The National Labor Relations Board announced Monday that it will not uphold the March 2014 ruling which said Northwestern’s football players are university employees.

As a result of the decision, Northwestern’s players will not be able to unionize.

According to Bloomberg, the NLRB reached a unanimous decision in a 16-page opinion that said granting the players’ petition would “not promote uniformity and stability in labor relations.” Additionally, the NLRB decided that the ability for Northwestern’s players to form a union would alter the “competitive practice” because other teams would have a different set of rules and would not have the ability to collectively bargain.

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From Bloomberg:

Among the board’s findings in a unanimous 16-page opinion was that certifying the players’ petition “would not promote uniformity and stability in labor relations,” and that allowing Northwestern players to bargain with a single employer over policies that apply throughout the National Collegiate Athletic Association would potentially upset the balance of competition.

In what NLRB officials called a “very narrow decision,” the board declined to address whether the players are employees at Northwestern and ruled rather on whether granting their petition would serve the purposes of the National Labor Relations Act. Of the 125 football programs in the NCAA’s Football Bowl Subdivision, the top echelon, just 17 are private schools and Northwestern is the only one in the Big Ten Conference.

According to the New York Times, the NLRB did not answer whether or not Northwestern’s players are university employees, and said that giving one team the ability to collectively bargain would present conflicts with the NCAA and Big Ten Conference.

Following the ruling, Northwestern vice president for university relations Alan K. Cubbage released a statement on the university's behalf.

Northwestern University is pleased by today’s decision issued by the National Labor Relations Board (NLRB), which declined to assert jurisdiction and dismisses a petition filed by the College Athletes Players Association seeking to become the collective bargaining representative of Northwestern University football players who receive grant-in-aid scholarships. Because the NLRB declined to assert jurisdiction in the case and dismissed the petition, the union election held in April 2014 is moot and the votes of Northwestern scholarship football players cast at that time will not be counted.

As the University has stated previously, Northwestern considers its students who participate in NCAA Division I sports, including those who receive athletic scholarships, to be students, first and foremost. We applaud our players for bringing national attention to these important issues, but we believe strongly that unionization and collective bargaining are not the appropriate methods to address the concerns raised by student-athletes. We are pleased that the NLRB has agreed with the University’s position.

Northwestern position remains that participation in athletics is part of the overall educational experience for our student-athletes, not a separate activity. Therefore, we intend to continue to work with our students, and others, to address the issues regarding the long-term health impact of playing intercollegiate sports, providing additional grant-in-aid support and providing academic support and opportunities for student-athletes.

The welfare of our student-athletes is paramount here, and we’re very proud of that. We are committed to ensuring their health, safety and well-being and that they are provided with every resource possible to grow and develop as well-rounded individuals. We now need to examine these issues nationally to ensure that student-athletes nationally are provided the same opportunities as those at Northwestern.

Wildcats athletic director Jim Phillips and head football coach Pat Fitzgerald were also in favor of the decision.

From Phillips:

“Our focus is, was, and will continue to be on delivering a world-class experience -- academically, socially and athletically -- every day for each of our 494 student–athletes. Both locally at Northwestern, and broadly as chairman of the NCAA Division I Council, it has been remarkable over the last several years to witness the rapid evolution of college athletics with student-athlete well-being as the top priority.

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