Thursday, February 10, 2022

Will Athletes Be Classified as Employees?


written by STEVE ULRICH
your must-read briefing on what's driving the day in NCAA Division III


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1. Will Athletes Be Classified as Employees?


by Ross Dellenger, Sports Illustrated

"In January, during an interview on the podcast Pardon My TakeKirk Herbstreit, ESPN’s lead college football analyst, said the quiet part out loud.

“I say we make the players employees,” he told PMT. “I say we’re on a path to unionization. … That’s where we’re headed.”

A month later, the movement to make college athletes employees of their universities took another significant step.

On Tuesday, the National College Players Association filed unfair labor practice charges with the National Labor Relations Board (NLRB) against the NCAA office, the Pac-12 Conference and California schools USC and UCLA as single and joint employers of FBS football players and Division I men’s and women’s basketball players. The goal is to affirm employee status for D-I basketball players and FBS football players."

>> Situational Awareness: "In fact, the NCPA’s stroke comes only after new NLRB general counsel Jennifer Abruzzo encouraged such a move. In a September memo, she deemed college athletes employees under the National Labor Relations Act, a thundering message from the agency’s lead lawyer that invited athletes and athlete advocates to bring forth petitions to unionize. The NLRB is the independent agency that enforces U.S. labor law as it relates to collective bargaining."

>> Quotable: “By definition, college athletes are employees under labor law,” NCPA executive director Ramogi Huma says. “They are skilled workers in their sport and are paid scholarships. They deserve the rights afforded to them under labor laws like every other American.”

>> What's Next: "The process is a long and winding one. Most experts do not expect an outcome until at least 18 months after a charge is filed. The NLRB must investigate the filing, requesting information from the charged parties and potentially issuing subpoenas (it has subpoena power). If a complaint is issued, a hearing is scheduled in front of an administrative law judge who ultimately decides athletes’ employment status."

>> And More: "Just last week, the Third Circuit announced that it will consider whether athletes are employees due minimum wage and overtime in a potential landmark collective action suit out of Pennsylvania. In Congress, Sens. Chris Murphy (D-Conn.) and Bernie Sanders (D-Vt.) introduced the College Athlete Right to Organize Act."

>> The Final Word: “Employee status is not a guarantee of better rights, but it would certainly empower the athletes to negotiate for better rights,” Gabe Feldman, a sports law professor at Tulane contends. “Whatever the path is, there are downsides to the path. I don’t think any solution is necessarily going to be perfect. For every gain made for one athlete, it may lead to less from another athlete.”

>> Continue Reading



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SWIM: North Coast Athletic Conference championships
SWIM: Northwest Conference championships
SWIM: Old Dominion Athletic Conference championships
WBB: Johns Hopkins (18-2) at Gettysburg (19-2)

2.  Saving The Day

Referee Tim Radley thanks Dr. Breanna Kebort, left, and Michelle Fowler a week after he collapsed at a John Carroll women's basketball game. The women's fast action that night helped save his life. (Monica McKie/JCU Sports Info)
Tim Radley thanks Dr. Breanna Kebort, left, and Michelle Fowler a week after he collapsed at a John Carroll women’s basketball game. (Monica McKie/JCU Sports Info)

by David S. Glasier, The News-Herald

"Because he’s living one, Tim Radley will attest that miracles do happen.

A 66-year-old Mentor resident, Radley suffered a heart attack on Jan. 19 while working as one of three referees assigned to the women’s college basketball game between John Carroll and Baldwin Wallace at JCU’s DeCarlo Varsity Center.

Returning to the court after the halftime break with fellow officials Sarah Burgess and Rick Macer, Radley collapsed to the floor behind the John Carroll bench.

He fell near the spot where JCU team physician Dr. Breanna Kebort and JCU assistant athletic trainer Michelle Fowler were stationed as players and coaches from both teams streamed back into the gymnasium.

In a matter of seconds, Kebort and Fowler reacted and began administering emergency treatment."

>> Reaction Time: "Fowler secured the courtside AED, a defibrillator used to restore heartbeat. Kebort administered CPR, pumping Radley’s chest, as players, coaches, fans and the other two referees watched in an apprehensive hush. Kebort and Fowler had restored Radley’s heart function by the time paramedics from the University Heights Fire Department arrived."

>> Epilogue: "The paramedics transported Radley to the University Hospitals main campus in Cleveland where — the next morning — he underwent a catheterization to relieve near-total blockages in two arteries. Radley was discharged the following day."

>> What They're Saying: “If this had to happen, it was in the right place at the right time,” Radley said. “Dr. Bre and Michelle got to me in seconds. The paramedics were right there, too. They all were amazing. I want them to know what they did will never be forgotten."

>> Read More


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3.  Bulldogs, Panthers Remain No. 1

EC WHKY Leonie Kuehberger vs Nazareth
Leonie-Louise Kuehberger, Elmira

It's Adrian and Middlebury as the choices atop the latest men's and women's ice hockey polls conducted by the USCHO.


  1. Adrian (19), 22-1
  2. Utica, 19-2
  3. Geneseo, 18-2-1
  4. Augsburg, 19-2
  5. St. Norbert (1), 20-3
  6. Hobart, 16-4-2
  7. Elmira, 16-5-1
  8. Babson, 14-5-2
  9. Wilkes, 15-4
  10. UW-Stevens Point, 16-5-1
>> In and Out: Hello to Norwich (12) and sayonara to Curry

>> Up and Down: Elmira and Oswego (+2); Aurora (-2)

>> Conference Call: NEHC (4), NCHA (3), SUNYAC (2), UCHC (2), CCC (1), MIAC (1), NESCAC (1), WIAC (1)

>> Complete Poll

  1. Middlebury (15), 18-0
  2. Plattsburgh, 17-2-1
  3. Elmira, 19-2-1
  4. UW-River Falls, 20-1
  5. UW-Eau Claire, 17-2
  6. Gustavus Adolphus, 16-2-2
  7. Nazareth, 20-1
  8. Norwich, 17-5
  9. Colby, 13-3
  10. Endicott, 14-4-1
>> Stability: The top 10 teams held on to their respective position from last week's poll

>> Conference Call: NEHC (2), NESCAC (2), WIAC (2), CCC (1), MIAC (1), NEWHL (1), UCHC (1)

>> Complete Poll

4.  Lightning Round 

  No. 2 Marietta (19-2) took homestanding No. 10 Mount Union (18-3) to the woodshed, downing the Raiders, 84-64. Sahmi Willoughby had 25 points for the Pioneers.

  Otterbein (15-6) got a double-double from Angelia Jackson to upend No. 8 John Carroll (17-3), 57-52.

  Springfield, Vassar and Stevens are 1-2-3 in this week's AVCA men's volleyball rankings

  Happy birthday to Dubuque head baseball coach Paul Wyczawski

5. Watchlist  

DBC Makes History, Men's Hoops Hangs On to Win OT Thriller
Donyae Baylor-Carroll, PSU Harrisburg 

  MBB: St. Mary's at Penn State Harrisburg, 6 p.m. ET

  WBB: Johns Hopkins at #25 Gettysburg, 7 p.m. ET

6.  Comings and Goings
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