Northwestern players take step toward unionization

35 Comments

A movement seeking a landmark shift in the landscape of college athletics in general and football specifically has taken another, potentially monumental step in that direction.

ESPN’s Outside the Lines is reporting Tuesday that “Ramogi Huma, president of the National College Players Association, filed a petition in Chicago on behalf of football players at Northwestern University, submitting the form at the regional office of the National Labor Relations Board.”  It marks the first step in those players — a group officially called the College Athletes Players Association — being recognized by/as a union and as employees of the university.

The CAPA, OTL reports, was created by, among others, Huma and Wildcats quarterback Kain Colter.

Colter was part of a movement last fall with the tagline “All Players United.”  Colter, several of his teammates and players from Georgia and Georgia Tech all scribbled the acronym “APU” somewhere on their (university-issued) football equipment as part of the “protest.”

In addition to the filing of paperwork, union cards signed by what Huma, a former UCLA linebacker, described as “a vast majority” of the Northwestern football players on scholarship were filed with the regional NLRB.  The website wrote that “to have the NLRB consider a petition to be unionized, at least 30 percent of the members of a group serving an employer must sign union cards.”  Only the players on scholarship — the NCAA limit of 85 — were permitted to sign union cards, meaning walk-ons are excluded from the group.

The NCPA — and ultimately the CAPA — has the backing of the powerful United Steelworkers union.

For now, the goals of the NCPA/CAPA are “better concussion and other medical protections, and for scholarships to cover the full cost of attendance” as well as “a trust fund that players could tap into after their NCAA eligibility expires to finish schooling or be rewarded for finishing schooling.”  Huma declined to rule out the union, if it’s certified, pushing for universities to pay salaries to the players, which would initially include only those involved in football and basketball.

For Colter, though, there’s one overwhelming issue on the agenda in the here and now.

“Money is far from priority No. 1 on our list of goals. The health of the players is No. 1,” the quarterback told Yahoo! Sports. “Right now the NCAA does not require or guarantee that any university or institution covers any sports-related medical expenses. Student-athletes should never have to worry about if their sports-related medical bills are taken care of.”

A certification that leads to such guarantees, however, is likely many, many years down the road and will face numerous obstacles as both universities and the NCAA push back.

First, this union push, for the moment, applies only to private institutions such as Northwestern.  Public universities, which make up the vast majority of FBS institutions, are under the jurisdiction of state laws, not federal.  And those laws at the non-federal level vary widely from state to state, which could open yet another Pandora’s Box, as explained by the esteemed John Infante of the Bylaw Blog:

Assuming a crushing victory by the student-athletes and union organizers, there would still be the issue of public universities. In theory, student-athletes at public universities who became employees would be state workers, whose unionization and collective bargaining rights are governed by state law. Years from now the end result could be many different sets of rules applied at different public and private colleges in different states because of the different collective bargaining rights.

In other words, if the players are successful and unionize to the point that public universities are involved –players at those schools would need to take their case to their individual state boards — you could see football programs within the same conference, depending on where the rights are collectively bargained, operating under myriad different sets of rules — and rates of pay.  And you thought recruiting in the SEC was a free-for-all now?

Any ruling in favor of the athletes will most certainly be appealed by the universities.  The most likely result is years of motions and counter motions at the federal court level, with Colter and his group prepared to fight this all the way to the Supreme Court of the United States if necessary.

While Dan Wetzel states very plainly in his Yahoo! piece that “[t]his will be a war of attrition,” Infante offers up a simple solution to a problem that will become more complex — for both sides — as the lawyers’ billable hours do nothing but grow.

All of this begs to be resolved in one fell swoop (at least for the time being) by Congress passing a comprehensive NCAA reform act, which provides the protections the student-athletes are asking for in exchange for avoiding the employee designation and having different NCAA rules on a conference or institutional basis. The question now is whether Congress could get such a bill together and whether the NCAA sees discretion as the better part of valor and federal regulation as the lesser of two evils.

Watch your backs, though, players. There’s snakes in them there D.C. Beltway suits.  Be careful if you go the Congressional route.

BYU wearing special patch in honor of LaVell Edwards

BYU Athletics
Leave a comment

BYU got the summer media day fun started on Friday with their football media day. BYU tends to pull out all the stops on its media day with coach and player interviews, alumni returning, and a handful of announcements about the future of the program. In addition to news about their relationship with ESPN, BYU also announced the football team will be sporting a patch this season in honor of the late LaVell Edwards.

In addition to players wearing the patch on their jerseys, BYU coaches will also wear the patch on their sleeves.

