Plaintiffs' letter adds wrinkle to $2.8 billion NCAA settlement - ESPN
Three athletes whose lawsuits have prompted the pending $2.8 billion NCAA antitrust settlement are calling for major structural changes beyond those established through the pending settlement, including enabling college athletes to bargain collectively through an independent players' association.
The three athletes — Grant House, Sedona Prince and Nya Harrison — issued their request in a Dec. 2 letter to U.S. District Judge Claudia Wilken, who is overseeing the settlement.
Although the letter lauds the terms of the settlement, House, Prince and Harrison warned that without player representation in negotiations with their schools and conferences, athletes would «inevitably remain in a vulnerable position» and the industry would remain mired in «continued litigation.» They asked for the court to «lend its imprimatur» to athletes' efforts to collectively negotiate in the future through a players' association.
The NCAA and its schools remain adamantly opposed to athletes being viewed as employees, which is typically necessary for legally binding collective bargaining agreements. Judge Wilken is unlikely to play any role in forming or blessing a players' association, but the athletes' letter could have an impact on how she views the long-term success of the settlement.
Jeffrey Kessler, a lawyer representing the class action plaintiffs, told ESPN he doesn't think the letter, which was provided to ESPN by Athletes.org, a year-old group attempting to organize college athletes and advocate on their behalf, will derail the process.
College officials are lobbying Congress for legislation that would prevent athletes from being deemed employees and forming unions while multiple attempts to unionize athletes are proceeding through the