Wednesday, October 28, 2026

The Ivy League Is Siding With Dartmouth Against College Athlete Unionization

  • On Tuesday, the conference filed an amicus brief with the National Labor Relations Board in support of Dartmouth’s effort to stop player employee status.
  • The Ivy League claimed in court documents that it does not control athletes or provide them with compensation, despite a ruling to the contrary.
Front Office Sports

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The Ivy League is backing Dartmouth in its legal quest to prevent college athletes from being considered employees.

On Tuesday, the conference filed an amicus brief with the National Labor Relations Board in support of Dartmouth’s position that athletes should not be allowed to unionize or receive university employee status. The school is currently in the process of appealing a February ruling stating men’s basketball players are professionals, allowing them to vote to join a union. (The players voted in March, 13–2, to join their local chapter of the Service Employees International Union.)

The entire appeal, which includes not just the Ivy League’s brief but also a multipronged strategy from Dartmouth, is yet another desperate attempt to preserve amateurism. Notably, both the Ivy League and Dartmouth have hired notorious anti-union law firms to do their bidding: Cozen O’Connor and Morgan Lewis & Bockius (who is also representing USC in an NLRB case over whether football and basketball players should be considered employees). At Dartmouth, SEIU Local 560 president Chris Peck previously told Front Office Sports he has never seen the school fight the certification of a union this hard.

The 28-page brief, reviewed by FOS, called the NLRB regional director’s decision “tortuous” and peddled the same anti-employment arguments that were already rejected. The Ivy League claimed its schools do not control athletes in a way that mirrors employment, nor do they provide adequate compensation. Instead, the conference argues that Ivy League athletics is more similar to an extracurricular activity than professional employment—an assertion that has been challenged not only in this case but also in the USC case.

Allowing athletes to be considered employees could “threaten the continued existence of intercollegiate sports in athletic conferences, like the Ivy League, which put academics at the forefront of the student’s college experience,” the brief says. In the Ivy League’s view, athletes would be incapable of focusing on academics if they got paid to play sports.

The brief goes on to suggest that Ivy League athletics do not benefit universities themselves, specifically citing the fact that Ivy League sports don’t turn a profit. “Much of the rhetoric surrounding the amateurism model stems from a misconception that student-athletes are exploited for the benefit of the institution,” the brief says. “In contrast, the Ivy League model enhances the experience of its student-athletes, including by placing academics before athletics.”

It’s unclear when there will be another ruling. The process could easily extend to the end of the year, as the NLRB’s national board must first decide whether to hear the appeal in the first place. After all, dragging out the appeals process is part of the school and conference’s strategy.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Basketball - EuroLeague - Virtus Bologna v Maccabi Tel Aviv - PalaDozza, Bologna, Italy - November 21, 2025 Virtus Bologna's Carsen Edwards reacts

NBA Europe’s Promise Comes With an Americanization Risk

“The energy around European basketball is undeniable right now.”
Apr 3, 2026; Indianapolis, IN, USA; Ernie Johnson looks on during a practice session ahead of the Final Four of the men's 2026 NCAA Tournament at Lucas Oil Stadium.

Ernie Johnson Leaving ‘Inside the NBA’ After 37 Years

He’ll still be around for March Madness and other projects for TNT and CBS.

Mavs’ Miriam Adelson Leads All Sports Owners in Midterms Spending

Adelson spent at least $67 million on Republican races.

NHL Winter Classic Weekend Expanding Amid Utah’s Sports Push

The “Winter Weekend” includes events with the Jazz, Mammoth, and a concert.
podcast thumbnail mobile
Front Office Sports Today

10/28/26 – Brewers Economy on Fire, Knicks and Rangers Split, Who Will Join Jay-Z at Halftime?

0:00

Featured Today

Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.
Oct 5, 2026; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins general manager Kyle Dubas arrives at the arena before the Penguins host the Winnipeg Jets at PPG Paints Arena
October 12, 2026

NHL’s New Wave of GMs Is Built Different

“I am in the prediction business,” Devils GM Sunny Mehta tells FOS.
Action Images/Peter Cziborra
October 9, 2026

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?

CFB Coach Firings: NC State, Maryland, Baylor Owe More Than $30M

More costly coaching changes could follow as pressure mounts across college football.
October 23, 2026

Bowl Games Face Uncertain Future With a 24-Team CFP

College football bowl game viewership rose 13% year over year in 2025.
October 23, 2026

Utah Is College Football’s PE Guinea Pig—and Its’ Cashing In

No. 10 Utah hosts No. 14 Houston on Saturday night.
Sponsored

How the New York Yankees Stay Game-Ready with Sage Intacct

See how Sage Intacct helps the Yankees streamline finances and plan for the future.
Nov 22, 2025; Austin, Texas, USA; Texas Longhorns flag on the field after a touchdown is scored during the first half against the Arkansas Razorbacks at Darrell K Royal-Texas Memorial Stadium. Mandatory Credit: Scott Wachter-Imagn Images
October 23, 2026

Kirk Goldsberry Leads Texas’s AI Push and Understands the Skeptics

Goldsberry says the program will create jobs, not cut them.
Texas Tech's Brendan Sorsby looks on during the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.
October 22, 2026

Cincinnati’s $1M Sorsby Lawsuit Hangs Over Texas Tech Showdown

One of the biggest offseason storylines returns to the spotlight on Saturday.
Oct 10, 2026; Dallas, Texas, USA; Texas Longhorns quarterback Arch Manning (16) looks on before the game between the Sooners and the Longhorns at Cotton Bowl. Mandatory Credit: Jerome Miron-Imagn Images
October 22, 2026

Arch Manning’s Slump Clouds His Draft Stock, Texas’s Investment

Draft analysts now question whether Manning should declare—or transfer.
Kentucky's Jason Patterson (26) gets by Oklahoma's Owen Heinecke (38) in the second half of the college football game between the University of Oklahoma Sooners (OU) and the Kentucky Wildcats at Gaylord Family — Oklahoma Memorial Stadium in Norman, Okla., Oct., 17, 2026.
First at FOS
October 22, 2026

Inside the First College Sports Super PAC

The PAC launched last month and hasn’t yet reported any donations.