The Petitioner contends thatfootball players (“players”) receiving grant-in-aid scholarships (“scholarship”) from the Employer are “employees” within the meaning of the Act, and therefore are entitled to choose whether or not to be represented for the purposes of collective-bargaining. The Employer, on the other hand, asserts that its football players receiving grant-in-aid scholarships are not “employees” under the Act. It further asserts that theseplayers are more akin to graduate students in
, 342 NLRB 483 (2004), whom the Board found not tobe “employees” under the Act. In the alternative, the Employer contends that its players are temporary employees who are not eligible for collective bargaining. Finally, the Employer contends that the petitioned-for-unit is arbitrary and not appropriate for bargaining.
For the reasons discussed in detail below, I find that players receiving scholarships from the Employer are “employees” under Section 2(3)of the Act. Accordingly,
IT IS HEREBY ORDERED
that an election be conducted under the direction of the Regional Director for Region 13 in the following appropriate bargaining unit:Eligible to vote are all football playersreceivingfootballgrant-in-aid scholarship and not having exhausted their playing eligibility employed by the Employer located at 1501 Central Street, Evanston, Illinois, but excluding office clerical employeesandguards, professional employees and supervisors as defined in the Act.
III.STATEMENT OF FACTSA.Background
The Employeris a private, non-profit, non-sectarian, coeducational teaching university chartered by the State of Illinois, with three campuses, including onelocated in Evanston, Illinois. It currently has an undergraduate enrollment of about 8,400students. The academic calendar year for these students is broken down into four quarters: Fall, Winter, Spring, and an optional Summer Session. The schedule for the current academic calendar year shows that classes began on September 24, 2013 and conclude on June 13, 2014.The Employer maintains an intercollegiate athletic program andis a member of the National Collegiate Athletic Association (NCAA). The NCAA is responsible for formulating and enforcing rules governing intercollegiate sportsfor participating colleges. The Employer is also a member of the Big Ten Conference and its students compete against the other 11 member schools (as well as non-conference opponents) in various sports. There are currently 19 varsity sports, which the Employer’s students can participate in at the Division I level, including 8