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The United Student-Athletes of America: Should College Athletes Organize in Order to Protect Their Rights and Address the Ills of Intercollgiate Athletics?

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The United Student-Athletes of America: Should College Athletes Organize in Order to Protect Their Rights and Address the Ills of Intercollgiate Athletics? Vanderbilt Journal of Entertainment & Technology Law Volume 5 Issue 2 Issue 2 - Spring 2003 Article 5 2003 The United Student-Athletes of America: Should College Athletes Organize in Order to Protect Their Rights and Address the Ills of Intercollgiate Athletics? Marc Jenkins Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the Labor and Employment Law Commons Recommended Citation Marc Jenkins, The United Student-Athletes of America: Should College Athletes Organize in Order to Protect Their Rights and Address the Ills of Intercollgiate Athletics?, 5 Vanderbilt Journal of Entertainment and Technology Law 39 (2020) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol5/iss2/5 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. arch 31, 2007, the most anticipated "Final Four" in learned of a similar players' strike. That game was never the history of the NCAA basketball tournament is about played. to begin. In the opener, the Duke Blue Devils and the Fortunately, CBS replaced the NCAA basketball North Carolina Tar Heels will meet for the fourth time coverage with a Survivor Greenland marathon, but your this season. The first three games were decided on last anger persisted. The absence of labor strife and money second shots including a desperation half-court Carolina demands is the reason why you loved college sports. As buzzer beater three weeks ago in the ACC Tournament your guests left the failed party, you muttered to yourself, championship game. The Kentucky Wildcats and the Indi- "Why would college athletes want to strike? ana Hoosiers, two border rivals and college basketball pow- The events may seem incredible or unlikely.' How- erhouses, will battle in the nightcap. Kentucky triumphed ever, Ramogi Huma, a former UCLA linebacker, along with over Indiana in a triple overtime thriller in December, par current and former UCLA football players, recently formed tially due to a pivotal and controversial call by long time a "student advocacy group". 2 On January 18, 2001, with NCAA official John Clougherty Clougherty is scheduled the support of the United Steelworkers of America,3 Huma to referee the contest between theWildcats and Hoosiers. announced the formation of the Collegiate Athletes Coali- For the first time in the history of the NCAATournament, tion (CAC), which is believed to be the first attempt to all four number one seeds have made it to the "Final Four." organize student-athletes. ' The Reverend Jesse jackson The featured schools share seventeen national champion- recently joined the cause after the deaths during or after ships. Longtime college basketball analyst DickVitale died football workouts of Korey Stringer, an all-pro with the of a heart attack the night before while excitedly describing NFUs Minnesota Vikings, Rashidi Wheeler of Northwest- the match-ups for ESPNo ern, Eraste Austin of Florida, Devaughn Darling of Florida You and your friends have organized all the ele- State, three high school students and an eighth grader. ' ments for an outstanding evening of viewing college basket- The deaths ofWheelerAustin, and Darling led the CAC to ball. The keg of Budweiser is tapped, the filets are due to be urge the NCAA to institute immediate reforms to protect off the grill any minute, and the Phillips High-DefinitionTele- college athletes. 6 They want the NCAA to establish and vision with surround sound is functioning better than the enforce safety standards governing voluntary and manda- salesman at Best Buy described. The CBS pre-game show tory workouts.' They also want schools to expand health sends the telecast down to the floor of the Georgia Dome and life insurance benefits for student-athletes. 8 to commentators Jim Nantz and Billy Packer, Nantz makes Generally, Huma and the coalition's proposals are a chilling announcement. "Ladies and gentleman it appears fairly modest. They refer to the organization as a 'student that tonight's games will not take place unless the demands advocacy group" rather than a union.' In addition to the of the Collegiate Athletes Coalition are met by the NCAAY expanded life and health insurance, they seek to eliminate "Not again!" you scream at your $12,000 television. all employment restrictions during the academic yea, and Just three short months ago in celebration of a suc- increase scholarship stipends to more accurately reflect cessful IPO completion, the corporate practice group of the actual cost of attending college. 