NLRB Lodges Complaint (highlighted word-by-word here) Against USC, Pac-12 and NCAA

The following is the actual complaint:

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 31 UNIVERSITY OF SOUTHERN CALIFORNIA; PAC-12 CONFERENCE; NATIONAL COLLEGIATE ATHLETICS ASSOCIATION Joint Employers and Case No. 31-CA-290326 NATIONAL COLLEGE PLAYERS ASSOCIATION COMPLAINT AND NOTICE OF HEARING This Complaint and Notice of Hearing is based on a charge filed by National College Players Association (“the Charging Party”). It is issued pursuant to Section 10(b) of the National Labor Relations Act (“the Act”), 29 U.S.C. § 151 et seq., and Section 102.15 of the Rules and Regulations of the National Labor Relations Board (“the Board”) and alleges that the University of Southern California (“Respondent USC”); Pac-12 Conference, (“Respondent Pac-12); and the National College Athletics Association (“Respondent NCAA”) (collectively “Respondents”) have violated the Act as described below. 1. (a) The charge in this proceeding was filed by the Charging Party on February 8, 2022, and a copy was served on Respondents by U.S. mail on February 9, 2022. (b) The first amended charge in this proceeding was filed by the Charging Party on February 22, 2022, and a copy was served on Respondents by U.S. mail on February 23, 2022. 2. (a) At all material times, Respondent NCAA has been a private enterprise that sets common rules and standards governing collegiate competitions, with headquarter offices and 2 a place of business located in Indianapolis, IN. It has approximately 1,100 colleges and universities as members organized into three divisions. (b) Annually, Respondent NCAA, in conducting its business operations, has purchased and received goods and services directly from entities located outside of the State of Indiana valued in excess of $50,000. (c) At all material times, Respondent NCAA has been an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. 3. (a) At all material times, Respondent Pac-12 has been an unincorporated nonprofit collegiate athletic conference in the western United States with offices and a principal place of business located in San Francisco, CA and has been engaged in sponsoring 11 men’s sports and 13 women’s sports, including football and basketball. (b) In conducting its operations during the 12-month period ending May 11, 2022, Respondent Pac-12, provided services valued in excess of $50,000.00 in States other than the State of California. (c) At all material times, Respondent Pac-12 has been an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. 4. (a) At all material times, Respondent USC has been a California corporation with an office and principal place of business in Los Angeles, California, where it is engaged in the business of providing higher education. (b) In conducting its operations during the 12-month period ending June 6, 2022, Respondent USC, derived gross revenues in excess of $1,000,000 and purchased and received goods and materials valued in excess of $5,000 directly from points located outside the State of California. 3 (c) At all material times, Respondent USC has been an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. 5. (a) At all material times, Respondent NCAA has been a private enterprise that sets common rules and standards governing collegiate competitions, with approximately 1,100 colleges and universities as members organized into three divisions. Each division is divided into conferences, with each division having its own governing structure. (b) At all material times, Respondent Pac-12 has been one of the non-profit athletic conferences described above in paragraph 5(a) and is a member of NCAA. (c) Respondent USC currently is part of the Pac-12 conference. (d) At all material times, Respondent USC was a member of Respondents Pac-12 and NCAA and has agreed to follow their rules and standards governing collegiate competitions. (e) At all material times, Respondents Pac-12 and NCAA possessed and/or exercised control over the labor relations policies of Respondent USC’s scholarship and nonscholarship/walk-on players on the football and both women’s and men’s basketball teams, herein called “Players at Academic Institutions” or “Players,” and/or administered a common labor policy with Respondent USC with respect to the Players. (f) At all material times, Respondent USC, Respondent Pac-12 and Respondent NCAA have been joint employers of the Players. 6. At all material times, Respondent USC has maintained the following rules in its USC Athletics Student-Athlete Handbook and its Social Media Policy & Guidelines for Student Athletes: (a) Interviews 4 We ask the media to direct all interview requests through the sports information office. We will contact you and work around your athletic, academic and social schedules. You’ll be asked to come to the sports information office at an agreed-upon time to be interviewed in person or to conduct a phone interview. . . When doing interviews: * * * • Be positive. * * * • Smile and have fun (b) Social Media Policy and Guidelines An Important Message About Social Media * * * Because the Internet can be accessed by anyone, it is recommended that student-athletes [sic] do not post information— including photographs and text—and/or join “groups” that do not promote positive behavior. . . Inappropriate language, behavior or postings, as well as postings that violate NCAA rules, could lead to repercussions from the USC athletic department. * * * Put your viewing setting on “Private” so only your friends can see your postings. * * * Set your security settings so that only your friends can view your profile. * * * Do not post anything that would embarrass USC, your team or your family. (c) Social Media Policy & Guidelines for Student Athletes . . . . As leaders[,] you have the responsibility to portray yourself, USC, your team, your University and yourselves in a positive manner at all times. . . . * * * Examples of inappropriate and offensive behaviors concerning participation in online communities may include . . . Information that is sensitive or personal in nature or is proprietary to the USC Athletic Department or the University, which is not public information (examples: tentative or future team schedules, studentathlete injuries and eligibility status, travel plans/ itineraries or information). . . . 