Lounges. Student athletes also receive financial benefits which help them progress to a degree completion. The tuition and board fees for educational answers. The purpose and offering financial assist answers to encourage to complete their Academic Work in the vast majority do. The legal issue of employee status is ultimately a matter of congressional and 10 and we agree with that. In the instance however, the direct or has mechanically and we believe erroneously applied a rigidly wooden tasks draw from that, mom, notwithstanding his chairman suggested, the absence of any congressional intent athletics as an employment dania. The private institution creates a dichotomy. For example, the decision rightly knows the northwestern universitys nonsectarian. But the nlrb has been struggling in various dimensions with religious liberty limitation on its own jurisdiction. So we should reasonably expect some private religious affiliated universities to challenge the Voice Authority to be regulating Institutional Missions expressly grounded in a religious view. The second and more structurally significant disparity is the decision in pacifics question of state institutions in intercollegiate ethics, private universities compete the same institution in this will likely create many discrepant these. Thank you. Mr. Livingstone, here recognized. Good morning, mr. Chairman and members of the committee. As the Supreme Court is to become the principles developed for the industrial setting cannot be imposed in the academic world. While fully support purposes allowing employees whether or not to form a labor union. The nlrb itself has recognized a problem of attempting to force the Student University it into the traditional employer employee framework that problem is apparent. The universe via primary Mission Mission is to educate his students included studentathletes. Do not think there neither hired by a college nor providing little services. At least theres units who are participating the programs with the tool and role as both student and not late trading these participants as employees were a student at late professional athlete are also students. But even as studentathletes could be considered employees, the term is undefined in the nl ira, employee status conflicts with the principles in that act. Consistent consist of and agreements from other industries, they can negotiate over the scheduling duration of practice time, distribution of playing time from the scholarship allocation by dollar value and play a position nondarkening players come in this case walk ons, the right to playing games. In a broad range of statutory wages, hours another term and conditions of employment described in the nlrb precedent. They can negotiate academic standards, including minimum grade point average, requirements, the number of fourmonth examination papers in any course. Grievance procedures to challenge a professors great and even potentially graduation requirements. Unlike with statutory requirements, the college cannot refuse to bargain over changes to its own conference or ncaa rules. Eventual differences in the conditions under which collegiate teams practice and compete will guarantee competitive imbalances. If College Football players or employees, the nlra makes it clear they will organize an appropriate bargaining unit, not the most appropriate bargaining unit. Because the petition for unit will be considered appropriate and must larger or now shares an Overwhelming Community of interest with that group, the color should have difficulty proving the remainder of the Football Team shares an Overwhelming Community ventures juicy to represent just the teams quarterbacks. Different rules among discrete groups that compare to what will happen under different work rules negotiated with respective unions. In professional sports, every team is a private employer renders the nlras jurisdiction that can therefore be covered under a single collective Bargaining Agreement. The major professional sports leagues have their own multiemployer collective Bargaining Agreement to cover the leak and all of its teams. Those agreements provide a relatively level Playing Field whether a salary caps, minimum wage progressions come in free agency, drug testing protocols, even revenuesharing. Unlike National League scum of the same will not be turned College Football because its jurisdiction is limited to the private employers the nlrb is creating rules for athletes and only 17 schools. Fewer than 15 of the participants. Its almost certain the regime for recognizing and bargaining with union will not apply to the remaining 80 factors and better public universities governed by his date and beyond the nlrb jurisdiction. Some states expressly made it Public Sector bargaining. Others off and are limited to certain objects or types of employees. Other states that no laws or prohibit Public Sector beckoning entirely. A bill before ohio house of representatives clarifies this did not plate at Public Colleges and universities are not employees. Conversely, connecticut legislators indicate build reduce legislation stating that Public College athlete are in fact employees. But that unified collective Bargaining Agreement like the nba or nfl, every college team must send for help with its employee athletes. Athletic departments that can afford it may be able to hire the best employers. Institutions with fortunes of job offers are not as robust may attract lesser talent. The resulting patchwork of conflicting statuses as employees are not bargaining rights, labor contracts as