(04-21-2024 10:34 AM)Frank the Tank Wrote: (04-20-2024 01:47 PM)ouflak Wrote: (04-20-2024 12:57 PM)bullet Wrote: What is relevant is that the courts are looking at the athletes as employees. And college employees are starting to unionize.
Are any of those public employees able to command 6 and 7 figure NIL deals? Are any of them in a position to transfer to another college negotiating a deal that is even 5 or 6 figures higher the next year? If any of those employees were in such a position, but the union membership meant limiting their NIL deals to a few tens of thousands of dollars tops, and that they had to stay at the college for the entire length of their career, would any of them join that union?
Note: My questions refer to public colleges.
A collective bargaining agreement doesn’t inherently mean that outside NIL compensation is restricted. That certainly isn’t the case in pro sports leagues: the players are all in unions, but no one restricts outside NIL/endorsement income. My guess is that college compensation will look like the WNBA: everyone gets a minimal salary under a labor agreement (plus a scholarship in the case of colleges), but a star like Caitlin Clark can make as much outside endorsement income as the market is willing to provide.
Ofcourse. However can you actually find a forum post (any forum), or pundit article, or blog of anybody, even resepected poster-pundits-bloggers, that don't specifically target capping NIL when they mention a union/collective bargaining? Your post may literally be the very first on the internet to even suggest the idea.
But I still say that rules out a union. Because controlling the student athletes financially and freedom-of-movement-wise is really the only reason the schools would be interested in dealing with a union. If a union can't offer that most basic quality, no deal. They'll just continue playing on the open-market-wild-west we have now. There's also no incentive for the non-top-NIL-earner student athletes. They get to pay union dues for what? Minimum wage and restricted ability to transfer (maybe no ability at all?)? What good is that for them? Unless they can get in on the big money NIL action, even perhaps getting slice of what's paid to the 4/5 stars, its pointless and maybe even
costs them more money than not being in a union as their fees would be subtracted out of their minimum wage. I mean I guess they could organize and threaten to strike and see if they can't coax/coerce the big-name players to join with them, but they are a
lot more replaceable than the top starters and star players, especially in an industry with open transfers. And the way these NIL deals seemed to generally be structed, the superstars get paid even if they don't see the field.
I just don't see it happening.
(04-21-2024 10:35 AM)bullet Wrote: (04-20-2024 01:47 PM)ouflak Wrote: (04-20-2024 12:57 PM)bullet Wrote: What is relevant is that the courts are looking at the athletes as employees. And college employees are starting to unionize.
Are any of those public employees able to command 6 and 7 figure NIL deals? Are any of them in a position to transfer to another college negotiating a deal that is even 5 or 6 figures higher the next year? If any of those employees were in such a position, but the union membership meant limiting their NIL deals to a few tens of thousands of dollars tops, and that they had to stay at the college for the entire length of their career, would any of them join that union?
Note: My questions refer to public colleges.
MLBPA, NFLPA, NBAPA. (or whatever the pro unions specific names are)
Those are unions with private organizations. They are not unions for federally funded public institutions which have a very strict set of established laws and even a recent Supreme Court ruling that rings a pretty tight solid fence around what those institutions and their unions can and can't do. That's why I was specific to say
public colleges. USC, Notre Dame, TCU can indeed all become union shops if they so choose, just like the MLB, NFL, and NBA have chosen to do. I don't think those schools will as they would be crushed competively by all of their peer institutions that have players making unrestricted NIL. But the private schools atleast could realistically and feasibly do it.
At the federally funded public institutions, no one can be forced to join a union as a requirement for employment (nor can lack of union membership be considered). No non-union employee can be forced to follow a union contract that the federally funded institution may have entered into as that's been recently ruled unconstitutional. Outside of unrealistic dystopian alternate-universe suggestions, I don't see how you can alter reality to make a union work for student athletes.