A regional official at the National Labor Relations Board decided that Dartmouth basketball players are employees of the school, clearing the way for an election that would create the first union for NCAA athletes.
All 15 members of the Dartmouth men's basketball team signed a petition in September asking to join Local 560 of the Service Employees International Union, which already represents some other employees at the Ivy League school in Hanover, New Hampshire. Unionization would allow players to negotiate not only salary but also working conditions, including practice hours and travel.
The NCAA and universities across the country have stood firm in insisting that their athletes be students, not employees.
The school can still appeal the regional director's decision to the national board; That's what happened when members of Northwestern's football team held a union election in 2014. If appealed, ballots would be confiscated pending a ruling.
Northwest ballots were destroyed after the NLRB, which governs only private employers, decided that allowing football players to attend the Big Ten's only private school would disrupt the job market in the conference. It did not address the question of whether the players were employees. All eight Ivy League schools are private.
There is also a complaint to a different body than the NLRB in California that claims USC football and basketball players should be considered employees.