This could have ramifications. https://www.espn.com/college-footba...rsue-unlawful-labor-practices-usc-pac-12-ncaa
NLRB Angling to Recognize Southern Cal's Athletes as Employees...
- Thread starter KingWard
- Start date
Lawsuits have a way of creating havoc and "pay for play" in amateur athletics deserves some havoc.
Maybe coaches could take a similar approach with the tampering issue?
Note where this is happening first and who runs that state. Also note it all started there. Some people put policy implementation way ahead of any concerns over practical repercussions.
I believe that will be the first real step in clearing up so many unknowns
Love the USA like nobody’s business. Not a big fan of Govt.
What's clear is that there will soon be no remaining vestige of a true scholar-athlete template remaining in the major schools. I lament its demise.
Ohhhhhhh I know what I would do if I was a coach who just found out my players were now my employees. LMAO....
First of all you are all making minimum wage, but don't worry because you are also all working overtime every week for the next 4 months. We're going to be practicing 12 hrs a day. Oh and we had to make some cut backs in the custodial staff, so many of you will have to be cleaning the toilets and showers and mopping the floors every day for the forseeable future. Oh by the way, since you are employees, you don't need those scholarships any more so those have been taken back. And since you didn't pay your tuition you aren't really a student here, you don't get to use the computer lab, or the library, you'll have to find your own housing of course. And we won't be offering you a meal plan. Alirght, now, take these W-2 tax forms and put them in your lockers, Then punch the time clock over there and meet me outside for some suicide runs. It's going to be a long day. Isn't being an employee great?
First of all you are all making minimum wage, but don't worry because you are also all working overtime every week for the next 4 months. We're going to be practicing 12 hrs a day. Oh and we had to make some cut backs in the custodial staff, so many of you will have to be cleaning the toilets and showers and mopping the floors every day for the forseeable future. Oh by the way, since you are employees, you don't need those scholarships any more so those have been taken back. And since you didn't pay your tuition you aren't really a student here, you don't get to use the computer lab, or the library, you'll have to find your own housing of course. And we won't be offering you a meal plan. Alirght, now, take these W-2 tax forms and put them in your lockers, Then punch the time clock over there and meet me outside for some suicide runs. It's going to be a long day. Isn't being an employee great?
You're going to find yourself without any employees quickly. And, since you're the manager, you're going to be unemployed too in short order.
Nah, that is how it will go, because it's came from the board in anticipation of the players unionizing, so they will then do that and issue their demands. The board is ready to not participate in certain sports depending on the what the players demand because they are only willing to pay to so much. We may do with replacement players that we'll pay minimum wage. The board is really okay with not winning as long as they aren't losing money. You know.... it's a business.
This was inevitable regardless of where it started. I thought it would be a branch of the NFLPA created to handle college players, but the NLRB works just as well. If this decision comes down in favor of the NLRB, then the individual states get involved.
Predicted this after the decision came out.....I am not happy I was right. Although I did think the taxing authorities would be the first to get involved....but either way works out the same. The players will no longer be amateurs but employees and the tax-exemtions for promoting amateur athletics will no longer apply. As I said the day the decision came down....this will be the camel's nose under the tent. Say goodbye to university sponsored football...and whatever other sports are caught up in this.
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NCAA has rules regarding tampering that still apply and also have rules regarding how little a university can be involved in the NIL issue. All that needs to happen is for the smaller (non P-5) schools to pass rules giving the NCAA the power to investigate...authorizing them to subpeona information, depose coaches and student-athletes, etc.....because I doubt any of the P-5 programs would allow themselves to be investigated to that extent.
I think a large part of the problem is the lack of manpower at NCAA. It takes time and money to investigate and bring charges, etc. There are a boatload of schools right now, many if not most of which are treating the current landscape as the Wild West.
