The
NLRB’s decision is a classic example of mission creep. As the
percentage of unionized employees in the U.S. has declined over the
last several decades to the point where only 6.7 percent of the private
sector workforce are members of unions, the Board has found a need to
push the envelope in order to maintain its relevance. That’s because
with fewer unionized employees the Board’s influence has shrunk. This
decision, which if upheld will likely lead to unions gaining more
members, is just another among many recent actions that the Board has
taken in an effort to increase unionization. For instance, the Board is
also in the process of changing the rules for unionization elections to
make it much easier for unions to win.
Returning to the college football context, what can we expect if the
players are unionized?
First, since the National Labor Relations Act only applies to private
sector employers, public universities will not be affected. This means
that things like pesky union work rules, grievance adjustment, etc.
will work to give public universities an advantage in terms of
flexibility that private universities will not have. If this decision
stands, look for private universities to begin lobbying their states to
change the public sector employee laws so that players at public
universities can be unionized as well.
Next, before a union can be formed, the appropriateness of a particular
unit of employees for bargaining must be determined. Since football
players have different needs and wants from other scholarship athletes
like golfers, most sports will probably have their own bargaining unit.
At a large university with a dozens of sports this could mean dealing
with dozens of bargaining units.
In the midst of a union’s campaign to unionize players, management will
have difficulty trying to figure out what is and what is not an unfair
labor practice under NLRB precedent. Can the coach promise to improve
working conditions if the players vote the union down? No. Can
the coach limit what player can and cannot say on Facebook about their
working conditions? Maybe, but it’s safer to not go there. Would your
average coach know this without having a lawyer pre-clearing everything
that they say? Unlikely. This is enough to give even the most
weathered coach migraines. Also, since what is and is not an unfair
labor practice seems to be changing on a daily basis due to the NLRB’s
mission creep, one needs not only to know what the NLRB has decided in
the past but also to anticipate what they will decide in the future.
Labor and employment lawyers and consultants are the only people that
will like this because it means new revenue streams for their firms.
Every unit of unionized players will, of course, need a shop steward.
The union will also need officers and personnel to negotiate with the
university on a collective bargaining agreement. Since employees who
work under a collective bargaining agreement are not allowed to
individually bargain with the employer over anything that affects the
terms or conditions of their employment, all such issues will have to
be handled by a union representative.
The union will have to collect dues from the players to support its
existence. It will have to file annual financial disclosure reports
with the U.S. Department of Labor’s Office of Labor-Management
Standards (OLMS). The union officers and employees will have to file
conflict of interest reports with OLMS as well. If the university makes
certain types of payments or loans of money or other things of value to
the union, its officers, agents, stewards, or other representatives, it
will have to file disclosure reports.
Since oversight of union officer elections falls under the jurisdiction
of OLMS pursuant to the Labor-Management reporting and Disclosure Act,
not only will the private universities be dealing with the NLRB, but
they will likely have investigators from OLMS around from time to time
as well.
And, don’t forget union officers and employees embezzling from their
members and other related criminal acts. It happens. Investigating
these is also the responsibility of OLMS which obtained 121 criminal
convictions for such acts in fiscal year 2012.
Oh, there's more at
NetRightDaily.com:
In the NFL, they are about to permit cheerleaders to visit fans in their seats. Kind of like here in Las Vegas, where they have models visit you in your hotel room.
ReplyDeleteSo now the smarter universities will drop the athletic programs.
ReplyDeleteWhatever. Colleges shouldn't be in the sports business anyway. (Yeah I know, sports programs raise lots of money for the school. Hookers earn money by selling their bodies.) Schools have too much money anyway, which is why they're liberal cesspits. (Liberalism only flourishes in a wealthy hothouse environment.)
ReplyDeleteI'm amazed that Americans, usually so smart when it comes to people stealing their money, fall for this crap, all in the name of the dear old alma mater.
Kim
Too bad football and basketball don't have a minor league system.
ReplyDeleteJohnny Friendly running athletes in addition to longshoremen? Whoo. Terry Malloy would be pissed.
