Representative Matthew Lesser
recently introduced a bill in the Connecticut legislature that
would amend the Connecticut General Statutes so that student-athletes attending
public universities and colleges would be considered employees for the purposes
of entering into and negotiating collective bargaining agreements. As the bill
is presently drafted, to be considered an employee, a student would need to
receive a scholarship for at least 900% of the cost of tuition; the scholarship
would need to be materially related to the student’s expected participation in
intercollegiate athletics; and the revenues generated by the institution for
the athletic program that the student would be participating in would need to
meet a certain threshold. Per the Hartford Courant, UConn football and basketball
players would be the only college athletes in the state who would be considered
employees if the bill is passed as-is.
Connecticut
General Statutes Section 5-271(a) provides that employees are protected in the
exercise of their right to self-organize by forming, joining, or assisting any
employee organization in collectively bargaining to resolve concerns related to
wages, hours, and employment conditions. While being able to participate in
collective bargaining may be advantageous for student-athletes, there are
concerns that the costs associated with supporting unionization could decrease
the funding that universities are able to allocate to other sports that do not
generate revenue. The NCAA has taken the position that student-athletes
should not be considered employees, and in December, Michigan Governor Rick
Snyder signed a Public Act banning student-athletes enrolled in
public universities and colleges from unionizing.
