Dartmouth basketball's union files unfair labor practice charge against college

The Dartmouth men’s basketball team’s union, Service Employees International Union Local 560, filed an unfair labor practice charge Wednesday to the National Labor Relations Board against the college.

The charge accuses the institution of illegally refusing to bargain. Dartmouth said in March it would refuse to collectively bargain with the athletes. NLRB Regional director Laura Sacks concluded in a Feb. 5 ruling that Dartmouth’s men’s basketball players were employees of the college, a landmark ruling in college sports. On March 5, the players voted 13-2 in favor of unionizing, marking a historic next step toward an employee model taking hold for at least some athletes in college sports.

The union called out Dartmouth in a statement Wednesday for not bargaining in “good faith.”

“We are filing an Unfair Labor Practice (ULP) today on behalf of the men’s varsity basketball team because Dartmouth’s public refusal to bargain in good faith with a certified bargaining unit of SEIU Local 560 is in violation of both labor law and Dartmouth’s very own Code of Ethics,” Local 560 president Chris Peck said in a statement Wednesday.

“… For nearly 60 years, Dartmouth has followed a tradition of bargaining fair and equitable union contracts with our local, and while expensive legal judgments continue to pile up against the NCAA, the tide has shifted and it is past time for Dartmouth administration to avoid the looming financial and legal liabilities by grasping this opportunity to show leadership, as the players have, and live up to its own rhetoric regarding the importance of both community and dialogue.”

Dartmouth has refused to bargain to this point. If the National Labor Relations Board agrees with charges brought by the team’s union, it will order the college to collectively bargain. If Dartmouth refuses, the NLRB could seek a court order.

The college previously filed an appeal to the national NLRB, with the NCAA and Ivy League filing briefs supporting Dartmouth’s appeal.

A growing number of industry leaders have believed college athletics has been on a slow march toward at least some athletes being deemed employees of their colleges. It’s been more than two years since NLRB General Counsel Jennifer Abruzzo issued her memorable September 2021 memo in which she said “certain players at academic institutions are statutory employees who have the right to act collectively to improve their terms and conditions of employment.”

Dartmouth has been steadfast that the college does not employ its men’s basketball players.