ReplyDeleteI used to be a big fan of basketball and football, both collegiate and pro. Sometime around 10-15 years ago I stopped watching, fed up with the general descent into spoiled brat, thuggish behavior; e.g., spiking the ball, ass-wagging, yelling in the other guys face, etc., that seems to have come with a predominance of blacks in the sports, unrestrained by a culture that increasingly makes excuses for bad behavior by any minority.
ReplyDeleteI wouldn't be surprised if the new union names were Crips United, Bloods Protective Assoc., and La Raza Sociedad. The NLRB should be renamed Union Protective Services.
Getting on the racist bus here, Boss.
Lt. Col. Gen. Tailgunner dick
Well, I'd say sumpin, but it'd be little more than an echo of Kim's and LtColTGDick's.
ReplyDeleteGave up on sports about the same time I retired from the USN, 30 years ago. Still watch "The Open" and the final 9 holes of The Masters on Sunday (mostly because of those beautiful epilogue video essays they do), but other than that I have no use for organized sports after high school, where I think they're instrumental in teaching some pretty fundamental life lessons.
The entire problem with collegiate sports would dry up and blow away if schools refused to allow televising games.
And the major problems in pro football, baseball, and roundball would go away if players' salaries were limited to no more than congresskritters', or even better yet, active duty O-6 military base pay.
Bonuses could be distributed for teams winning their divisions or league championships. And then maybe a regular guy could take his kids to a game now and then without having to take out a second mortgage to pay for tickets, parking, and hot dogs.
I agree with Kim that colleges, with the acquiescence of their alumni, have sold their souls to ESPN, ABC, CBS et al for 30 pieces of silver.
ReplyDeleteWhile college tuitions and room and board sky-rocket, athletic facilities have started looking like the new Yankee Stadium.
I am a football husband, so I go to the local college games with my wife.
But I find the whole drama predictable and fatiguing (you know what I mean with the inexorable arrest and conviction of the most important athlete on the team for some heinous offense, waiting for the NCAA to bench him for a game, etc.).
Year in, year out, it's the same nonsense.
And then I look at the athletes, who are all either ganged up blacks or white boys who want to look like Eminem, and I have a real difficult time pulling for them.
The game has long since ceased being a team effort and is little more than a self-absorbed stepping stone to the pros.
I have no interest in getting emotionally invested in the nonsense.
When I die, I plan to leave my school's English Department, which for reasons still not clear to me decided to pass me and pave the way for me to go to law school, as much money as we can.
Don't worry, though, I will stipulate what kind of literature it will support (I hope it will endow a Hemingway chair), so it won't support any womynist literature or ethnic literature.
Their proponents can endow their sub-genres without my help.
I agree with Lt C Gen TG dick that athletes' calling attention to themselves after plays.
They have no respect for the game.
It's all about themselves and their self-aggrandizement.
I have no interest in that kind of nonsense.
Like Hemingway, I like boxing (which is truly mano a mano) and automobile racing (which is life and death).
And if I could get ESPN to cover bullfighting, I would follow it too.
Let 'em unionize. Then all that free tuition, room, and board becomes income in kind. Now Dequan Washington has to pay taxes on that $50K per year he's getting in scholarship, books, room, and board.
ReplyDeleteAh, the devil you know vs the one you don't.
I wonder how unionization will affect the rich alumni's backdoor "contributions" to their favored teams and players. Think all that under-the-table money will dry up?
ReplyDeleteWhen paying taxes on the $15,500 free quarterly tuition plus board and books, annual income would exceed $60,000 and Federal and Illinois tax would exceed $16,000.
ReplyDeleteDad and Mom will not be happy about this development. Further after the union work rules are imposed, coaches will have no authority and all Title 9 sports will go bye-bye.
Can someone explain WTF they will be negotiating for? What can they do to improve on a free ride?
ReplyDeleteWhat are they negotiating for? For starters, Obama's promise to remake America is all inclusive. And, it makes unions very happy.
ReplyDelete