Yep....that article was bleak considering what they are attempting to do and I don't see how the IRS doesn't eventually take notice that the programs involved don't fit within the 501c3 definition of amateur athletics. This is completely uncharted territory....about the only roadmap I know of is the case of Mueller Pasta Co. and the NYU School of Law...and it does not paint a rosy picture.
Very ominous. Hard to visualize anything "college" about the coming product.
Feel like I’ve had a girlfriend that I have loved all my life, but she’s changed. I still love her dearly. Just don’t like her changes and don’t see me putting up with those changes
I sense that you have lived that. I understand. Thank God He had somebody picked out who was better for me. Now, as for replacing college football...
This is an extension of a battle the NLRB has been waging in California for the last couple of years in an effort to do away with private contractors. Most recently is their battle with trucking companies doing business with the port of LA that use owner-opperators as sub-contractors. They want them named employees or face being blackballed by the port. It's a govt assault on small private businesses on behalf of organized unions.
Same state and same ones that started the NIL lawsuits. They don't care about these players, it's a much bigger goal; destroy every American pastime and everything Americana, part of the great reset of America that is playing out before our eyes and being pushed by one particular political party.
Until you look at the party that appointed the Supreme Court Justices that made the NIL decision.....and one specifically who encouraged in his decision for athletes to follow the exact path regarding "employment" they are following. You should read Kavanaugh's decision before you start throwing crap against a wall to see what sticks.
At the risk of having thousands of legal books reign down on my head, I don’t think it is a bad thing. With collective bargaining a salary cap could be introduced and contracts tying a committed player to play in a certain number of games or lose money. It might go a long way toward solving the NIL and Transfer Portal problem we have now.
Haha....from the attached law review article under section III of said article: "But in 1976, Congress made clear that promoting amateur athletics is, in fact, a prima-facie charitable purpose by passing an amendment to 501(c)(3) that specifically declares fostering “national or international amateur sports competition” as a charitable purpose.33 Moreover, in Hutchinson Baseball Enterprises v. Commissioner, 34 the Tenth Circuit upheld a Tax Court decision that even without the legislative change, “the furtherance of recreational and amateur sports” would be a charitable activity."
In paying the players, it is then no longer "amateur sports competition" and then the other issues covered in that article become more important.
BTW this is a very good article regarding the relationship between the tax code and the NCAA and major college athletics.
Maybe it’ll happen and burn the whole thing down. If it must happen, let it happen quickly.
Lol…..unfair labor practices. Leave it to the state with the most liberal governor in history who is now pretending as a conservative while he maneuvers to run for president. People will buy it cause most of the media will show sound bites of him saying logical stuff so they’ll think he’s a really good person.
The labor board will have people believing these poor players are being abused. Any of us who have ever been to college know that athletes get treated like kings and queens.
With that said, I figure Stanford costs probably over 100k per year to attend. What I would have given to make 100k per year at 18-22. Those poor athletes. I love the way the argument is about how much the schools are making off football. That’s like arguing as an employee you should make what the ceo is making cause business is good. Only in America can we paint the lucky and privileged as downtrodden
The labor board will have people believing these poor players are being abused. Any of us who have ever been to college know that athletes get treated like kings and queens.
With that said, I figure Stanford costs probably over 100k per year to attend. What I would have given to make 100k per year at 18-22. Those poor athletes. I love the way the argument is about how much the schools are making off football. That’s like arguing as an employee you should make what the ceo is making cause business is good. Only in America can we paint the lucky and privileged as downtrodden
"It was Brett Kavanaugh’s concurring opinion, which shredded any pretense of protection the Supreme Court would be willing to afford the NCAA in a multitude of future matters."
The decisions in NCAA v. Alston by Justices Kavanaugh and Gorsuch started all of this.....not the California governor. Attached please find Justice Gorsuch's opinion and Justice Kavanaugh's concurring opinion which invited the type of action that the NLRB is now participating in.
You can erroneously blame who you hope or wish to be at fault, or you can blame the actual persons responsible.
