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First Fox: Republicans are demanding records that show the extent to which the Biden administration uses taxpayer money to defend the position that student-athletes are college employees they play.
R-Mich. , R-Ga. President Rick Allen of the National Labor Relations Board (NLRB) called for the appointment of General Advisor William Cowen. They requested full accounting of spending in the Biden administration’s long-standing lawsuit against the University of Southern California, the Pac-12 Conference and the NCAA.
President Joe Biden’s NLRB claimed that it intentionally obscures the rights of university athletes by labeling them as “student athletes” rather than “employees.”
The demand for spending from Wahlberg, who chairs the House Committee on Education and Workforce, and Allen, who chairs the House Subcommittee on Health, Employment, Labor and Pensions, comes as there is a desire to expand to Capitol Hill to enact new names, images, and similar (nil) rules for the NCAA.
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R-Mich. , R-Ga. President Rick Allen of the company wants a full accounting of how much the Biden administration has spent defending student-athletes’ rights, and claims it is important information as Congress is considering potential reforms. (Getty Images)
The change in the rules allowed student-athletes to benefit from NILs that were previously banned by the NCAA. Wahlberg and Allen’s letter said the spending record “provides important support to Congress in determining whether legislative changes are justified.”
“The committee is concerned that Biden-Harris NLRB has spent nearly three years of important taxpayer resources pursuing cases intended to curry the union’s profits,” the letter states. “The results could have disrupted inter-university athletics and stripped American students of many scholarship opportunities.”
Jennifer Abruzzo, general advisor to the NLRB during the Biden administration, issued a September 2021 memo, explaining that the National Labor Relations Act is the nation’s leading federal law protecting coalitions.[s] The conclusion is that certain players in academic institutions are legal employees.
While many have welcomed changes in how college athletes are treated, others are concerned about the potential implications of movement. Earlier this month, the Trump administration argued that a Biden administration NLRB’s September 2021 memo would allow university athletes to be recognized as employees under federal labor laws.
This month, the Trump administration also called for the guidance issued by President Joe Biden on his way out of the White House, requiring that schools distribute direct payments equally to female and male athletes.
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Government union expert and former university athlete Aaron With said he fears that the momentum will continue to move towards strictly viewing university athletes as destroying university sports.
The player announces his choice to sign USC Trojans on a national signing day at Long Beach Poly High School in Long Beach, California (via Getty Images at Chris Williams/Icon Sports/Corvis/Icon Sports Wire)
“Does the union intervene between coaches and athletes to scream at players, or is it because they’re running an extraordinary amount of lines?” withe withe. “If you are represented by the union, they are your negotiation agents now. If they are considered your employer, you are not capable of representing yourself along with the university. You are no longer capable of negotiating with them.”
Withe noted that if the move doesn’t generate enough revenue, it could lead schools to cut sports programs. This is to influencing the longstanding tradition that meritocracy is the root of athletic competition, increasing the financial burden on schools that want to keep their athletic programs competitive.
“Public institutions, they are already diverging around the costs of NIL transactions. Providing the same protections as typical employees to university athletes is simply an increase in tax burden as they are usually paid to players who are not paid.
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“It will be the most difficult to attract top-class talent,” he added. “Because you have a contract between all athletes – for example, when it comes to soccer, basketball, etc., you can’t bring a superstar, a stud quarterback with you because you can’t pay the same level as you can without a union.
A letter from Wahlberg and Allen added that under the employee-employer relationship, student-athletes may be forced to begin paying federal taxes against the scholarship fund they receive.
St. John Bosco Football Star simulates signing letters of intent at the National Signature Day event at Bellflower on December 31, 2022 (Brittany Murray/Medianews Group/Long Beach Press-Telegram
Advocates for the move to classify university athletes as employees say it’s a high time for student-athletes to start getting a portion of their finance pie.
“Colleges and universities have benefited from student-athletes for decades. It’s not the government’s job, nor is it a burden to ensure that student-athletes’ rights are respected and equitable distribution.”
“The Senate and House Labor Committee should be more concerned about the fact that the Trump administration effectively shut down agencies accused of enforcing the rights of most Americans.”
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Walter added that unionization is seen favorably among people who don’t have the option to one.
“Half of non-union workers say they’ll join unions if possible, but the unionization rate has risen by about 6% in the private sector,” she said.
“Student-athletes generate tens of millions of dollars for the university,” said Andrew Stettner, director of economics and employment at the Century Foundation. “Like others who enrich the wider existence, they have the right to comprehensively negotiate revenue sharing, workplace situations, and protection from injuries under the National Labor Relations Act.”
President Donald J. Trump, along with the image of a young athlete (Gregory Reck/Portland Press Herald via Getty, Trump Vance Transition Team)
Last year, the GOP-controlled committee on education and workforce passed laws to prevent university athletes from being considered employees, but no further progress was made. Texas GOP Sen. Ted Cruz is a supporter of NIL reform and signal plans to reform the system.
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There are no current federal laws in books regulating the NIL framework. But many states have enacted laws to allow payments for recruitment, and it was first able to come in 2019, two years before the NCAA pressured them to change the rules.
“The current world of college sports is Wild West right now,” Cruz said on a November podcast. “Name the image and portrait and open the transfer portal. We’ll deal with it.”
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