FOLLOW US

The National College Players Association (NCPA) requested Friday to withdraw its National Labor Relations Board (NLRB) charge against USC, the PAC-12 Conference, and the NCAA, following developments in college athlete compensation. The NCPA argued that recent laws allowing athletes to profit from their names, images, and likenesses (NIL), along with a potential revenue-sharing deal, could help achieve their goal of securing direct payment for athletes.

The group had initially filed the charge in February 2022, accusing USC of interfering with the rights of its football and basketball players by misclassifying them as nonemployees. The case, which could have set a precedent for college athletes' right to organize under the National Labor Relations Act, is currently pending a ruling after a trial concluded in April 2023.

In its motion, the NCPA stated that significant changes, including the adoption of NIL laws in several states and a new USC payment scheme, had brought the goal of compensating athletes closer to reality. These developments, they argued, should be allowed time to unfold before the case continues.

The NCPA emphasized that while the laws and agreements do not directly impact the current case, they are catalysts for progress in compensating athletes. The group requested that the NLRB not rule until all parties respond to the withdrawal request.

The NCAA expressed support for setting a sustainable future for student-athletes, but noted that employment issues are a matter for Congress. USC agreed the case should be dismissed, asserting that the athletes should not be classified as employees.

The PAC-12 has opposed the withdrawal, citing a need for further consultation. The NCPA's request is still pending a response from the NLRB.

Counsel Information

• NCPA is represented by executive director Ramogi Huma.
• NCAA is represented by Richard Pins, Naima Starks, Joseph Santucci, and Nicole Faulkner of Stinson LLP.
• USC is represented by Adam Abrahms, Neresa De Biasi, and Nicole Buffalano of Morgan Lewis & Bockius LLP.
• PAC-12 is represented by Daniel Nash, James Crowley, and Stacey Eisenstein of Akin Gump Strauss Hauer & Feld LLP.

Case Details
USC et al. and National Collegiate Players Association, case number 31-CA-290326, in the NLRB Division of Judges.