根据众议院和参议院民主党人周四提出的一项法案,大学运动员将有权组织学校和会议,并与它们进行集体谈判。
参议员克里斯·墨菲(康涅狄格州)和参议员伯尼·桑德斯(佛蒙特州)。)公布了《大学生运动员组织权利法》。
墨菲在一份声明中说:“一流的大学体育运动已经很久没有‘业余’了,NCAA长期以来一直否认其运动员的经济和谈判权利,同时将他们视为商品。”。
这位NCAA说,该法案将“直接削弱大学的目的:获得学位。”它补充说,“把学生运动员变成工会雇员不是解决办法。”
众议院议员贾马尔·鲍曼(纽约)、安迪·莱文(密歇根州)和洛里·特拉罕(马萨诸塞州)提出了一项配套法案。).该法案将修订《国家劳动关系法》,将从学校获得直接资助的大学运动员定义为员工。
2015年,西北大学的一项大学足球运动员工会运动被国家劳动关系委员会拒绝。
墨菲和特拉罕是两党的几位联邦议员之一,他们此前提出了一项立法,允许大学运动员使用自己的名字、形象和肖像赚钱。
NCAA向国会寻求帮助,试图改革规则,允许运动员为代言、个人露面和签名付费。
几个国家,包括佛罗里达州佐治亚州和密西西比州定于7月1日生效的法律将向大学运动员开放NIL市场。
NCAA也希望在7月1日前出台新闻规则。
NCAA目前关于无收入的提案将允许运动员与第三方达成财务安排。学校将被禁止参与交易或支付运动员费用。
尽管NCAA多年来放松了对运动员薪酬的限制,但它坚持认为运动员不是雇员。
墨菲一直是国会山最直言不讳的大学运动员权利倡导者之一。他的最新法案将颠覆大学模式,帮助运动员“获得他们应得的报酬和保护”,并迫使NCAA“平等对待他们,而不是二等公民”。这是一个民权问题,也是一个基本公平的问题。”
如果墨菲的法案成为法律,运动员将被授予雇员身份,公立和私立大学都将被视为NLRA修正案下的雇主。
NLRB将把会议中的大学视为“谈判单位”的一部分
该法案还将保护体育奖学金和其他福利的税收地位,并禁止学校要求运动员放弃集体谈判的权利。
该管理机构在一份声明中表示:“NCAA及其成员学校通过奖学金(其中许多可以免除学生的全部教育费用)和许多其他福利来支持学生运动员。”。
“NCAA成员还致力于更新名称、形象和相似性规则,以便学生运动员能够从这些机会中受益。...我们将继续与国会议员合作,关注与我们的优先事项相一致的问题。”
Democrats push bill allowing college athletes to organize
College athletes would have the right to organize and collectively bargain with schools and conferences under a bill introduced Thursday by Democrats in the House and Senate.
Sen. Chris Murphy (Conn.) and Sen. Bernie Sanders (Vt.) announced the College Athletes Right to Organize Act.
“Big-time college sports haven’t been ‘amateur’ for a long time, and the NCAA has long denied its players economic and bargaining rights while treating them like commodities,” Murphy said in a statement.
This NCAA said the bill would “directly undercut the purpose of college: earning a degree.” It added that "turning student-athletes into union employees is not the answer.”
A companion bill was introduced in the House by Reps. Jamaal Bowman (N.Y.), Andy Levin (Mich.) and Lori Trahan (Mass.). The bill would amend the National Labor Relations Act to define college athletes who receive direct grant-in-aid from their schools as employees.
A movement at Northwestern to unionize college football players was rejected by the National Labor Relations Board in 2015.
Murphy and Trahan are among several federal lawmakers from both parties who have previously introduced legislation related to college athletes being permitted to earn money for use of their name, image and likeness.
The NCAA has turned to Congress for help as it tries to reform its rules to allow athletes to be paid for endorsements, personal appearances and autograph signings.
Several states, includingFlorida, Georgia and Mississippi, have laws scheduled to take effect July 1 that would open the NIL market to college athletes.
The NCAA hopes to have news rules in place by July 1 as well.
The NCAA's current proposals regarding NIL would allow athletes to enter financial arrangements with third parties. Schools would be banned from being involved in the transactions or paying athletes.
While the NCAA has loosened restrictions on how athletes can be compensated over the years, it has held firm to the notion they are not employees.
Murphy has been one of the most vocal advocates for college athlete rights on Capitol Hill. His latest bill would upend the college model, helping athletes “get the pay and protections they deserve” and forcing the NCAA to "treat them as equals rather than second-class citizens. It’s a civil rights issue, and a matter of basic fairness.”
If Murphy's bill became law, athletes would be granted employee status and both public and private colleges would deemed their employers under an amended NLRA.
The NLRB would consider colleges within a conference part of a "bargaining unit."
The bill would also protect the tax status of athletic scholarships and other benefits, and prohibit schools from asking athletes to waive the right to collectively bargain.
“The NCAA and its member schools support student-athletes through scholarships — many of which cover their full cost of education debt free — and numerous other benefits," the governing body said a statement.
“NCAA members also are committed to modernizing name, image and likeness rules so student-athletes can benefit from those opportunities. ... We will continue to work with members of Congress to focus on issues that align with our priorities."