Edwards passed away in December at the age of 86. The BYU coaching legend spent 29 seasons on the sidelines in Provo and accumulated 257 wins along the way. Among those was a national championship season in 1984, which remains the most recent national championship to be claimed by a program not currently in a power conference. Edwards took 22 BYU teams to a bowl game.

Now if we can just keep getting BYU to stick to that lighter shade of blue as their main home uniform, we’ll be in great shape.

Former Vanderbilt football player Brandon Banks found guilty of rape

Photo by Ed Zurga/Getty Images
1 Comment

Former Vanderbilt football player Brandon Banks was convicted by a jury on Friday for rape of a female Vanderbilt student. Following 15 hours of jury deliberations, the verdict of guilty on one count of aggravated rape and one count of aggravated sexual battery was in.

”He’s shocked but understands that this is only the first part of this process, there’s a lot more to do from here on,” Banks’ lawyer, Mark Scruggs, said after the verdict. ”We have some really good issues to raise.”

Part of Banks’ defense was built on succumbing to peer pressure, suggesting he feared he may be beaten up by teammates if he did not participate in the scandalous activity. The jury, having reviewed videos and photos from the incident, some of which were shot by Banks, determined that was not a viable defense.

”Making fun of another person is not right, but we know it happens,” Assistant District Attorney Roger Moore said in closing arguments, according to the Associated Press. ”But it doesn’t give you a legal defense to commit a crime, particularly not an aggravated rape, an aggravated sexual battery. I mean if that’s the case, then we’d have the ‘football team defense.”’

Banks will serve a minimum of 15 years in prison. One count of aggravated rape has a minimum sentence of 15 years.

Other former Vanderbilt players had previously been convicted for their roles in the 2013 rape. Cory Batey was found guilty of aggravated rape and sentenced to 15-25 years in prison in April 2016. Brandon Vandenbeurg was found guilty and sentenced to 17 years in prison.

California’s state-funded travel ban to discriminating states raises mild football scheduling concerns

Photo by Bob Levey/Getty Images
10 Comments

The state of California is banning state-funded travel to the states of Texas, Alabama, Kentucky, and South Dakota. Those states are added to the previous state-funded travel bans that included Kansas, Mississippi, North Carolina, and Tennessee due to what California lawmakers say are laws that allow for discrimination against gay and transgender people.

So what does this have to do with college football? My colleague, Bryan, notes this latest decision from the state means scheduling any potential road games for a handful of schools just got a tad trickier.

This development poses a couple of issues for some California schools to address moving forward.

San Jose State is the school affected by this latest news right off the bat. San Jose State has a road game scheduled at Texas on September 9 this season. San Jose State may have to rely on some of that guaranteed money from Texas to cover the expenses, which would put a dent in the total takeaway from playing the game in the first place.

Cal is also scheduled to play at North Carolina on September 2. Cal also plays at TCU in 2021 and at Auburn in 2024. If the ban is still in operation at those times, then Cal will have to budget ahead of time to tackle the expenses. UCLA will play at Memphis on September 19.

The state-funded travel ban to these states may not be an issue for the postseason, as bowl game expenses tend to be carried by the conference and their revenue shares.

Fresno State has a road game at Texas A&M scheduled in 2020. San Diego State has no future scheduling hassles to worry about for the time being.

When ‘physically, mentally ready,’ door wide open for Keyshawn Johnson Jr.’s return to Nebraska

Getty Images
Leave a comment

Keyshawn Johnson Jr. has yet to play a down for Nebraska, but, if it’s up to Mike Riley, he will at some point down the road.

Earlier this month, the son of former USC great Keyshawn Johnson was cited for marijuana possession and possession of drug paraphernalia.  This past week, the younger Johnson decided to take a leave of absence, with his father stating that his son needed some time to “mature” and will not play for the Cornhuskers in 2017.

Left open at the time was the question of whether Johnson Jr. would ever play for the ‘Huskers, period.  Friday, Riley left the door wide open for a return.

“We’re disappointed that he’s not here with us right now today,” the head coach said according to the Lincoln Journal-Star. “I think there’s kind of a wellness factor for Keyshawn going home. We talked to him about the possibility of maybe enrolling part time and taking care of his progress toward his degree, and also getting in great shape.

“And we opened the door for return, which is just kind of left open that we’ll deal with at the time that he is physically and mentally ready to do that.”

A three-star 2017 signee who was an early enrollee and participated in spring practice, the younger Johnson had been expected to be an immediate contributor for the Cornhuskers this season.