inaptly rolls will create competitive imbalances. The National Labor relations act is not an appropriate vehicle with disputes athletic conferences or the ncaa. For these are the other reasons in my writ testimony with the studentathletes of employees covered the nlrb is simply unworkable. Mr. Chairman and members of the committee, thank you for the opportunity to share my thoughts with you today. Thank you. Mr. Schwartz, you are recognized. Chairman kline, thank you for allowing me to testify in issues related to College Football. I minishorts, economist who is antitrust and economics the College Words. The partner with the us cayard testifies olea mail behalf. As members of the committee now, the nlrb authorized an election for northwestern football athletes set to start it want to provide a few facts of those proceedings. Scholarship football athletes at northwestern develop 40 to 60 hours per week during the fivemonth season in 15 to 25 hours or read the rest of the year. They receive academic credit. Theyre not super that faculty and football is not a direct part of the curriculum of undergraduate majors. I understand the panels focused on unintended consequences of a messy College Football so i want to explain the biggest threat to College Words from collective action is the current price fixing ncaa. Im focused on how division i schools including mandolin at stanford stifle economic competition through pollution to impose limits on all forms of comp patient. College football is an enormously Popular Consumer product that generates passion from seeing them believe the revenues from schools for broadcast Television Networks for merchandise companies. Fbs football is a professional sports industry. Football and reported 3. 2 billion in revenue in the most recent federal filings. Do i backslide it to another 1. 4 billion. Individual athletic departments regularly generate more revenue and almost all nhl and nba teams. Former ncaa president myles brand x and maximizing revenue was the only responsible path for College Sports. Thats exactly how he diapered as they should behave. Theres an economic darkside which is price fixing. The nlra antitrust laws Work Together to make sure when they perform partnerships, negotiations are failing at a choice failing industry since allocating a nice collective collectivebargaining path or more freemarket approach given by the antitrust laws. Given the onesided power imposed by collusion come its not surprising players have turned to vapor lock into unionization for a modicum of countervailing arcane power. Other american sport negotiating with the union to achieve a competitive outcome. Leeks generally encourage unionization. In 2011 the nfl players thought to minireunion, but the nfl went to court to demand they remain the union. Again the players wishes. As an economist, focus on the free market value, which is high, but it did in the capital is focused things. Enhancing educational safety component of bargains and radical coverage, reducing head trauma on improving Graduation Rates and establishing Educational Trust fund to ensure athletes can finish their degrees. Because the time of limits also might i point to make the rest for question period. Because most athletes do not want to work in the nfl, ncaa collusion effectively denies 90 fibers and are more of College Athletes are therefore best for 13 years that their entire career. For some, those navy therefore best earning years. And if i would go to that place hasnt had funneled to coaches and elaborate recruiting policies. College football coaches make as much as 7 million a year. Shunting money to coaches also deprives women athletes of title ix matching funds. Collusion shifts the burden from a private school at northwestern to taxpayerfunded holograms, sometimes the fans or by forcing students to leave school to support their families. The current tax code exempt from taxation the tuition portion of the next scholarships as well as tuition remission beats University Employees as part of a broader compensation package. Nothing in the ruling should change that initiative, congress itself has the power to make sure it doesnt happen. Finally, d c limits Consumer Choice at this centrally planned onesizefitsall product offering. I also want to say that turned studentathletes itself was created to dodge legal responsibilities for athletes safety and to avoid economic competition. The resources for new tv deals alone are sufficient for orderly transition from a commandandcontrol economy to a marketbased one. Americans have the legal right to economic markets free of collusion. Until that right is respected for College Athletes, of course they will see collective alternatives. An athlete who has bargain individually or collect way to ensure he is well fed, given rail access to a full range of majors at the school. The flower head trauma and a lifelong disabilities going to be in a better position to benefit from a true education in a hungrier concussed factly forced into a deadend nature. Thank you for your time. Thank you. Chairman kline chimeric member miller and members of the committee, i am pleased to be here to provide comments about the extent of studentathletes at stanford university. The comments are specific to stanford and are not focused on the details of the case currently before the National Labor relations board, but i hope to help the lemonade some of the larger issues addressed today. Stanford has 7000 undergraduate and a nearly 9000 graduates to hear the university recognized internationally for academic quality. We offer 36 varsity sports, try for women in exchange for men. 900 students participate in intercollegiate sports. 