'o Huma feels these your law firm had just enjoyed a five star meal at Com proposals will help increase graduation rates and improve mander's Palace in New Orleans and were on the way the welfare of student-athletes. IHuma says he does not to seats on the Fifty yard line for the NCAA College Foot- intend to strike, 2 however, "[w]e'll definitely have tactics ball Championship between Texas and Florida when you that, ifnecessary, would be effective enough to bring about The United Student-Athletes of America: Should College Athletes Organize? changes. We're being tight-lipped in case we have to use with ABC for the broadcasting rights to four postseason them:" 3 This statement seems to indicate that the nation's bowl games. 21 In the 2001 college football season, the 50 fifth largest union might have a role to play. Also, the pres- colleges and universities that participated in bowl games ence of Jesse Jackson and Johnnie Cochran on the scene received a total of $161 million. 26 These contracts and would seem to make lawsuits more likely than cooperation. 14 other arrangements provide a steady source of income for This note will focus on the legal feasibility and prac- conferences, schools, and the NCAA. 27 ticality of forming a student-athlete players association or The SEC splits the revenue from college football union. It assumes that a strike is a possible avenue the bowl games, revenues from the NCAA basketball tourna- CAC may take in the future. Unlike the professional sports ment, and its television contracts among its member insti- unions, the make-up of athletes on college campuses is in tutions. According to Commissioner Kramer, the CBS deal constant flux. This will obviously make it harder to initiate a increased the individual payout to universities in the confer- strike. Part I of the note will concentrate on the realities of ence from $1 million to $6 million. 28 For the 1999 college major college sports and the athletes that play them. This bowl season, the SEC distributed $1.2 million to each of its background will establish why student-athletes may want to schools in addition to the individual amounts the schools form a players association. Part II will analyze the NCAA received from their bowl berths. 29 One member institu- governing structure and how a players association may fit tion, Vanderbilt University, has not been to a bowl since among this myriad of rules. Part IIIwill analyze labor law the 1982 Hall of Fame Bowl, but it continues to receive a and how it relates to the formation of a student-athlete hefty annual payment. 30 During Kramer's tenure as con- players association. Part IV will compare the famed Knight ference commissioner, the SEC has distributed $540 mil- Commission with the CAC and decide which one is better lion to member institutions. "' Combining this with the suited to lead an intercollegiate athletic reform movement. revenues at the gate for SEC basketball and football games, Finally, the proper role of a student-athlete association will the universities derive massive revenue from college sports be suggested. and the student-athletes that represent them on the playing field. While the student-athletes do not reap any direct rewards from the millions of dollars they help generate, Division I college football and basketball make up their coaches certainly do. Mike Krzyzewski, Duke Univer- a $60 billion industry. "s CBS's television contract for the sity's college basketball coach, received a $ I million signing NCAA basketball tournament from 2003 to 2013 is for bonus, a $375,000 salary, and company stock options from $6.545 billion. 16 Big Ten and Southeastern Conference Nike for having Duke's men's basketball players wear Nike football teams regularly draw greater attendance than NFL shoes. 32 This does not include any compensation received teams, and make millions of dollars from home games. 17 from Duke and other endorsements such as his weekly The individual schools, conferences, and the NCAA have coaching show and local television ads. 13 His players do been reaping the benefits of television contracts for col- not receive a dime for wearing Nike shoes. These realities lege football since 1984. Prior to 1984, the NCAA con- have caused many to charge that college athletes are being trolled all college football telecasts. 18 In 1984, the United exploited. 34 It provides fuel for the CAC's argument that States Supreme Court ruled in favor of the University student-athletes need better insurance benefits given the of Georgia and the University of Oklahoma by holding revenues they directly help produce. that the NCAA's control of telecasts constituted an illegal The blue-ribbon panel known as the Knight Com- monopoly. 9 Since that ruling, college football programs mission on College Athletics has been the most vocal critic deals. 20 have been permitted to negotiate their own TV of the commercialism of college athletics. 31 The twenty- The College Football Association, consisting of uni- eight-member panel consists of past and present univer- versities from the major athletic conferences and major sity presidents, corporate executives, and the executive independents such as Notre Dame, was formed to negoti- director of the NCAA, Cedric Dempsey.
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