. Sports and Antitrust Laws
  • Sherman Antitrust Act
  • Amateur Association Antitrust Caselaw
  • Antitrust Issues in Professional Sports
  • Baseball’s Exemption from Antitrust Laws
  • Rival Leagues
  • Franchise Relocation and Expansion
6. Unique Issues in Professional Sports
  • Collectively Owned Leagues
  • Ramifications of Collective Ownership
  • Role of the Commissioner
  • Professional Sports Facilities
  • Broadcast Rights and Media Issues
  • Collective Bargaining
  • Agents and Athletes
7. Other Legal Issues in Sports
  • Criminal and Civil Liability in Sports
  • Intellectual Property in Professional and Amateur Sports
  • Venue Liability
  • Products Liability