53 of men and 43 of women. The most successful programming in the sports for the last 19 years. We are proud of the athletic achievements arrested not rates. But i want to emphasize in my testimony this morning is that than athletics we never lose sight of the larger mission. Danford is a University First and Academic Mission comes first. The most important thing for athletes walk out the door with the stanford degree. 97 senator studentathletes achieve this goal, including 93 of studentathletes. The athletic experience is not pursued at the expense or separate and apart. Each enhances the other. One out of every undergraduate students at stanford as a student athlete. This is not a separate group. Having a separate experience from the rest of the student in other capacities. I discussed these issues were extensively. I want to address the relationship that i revenue from athletics is used. The stanford football manifest will generate revenue through ticket sales and tv contracts. The vast majority 36 sports do not. All the revenue the university receives from the sport is used to support the overall athletic or graham i others are likewise interested in improving studentathletes across the country. Thank you. Thank you. Mr. Eilers. Mr. Chairman, Ranking Member miller, thank you for the opportunity to appear before you today present the ongoing quest to improve the environment for studentathletes on College Campuses. Before i do so, i would like to make one comment on strictly my own. Although i was a student at it at the university of notre dame and later obtained a masters degree from graduate school of management at northwestern university, i do not speak for nor do we represent these institutions. I speak only for myself. I graduated from university of notre dame in 1889 with a bachelor of science degree in biology and also pursuing a second undergraduate degree in mechanical engineering, which i received a year later. Wire is a student at notre dame i played for your sparsity fuzzball and also played on varsity baseball team. A transfer from Yale University to begin myself react and had a fifth year of academic eligibility affording me the opportunity to complete my second degree. I transferred to notre dame to pursue excellence in the classroom and on the football field. I felt notre dame offered me the opportunity to do well in both. While it lets me see, is certainly was achievable. The infrastructure was and remains in place to assist studentathletes to achieve notre dame. I have a daughter who is currently a collegiate studentathletes are. A witness even further improvements such as mandatory for all incoming athletes. I am not an attorney and first in law, so i will leave the legal argument to the experts to my right. The impetus for todays panel is the nlrb ruling that College Athletes are deemed employees, which would enable them to potentially unionize under the National Labor relations act. The union pursued as a means to an end, a vehicle if you will to implement improvements to our athletic system. Theres little debate about necessary logical improvements, which i will describe. I believe the debate today should instead be focused on seeking the most effect vehicle to cause the implementation of these improvements. The crux of the problem is that the student athlete should be students first and foremost. I am concerned College Athletes employees will make that system more of a business than it rdas. In my mind, we need to gravitate collegiate athletics toward the student centric model, not the other way around. I also worry about the unintended consequence of being deemed an employee in what unionization could bring to College Athletics. That said is a former student not late, i support many of the goals of the National CollegePlayers Association and the College Athletes Players Association that the Ranking Member describing friend. Ive mandated for your scholarships, Health Insurance benefits inspected. I will address transfer eligibility briefly. For your scholarship as a student athlete should maintain an athletic scholarship for at least four, debatable five years in the date you enter college, assuming you maintain the school is academic and disciplinary standards made up of colleges and universities, but also affiliated groups, end of quote. Perhaps because of this Charter Committee appears to me the ncaa may not have been able to take that this premise to verse membership on these issues. I dont have a solution to this problem, but i question the need to unionize, to effectuate the implementation of these initiatives. One final note come it is difficult to maintain that we truly have a student athlete system given the relatively low Graduation Rates for studentathletes at many institutions across the country. This is not an acceptable outcome and i dont see how classified the studentathletes at the employees is going to improve the situation. Finally, i was a student at that at notre dame. I was not an employee at the university nor did i want to be one. Conversely, i played six years professional football including three here for the redskins where i was an employee and i wanted to be one. Thank you. I would be pleased to answer any questions you have. Thank you. Think of the witnesses. Panel of true experts. Because your honor voltaire, mr. Mr. Eilers, i will start with you. A guy from st. Paul going on to do other things. Notre dame youre part of a National Championship tea