Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

July 7, 2014

By: Peter A. Jones

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional Director’s decision that the University’s grant in aid scholarship football players are employees and the subsequent direction of election.  A number of interested parties, including the Higher Education Council of the Employment Law Alliance (“HEC-ELA”), filed amicus curiae briefs in support of Northwestern University, the putative employer, in the case.  Bond, Schoeneck & King, PLLC, a member of the HEC-ELA, served as counsel on the amicus brief along with a number of other law firms.  To download or read the HEC-ELA amicus curiae brief, please click here. The NLRB’s decision in the Northwestern University matter could have far reaching implications, not only for Division I college athletes, but also for graduate students and others should the Board decide to revisit its ruling in Brown University, 342 NLRB 483 (2004).  After the Regional Director’s decision and direction of election, the NLRB did conduct an election, but those ballots have been impounded pending the outcome of the proceeding at the Board level.