Relates to collective bargaining rights for college athletes; authorizes the public employment relations board to exercise jurisdiction over institutions of higher education and college student athlete employees of such institutions in relation to all collective bargaining matters.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8153
SPONSOR: Solages TITLE OF BILL:
An act to amend the labor law, in relation to collective bargaining
rights for college athletes, and authorizes the public employment
relations board to exercise jurisdiction over institutions of higher
education and college student athlete employees of such institutions in
relation to all collective bargaining matters
PURPOSE:
To amend the labor law, in relation to collective bargaining rights for
college athletes, and authorizes the public employment relations board
to exercise jurisdiction over institutions of higher education and
college student athlete employees of such institutions in relation to
all collective bargaining matters
SUMMARY:
Section 1: Short Title: This act shall be known and may be cited as the
"New York College Athlete Right to Organize Act"
Section 2: contains the legislative intent
Section 3: adds a new section to the labor law establishing the collec-
tive bargaining rights of college athletes and its parameters.
Section 4: defines employer
Section 5: defines employee
Section 6: defines grant-in-aid
Section 7: sets standards for forms of financial compensation in
relation to the National Labor Relations Act
Section 8: sets the severability clause
Section 9: sets the effective date
JUSTIFICATION:
Recently, the NCAA Board of Governors has taken steps to adopt a name,
image, and likeness policy for collegiate athletes. The goal of the
waiver is to give athletes the ability to take advantage of NIL sponsor-
ship opportunities without fear of violating NCAA rules. This legis-
lation takes the next step in bringing parity to the college sports
industry by empowering athletes to advocate for and protect their
careers.
Currently, collegiate athletes, although the foundation of the multi-
billion dollar sports enterprise in the United States, do not have a
proper method to advocate for improved working conditions, fair wages,
or benefits. This legislation would empower collegiate athletes within
the state to participate in various labor agreements granting them simi-
lar rights as other industry rank and file employees.
FISCAL IMPACT:
None to the State
LEGISLATIVE HISTORY:
New Bill
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that this act
shall be deemed repealed if any federal agency determines in writing
that this act would render New York state or any student athlete ineli-
gible for the receipt of federal funds or any court of competent juris-
diction finally determines that this act would render New York state out
of compliance with federal law or regulation provided, further, that the
commissioner of labor shall notify the legislative bill drafting commis-
sion upon the occurrence of such determination in order that the commis-
sion may maintain an accurate and timely effective data base of the
official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
