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H.R. 3895: College Athlete Right to Organize Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jun 15, 2021.

College Athlete Right to Organize Act

This bill establishes collective bargaining rights for college athletes.

Specifically, the bill amends the National Labor Relations Act to (1) define college athlete employee as an employee of an institution of higher education if the individual receives direct compensation from the institution and such compensation requires participation in intercollegiate sports, and (2) include public institutions as employers within the context of intercollegiate sports.

The National Labor Relations Board (NLRB) must consider the colleges within an athletic conference as part of a bargaining unit with which college athletes can negotiate.

The NLRB shall have jurisdiction over all institutions of higher education within the context of intercollegiate athletics regarding collective bargaining and representation matters and labor disputes.

The bill prohibits any agreements, such as scholarship agreements, that waive the right of athletes to collectively bargain.