Athletes at private universities should be considered employees under federal labor law, and therefore allowed to unionize and seek protection from retaliation if they voice concerns about pay and workplace conditions, according to the top lawyer for the federal National Labor Relations Board.
Jennifer A. Abruzzo, the N.L.R.B.’s general counsel, also warned in a memo released Wednesday that universities “misclassifying such employees as mere ‘student-athletes’” could be threatened with legal action for creating a “chilling effect” on athletes who wanted to organize.
The memo represents guidance to the N.L.R.B.’s regional offices and other labor officials, and is therefore not binding.