College Sports Bill Gives NCAA Increased Leverage Over Unions

Irwin Kishner, co-chair of Herrick's Sports Law Group and co-chair of Herrick's Corporate Department, was quoted in Bloomberg in an article discussing the Protect College Sports Act and its effect on college athletes’ individual and collective bargaining power. The act has been criticized by unions arguing that "the legislation would give the NCAA too much power over student athletes without offering an explicit opportunity for them to unionize." It provides sports organizations with a partial antitrust exemption providing control over enforcing rules concerning athlete transfer and eligibility.

The bill also contains provisions that are beneficial to college athletes, "including health and safety standards and mandating student representation on athletic governing boards — critics say the bill gives the NCAA broad ability to set terms and conditions for student athletes that professional sports leagues typically have to bargain over."

If the bill ultimately becomes a law, it would codify certain working conditions for athletes, including revenue sharing caps and transfer limits, without input from the athletes 

"Unions would still be able to negotiate over some conditions of employment, including travel, gym time, and training procedures that could be worth players organizing," said Irwin. 

“There’s more to it than just dollars and cents,” he said.

Read the full article in Bloomberg here. Access may require a subscription.