At a stroke, Kavanaugh decided that not only were the specifics and facts of this case ruled upon in this judgment, he felt the need to go back and invalidate what was essentially three decades of guidance that the NCAA needed some level of independence to perform its role in regulating and defining amateur athletics.
“To be sure, the NCAA and its member colleges maintain important traditions that have become part of the fabric of America,” it continues. “But those traditions alone cannot justify the NCAA’s decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.”
Kavanaugh further offered, "[student-athletes] could potentially engage in collective bargaining (or seek some other negotiated agreement) to provide student athletes a fairer share of the revenues that they generate for their colleges, akin to how professional football and basketball players have negotiated for a share of league revenues."
The NIL Mess Part One: How Brett Kavanaugh Set The Wheels In Motion With One Concurring Opinion - The College Sports Journal
How did we get here? How did we get to this place where, under the fig leaf of Name, Image, and Likeness rights, sports boosters have organized to effectively pay some star players seven-figure salaries?
www.college-sports-journal.com
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And BK is a dumbass also….."It was Brett Kavanaugh’s concurring opinion, which shredded any pretense of protection the Supreme Court would be willing to afford the NCAA in a multitude of future matters."
The decisions in NCAA v. Alston by Justices Kavanaugh and Gorsuch started all of this.....not the California governor. Attached please find Justice Gorsuch's opinion and Justice Kavanaugh's concurring opinion which invited the type of action that the NLRB is now participating in.
You can erroneously blame who you hope or wish to be at fault, or you can blame the actual persons responsible.
At a stroke, Kavanaugh decided that not only were the specifics and facts of this case ruled upon in this judgment, he felt the need to go back and invalidate what was essentially three decades of guidance that the NCAA needed some level of independence to perform its role in regulating and defining amateur athletics.
“To be sure, the NCAA and its member colleges maintain important traditions that have become part of the fabric of America,” it continues. “But those traditions alone cannot justify the NCAA’s decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated. Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.”
Kavanaugh further offered, "[student-athletes] could potentially engage in collective bargaining (or seek some other negotiated agreement) to provide student athletes a fairer share of the revenues that they generate for their colleges, akin to how professional football and basketball players have negotiated for a share of league revenues."
The NIL Mess Part One: How Brett Kavanaugh Set The Wheels In Motion With One Concurring Opinion - The College Sports Journal
How did we get here? How did we get to this place where, under the fig leaf of Name, Image, and Likeness rights, sports boosters have organized to effectively pay some star players seven-figure salaries?
Wasn't throwing crap against the wall, and I agree with the SCOTUS that it is not unconstitutional, they did their job, doesn't mean it should have ever gotten to them.
SCOTUS wasn't making a determination whether something was constitutional or not, they were simply addressing the question whether the NCAA had the ability to regulate a student-athletes' right to sell his or her name, image or likeness and profit from it.
We know what state it started in. The Supreme Court doesn’t solicit these cases. But blaming them for the mess is comical. They rule on the constitutionality of stuff. The people championing the NIL stuff are many of the ones who are pissed abortion was sent back to the states.
Everything eventually goes back to the Constitution, this was nothing more than a ruling on the limits and allowances of anti-trust laws. So you are saying that original anti-trust law wasn't rooted or based on its Constitutionality?
You are really trying....and are stretching. The Constitutionality of anti-trust law has already been well established. The majority opinion authored by Gorsuch was reserved to who had the right to control or regulate an individual's own name, image and likeness...which is all the 9th Circuit opinion addressed and was the issue before the SC. It was the concurring opinion by Kavanaugh (which the whole Court has yet to decide on) that went into the anti-trust laws in limiting the collective bargaining power of the student-athletes by stating that they are workers/employees that should be earning fair wages.
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Doubtful. The Court ignored or got a lot of history wrong and ignored "stare decisis" in both cases. Both were bad decisions....not quite on the level of Plessy, but getting close.
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