February 2024 was full of significant legal developments nationally and in Pennsylvania. Labor advocates saw a victory in the national forum with student-athletes getting the right to unionize, a labor loss locally with the Pennsylvania Supreme Court reigning in the application of the Pennsylvania Prevailing Wage Act for a college construction project, and a notable ruling rejected protections under the Americans with Disabilities Act for medical marijuana patients. Read about it below.
National Labor Relations Board (NLRB) deems Players on Dartmouth College’s Men’s Basketball Team as Employees, Granting Them the Right to Unionize
In a significant development for college athletics, the National Labor Relations Board (NLRB) has deemed players on Dartmouth College’s men’s basketball team as employees, granting them the right to unionize. NLRB Boston office director Laura Sacks clarified that this decision aligns with a 2016 ruling acknowledging graduate student assistants’ unionization rights, asserting that the players’ activities benefit the institution and are compensated in non-traditional forms like admission aids and gear.
This ruling, subject to Dartmouth’s potential appeal, reopens the debate over whether college student-athletes qualify as employees under the National Labor Relations Act (NLRA), a question left unanswered since 2015. The filing of a union petition by the Service Employees International Union Local 560 signals a resurgence of interest in athletes’ labor rights, echoing past efforts at Northwestern University in 2014.
Sacks emphasized the athletes’ significant contribution to Dartmouth’s reputation and their adherence to institutional control, further solidifying their classification as employees. While the ruling doesn’t specify an election date, it sets a precedent for the evolving landscape of collegiate sports labor relations.
The case is Dartmouth College/Dartmouth College Board of Trustees and Service Employees International Union Local 560, case number 01-RC-325633, before the National Labor Relations Board Region 1.
PA Supreme Court Rules that Union-Friendly Prevailing Wage Act Rules Do Not Apply To Ursinus Bonds
In a landmark ruling, the Supreme Court of Pennsylvania has determined that bonds arranged by a government-created authority for the expansion of Ursinus College, a private institution in Pennsylvania, do not constitute “public funds.” The decision, authored by Justice P. Kevin Brobson, reinforces that the project financed by these bonds, despite the authority’s involvement, does not fall under the purview of the state’s Prevailing Wage Act (PWA).
The court emphasized that the funds used for the project were private in nature and were to be repaid by a private entity, precluding the application of prevailing wage rules. This ruling underscores the distinction between public and private financing, highlighting that the involvement of a government entity in facilitating financing does not automatically subject a project to prevailing wage requirements.
The decision marks a victory for Ursinus College and sets a precedent clarifying the interpretation of the PWA in similar contexts, providing clarity for future projects financed through similar arrangements.
The case is Ursinus College v. Prevailing Wage Appeals Board, case number 18 MAP 2023, in the Supreme Court of Pennsylvania.
Federal Court Rules that ADA Does Not Protect Medical Pot Use
In a recent ruling, U.S. District Judge Geoffrey W. Crawford addressed the complex intersection of state legalization of medical marijuana and federal employment law, particularly concerning the Americans with Disabilities Act (ADA). The case involved Ivo Skoric, a transit worker terminated for testing positive for marijuana despite having a medical prescription.
Judge Crawford’s decision underscored a crucial point: while states like Vermont have legalized medical marijuana, federal law, which classifies marijuana as a Schedule I substance, prevails. This classification, denoting “no currently accepted medical use,” effectively limits the ADA’s protection for individuals using medical marijuana.
The judge dismissed Skoric’s civil rights lawsuit against his employer, Marble Valley Regional Transit District, citing the ADA’s inability to support claims of discrimination in such cases. Additionally, claims against the Vermont Department of Labor were dismissed, with jurisdictional considerations playing a pivotal role.
Skoric’s case exemplifies the complexities individuals face when navigating conflicting state and federal laws regarding medical marijuana use and employment rights. This ruling highlights the pressing need for legislative clarity and underscores the ongoing legal challenges in this evolving landscape.
The case is Skoric v. Marble Valley Regional Transit District et al., case number 2:23-cv-00064, in the U.S. District Court for the District of Vermont.
Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels business on commercial contract matters.
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