In previous articles, we have reviewed in detail both the effort by the Dartmouth College men’s basketball team to form a union a well as expected changes coming to the National Labor Relations Board (NLRB) given the results of the November 2024 presidential election. At the heart of the issue lies the question of whether collegiate athletes should be classified as employees under U.S. labor law. In the case of the Dartmouth basketball team, this legal issue has taken on significant importance. The players, their prospective bargaining unit, the Service Employees International Union (SEIU), Dartmouth College, and the lawyers on all sides recognized the monumental implications of this effort. This unionization movement would set a precedent for collegiate athletes nationwide, challenging the long-standing tradition of categorizing them as “student-athletes” rather than workers entitled to the protections and rights afforded to employees under federal labor law. The issue, however, will now need to wait for another day. And likely weeks, months, and years.

Initially, this case was poised to make history. The SEIU, supported by the athletes, filed a petition with the NLRB, seeking to have the Dartmouth basketball team recognized as a unionized bargaining unit. This effort was part of a larger, nationwide movement to change the status of college athletes, who, despite their rigorous schedules and significant financial contributions to their schools’ athletic departments, have historically been treated as nonemployees. The legal challenges associated with this case were substantial, with the outcome potentially reshaping not only college athletics but also the broader labor landscape for collegiate athletes across the country.