SEIU has proven that unions will stop at nothing to organize in mass quantities. Heck, they’ll attempt to overhaul industries before their “magic tricks” end up backfiring on workers. Unions have also pushed to reclassify rideshare drivers as employees for the purpose of organizing them, and Biden’s NLRB attempted to do the same with college athletes while the SEIU preemptively tried and failed to unionize a Dartmouth College team. Never mind how an “employee” status for athletes could cause universities to lose resources for funding their newfound employees.
Fast forward to this month, and Trump’s executive order (EO) blitz is now extending into university sports, where the EO in question instructs the NLRB and Secretary of Labor to provide a “clarifying” answer on “the status of student-athletes.” Presumably, Trump is suggesting that these athletes should not be reclassified as employees, but the EO’s very existence carries broad implications for nearly every industry:
A slippery slope from universities to the corporate world: First, let’s consider what could happen if NCAA athletes are reclassified, either by the NLRB, Congress, or courts. Very quickly, we could see that status spread to other unpaid university student positions. That potentially includes everyone from ballet and theater performers who generate ticket sales to legal aid interns providing services, while also gaining necessary experience. Additionally, social media influencers who promote events, students who serve as campus tour guides, and even collegiate esports players are involved. However, that’s not all.
It’s not hard to envision such a trend spreading to unpaid interns in the tech, media, or various corporate settings. This could also extend to volunteer roles for charitable organizations. And in healthcare, where a wave of intern-focused unionization is already afoot, hospital systems would have even more labor issues to worry about with apprentices in every specialty being further targeted for unionization.
Stirring worker unease: As with other Trump EOs that focus on labor law and education, this athlete-focused order could actually drive more union activity by ratcheting up unease throughout university settings. And where frustration rises, so does the door for third-party intervention. Therefore, never put it past unions – in this case, likely the UAW, for which the education industry supposedly represents around 25% of its membership – to try and get their foot in the organizing door.
It’s also worth watching how student-athlete status has recently been debated elsewhere:
- A lingering federal case, Johnson v. NCAA, recently saw the Third Circuit Court of Appeals remand to a district court to conduct “an economic realities analysis” on the status of college athletes.
- In a 2021 case, NCAA v. Alston, the U.S. Supreme Court leaned towards granting employee rights to college athletes. In doing so, conservative Justice Brett M. Kavanaugh likened the NCAA to a cartel-like organization that has allegedly engaged in antitrust behavior.
- In Congress, multiple attempts on this topic have surfaced and fizzled out. Last week, GOP Rep. Gus M. Bilirakis introduced legislation against college athletes being defined as employees, although Trump’s EO has overshadowed this bill.
One way or another, an answer to the classification of college athletes will arrive. Unions will definitely be watching, which means that employers in all industries should keep an eye on the situation
