A Union of Amateurs: A Legal Blueprint to Reshape Big-Time College Athletics

College athletes have generated billions in revenue while remaining denied compensation and collective bargaining power. This article traces historical labor disputes in college sports—from the 1936 Howard University football strike to the 1995 NCAA players' boycott during March Madness—demonstrating that athlete unionization is neither novel nor theoretical. The authors argue that existing labor law, including the National Labor Relations Act and doctrines protecting concerted activity under NLRB v. Washington Aluminum Co., already shield college athletes' organizing efforts. The article proposes a framework enabling athletes to form unions and negotiate directly with the NCAA, addressing scholarships, working hours, medical care, and revenue sharing. By examining the National College Players Association's 2011 petition drive and unsuccessful player movements, the authors demonstrate that labor law's protection of concerted activity applies equally to amateur athletes, rendering the NCAA's amateur classification legally irrelevant to union rights. This analysis challenges the mythology that college athletics must remain non-professional.

Topics: Labor & Employment · Constitutional Law · Administrative Law

Keywords: NCAA · collective bargaining · concerted activity · NLRB · March Madness · amateur athlete classification · labor unionization