In March 2014, a regional director of the National Labor Relations Board (NLRB or Board) ruled that scholarship football players at Northwestern University are employees for purposes of the National Labor Relations Act (NLRA), and ordered an election to determine support for the College Athletes Players Association (CAPA), a newly created labor organization. This report provides an overview of the NLRA, and reviews the decision by the NLRB's regional director. The report also examines the concerns raised by Northwestern and CAPA. The report ends with a brief discussion of other developments that could affect unionization efforts by athletes at private colleges and universities. NLRB and Northwestern University

In late January 2014, a group of students who play football for Northwestern University filed a representation petition with the NLRB. The students are seeking to be represented by CAPA, which contends that college football and basketball players, particularly those who compete in Division I of the National Collegiate Athletic Association (NCAA), are essentially employees given the amount of time they commit to athletics, the revenue they generate for their schools, and their receipt of compensation in the form of scholarships. Pursuant to a federal district court decision issued on August 8, 2014, the NCAA Division I Football Bowl Subdivision (FBS) and Division I basketball schools can use revenue from the use of player's names, images, or likenesses to provide financial aid up to the cost of attendance. Among other changes, five conferences—consisting of 65 private and public colleges and universities—will be allowed to adopt new rules affecting student athletes.
In late January 2014, a group of students who play football for Northwestern University filed a representation petition with the National Labor Relations Board (NLRB). The students are seeking to be represented by the College Athletes Players Association (CAPA), a newly created labor organization. CAPA contends that college football and basketball players, particularly those who compete in Division I of the National Collegiate Athletic Association (NCAA), are essentially employees given the amount of time they commit to athletics, the revenue they generate for their schools, and their receipt of compensation in the form of scholarships. If the Northwestern players are found to be employees for purposes of the National Labor Relations Act (NLRA), they will be permitted to engage in collective bargaining over the terms and conditions of their employment.
This report provides an overview of the NLRA, and reviews the March 2014 decision by the NLRB's regional director, which concluded that the Northwestern players are employees under the act. The report examines the concerns raised by both the university and CAPA. The report also discusses other developments that could affect unionization efforts by athletes at private colleges and universities. In August 2014, the NCAA Division I Board of Directors gave new authority to five conferences—consisting of 65 public and private colleges and universities—to provide greater financial support to student-athletes. Also, an August 2014 U.S. District Court decision will allow NCAA Division I Football Bowl Subdivision (FBS) and basketball schools to use revenue from the use of players' names, images, or likenesses to provide greater financial support to athletes.