Cornell University

Labor and Employment Law Program

16 E. 34th Street, 4th Floor, 212-340-2866

Northwestern University and CAPA
The NLRB and College Football

May 2, 2014 - New York City

The scholarship football players at Northwestern University will have voted on whether they want CAPA to represent them. The NLRB has granted Northwestern's request to review Regional Director Peter Sung Ohr's decision finding scholarship football players to be employees within the meaning of the NLRA. What will the Board's ultimate decision mean for the viability of the Brown, Boston Medical Center, and Specialty Healthcare decisions? This case has set off a national debate about the status of student athletes and how finding these athletes to be employees with the right to form unions and engage in collective bargaining would affect them, college sports and the NCAA, Title IX, and higher education.

On Friday, May 2, 2014, we discussed the legal issues the Board will confront, with:
Jeremiah A. Collins, Esq., Bredhoff & Kaiser PLLC, Attorney for the College Athletes Players Association (CAPA) at Northwestern
Lawrence C. DiNardo, Esq., Partner and Labor and Employment Law Practice Leader, Jones Day, and Counsel for prospective Amicus Curiae for the Association for the Protection of Collegiate Athletes (APCA)
James G. Paulsen, Esq., Regional Director, NLRB Region 29

WHEN:  Friday, May 2, 2014
WHERE: Cornell ILR NYC Conference Center
16 East 34th Street, 6th floor
New York, NY 10016
CLE CREDIT:   2.0 CLEs – Professional Practice (Transitional and Non-Transitional)
For information on this program, call Stephanie Sutow at 212-340-2866, or e-mail esta_bigler_ilr-lel@cornell.edu 

PROGRAM MATERIALS:

SUPPLEMENTAL MATERIALS:


Boston Medical Center Corporation and House Officers' Association/Committee of Interns and Residents, 330 NLRB 152 (1999). http://www.nlrb.gov/case/01-RC-020574
New York University and GSOC/UAW, 356 NLRB No. 7 (2010). http://www.nlrb.gov/case/02-RC-023481?page=5
Northwestern University and College Athletes Players Association (CAPA), Brief to the Regional Director on Behalf of Northwestern University. No. 13-RC-121359 (March 17, 2014). http://www.nlrb.gov/case/13-RC-121359
Northwestern University and College Athletes Players Association (CAPA), Decision and Direction of Election. No. 13-RC-121359 (March 26, 2014). http://www.nlrb.gov/case/13-RC-121359
Northwestern University and College Athletes Players Association (CAPA), Northwestern's Request for Review of Regional Director's Decision and Direction of Election. No. 13-RC-121359 (April 9, 2014). http://www.nlrb.gov/case/13-RC-121359
Northwestern University and College Athletes Players Association (CAPA), Order. No. 13-RC-121359 (April 24, 2014). http://www.nlrb.gov/case/13-RC-121359
Northwestern University and College Athletes Players Association (CAPA), Petitioner's Response to Request for Review of Regional Director's Decision and Direction of Election. No. 13-RC-121359 (April 16, 2014). http://www.nlrb.gov/case/13-RC-121359
Northwestern University and College Athletes Players Association (CAPA), Post-Hearing Brief of Petitioner College Athletes Players Association. No. 13-RC-121359 (March 17, 2014). http://www.nlrb.gov/case/13-RC-121359
San Francisco Art Institute and International Union of Operating Engineers, Stationary Local No. 39, AFL-CIO, Petitioner, 226 NLRB 1251 (1976). http://www.nlrb.gov/case/20-RC-013238
Specialty Healthcare and Rehabilitation Center of Mobile and United Steelworkers, District 9, Petitioner, 357 NLRB No. 83 (2011). http://www.nlrb.gov/case/15-RC-008773
St. Clare's Hospital and Health Center and the Committee of Interns and Residents, Petitioner, 229 NLRB 1000 (1977). http://www.nlrb.gov/case/02-RC-016760
WBAI Pacifica Foundation and United Electrical, Radio & Machine Workers of America (UE) and its Local 404, 328 NLRB 1273 (1999). http://www.nlrb.gov/case/02-UC-000496