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The union representing the Dartmouth men’s basketball team filed an unfair labor practice complaint Wednesday against the school because it has refused to negotiate with the players on a collective bargaining agreement.
Service Employees International Union Local 560, which already represents other Dartmouth workers, said the failure to bargain was a violation of both labor law and the school’s own code of ethics.
“For nearly 60 years, Dartmouth has followed a tradition of bargaining fair and equitable union contracts with our local,” union president Chris Peck said in a statement. “It is past time for Dartmouth administration to avoid the looming financial and legal liabilities by grasping this opportunity to show leadership, as the players have, and live up to its own rhetoric regarding the importance of both community and dialogue.”
A regional director of the National Labor Relations Board ruled this spring that Dartmouth basketball players were employees of the school, clearing the way for them to unionize. The players then voted 13-2 to join SEIU Local 560.
Dartmouth responded by announcing that it would not bargain with the players — a tactic designed to force the case into court in the hopes that a federal judge would overturn the NLRB decision. “This is the only lever Dartmouth has to get this matter reviewed by a federal court,” the school said at the time.
The school said players are “students whose educational program includes athletics.”
“Athletes in the Ivy League are not employees,” Dartmouth said. “Given Dartmouth’s decades-long commitment to athletics as an extension of our academic mission, we believe the regional director has made an extraordinary mistake in finding these students are employees.”
Dartmouth is also asking for a review of the regional director’s decision by the full board.