5 * * * If you are ever in doubt of the appropriateness of your online public material, consider whether it upholds and positively reflects your own values and ethics as well as the USC Athletic Department’s and University’s. Remember, always present a positive image and don’t do anything to embarrass yourself, the team, your family or the University. 7. (a) At all material times, the Players have been and are employees within the meaning of Section 2(3) of the Act. (b) At all material times Respondents, both jointly and severally, have misclassified the Players as non-employee student athletes, including in the USC Athletics Student-Athlete Handbook. (c) Respondents, both jointly and severally, have maintained the misclassification described above in paragraph 7(b) to intentionally deprive the Players of their rights under Section 7 of the Act and to discourage employees from engaging in protected concerted activities. 8. By the conduct described above in paragraphs 6 and 7, Respondents have been interfering with, restraining, and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act. 9. The unfair labor practices of Respondent described above affect commerce within the meaning of Section 2(6) and (7) of the Act. WHEREFORE, as part of the remedy for the unfair labor practices alleged above in paragraph 7, the General Counsel seeks an Order requiring Respondents to: i. Cease and desist from misclassifying the Players as non-employee “studentathletes;” and 6 ii. Reclassify the Players as employees rather than as “student-athletes” in their files, including, but not limited to, their handbooks and rules, and notify all current Players that they have done so. The General Counsel further seeks all other relief as may be just and proper to remedy the unfair labor practices alleged. ANSWER REQUIREMENT Respondents are notified that, pursuant to Sections 102.20 and 102.21 of the Board’s Rules and Regulations, it must file an answer to the complaint. The answer must be received by this office on or before June 1, 2023, or postmarked on or before May 31, 2023. Respondents should file an original and four copies of the answer with this office and serve a copy of the answer on each of the other parties. An answer may also be filed electronically through the Agency’s website. To file electronically, go to www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the detailed instructions. The responsibility for the receipt and usability of the answer rests exclusively upon the sender. Unless notification on the Agency’s website informs users that the Agency’s E-Filing system is officially determined to be in technical failure because it is unable to receive documents for a continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused on the basis that the transmission could not be accomplished because the Agency’s website was off-line or unavailable for some other reason. The Board’s Rules and Regulations require that an answer be signed by counsel or non-attorney representative for represented parties or by the party if not represented. See Section 102.21. If the answer being filed electronically is a pdf document containing the required signature, no paper copies of the answer need to be transmitted to the Regional Office. However, if the electronic version of an answer to a complaint is not a 7 pdf file containing the required signature, then the E-filing rules require that such answer containing the required signature continue to be submitted to the Regional Office by traditional means within three (3) business days after the date of electronic filing. Service of the answer on each of the other parties must still be accomplished by means allowed under the Board’s Rules and Regulations. The answer may not be filed by facsimile transmission. If no answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for Default Judgment, that the allegations in the complaint are true. Any request for an extension of time to file an answer must, pursuant to Section 102.111(b) of the Board’s Rules and Regulation, be filed by the close of business on May 25, 2023. The request should be in writing and addressed to the Regional Director of Region 31. NOTICE OF HEARING PLEASE TAKE NOTICE THAT on November 7, 2023, 9 am at 11500 W. Olympic Blvd., Suite 600, Los Angeles, CA 90064, and on consecutive days thereafter until concluded, a hearing will be conducted before an administrative law judge of the National Labor Relations Board. At the hearing, Respondents and any other party to this proceeding have the right to appear and present testimony regarding the allegations in this complaint. The procedures to be followed at the hearing are described in the attached Form NLRB-4668. The procedure to request a postponement of the hearing is described in the attached Form NLRB-4338. Dated: May 18, 2023