On a seemingly routine Tuesday, in a decision that many anticipated, President Donald Trump made the controversial choice to dismiss Jennifer Abruzzo from her role as the general counsel of the National Labor Relations Board (NLRB). For those unfamiliar, the NLRB plays a critical role by overseeing and upholding the rights of workers in the private sector, ensuring that they can engage in collective bargaining and union activities without fear of retaliation. Abruzzo’s departure signifies more than just a leadership change; it highlights shifting dynamics in labor relations within the United States.
Abruzzo stepped into her position in July 2021, a pivotal time for college athletics as schools navigated the interim Name, Image, and Likeness (NIL) policy implemented by the NCAA. During her tenure, she emerged as a formidable advocate for college athletes, challenging the status quo of how their rights were viewed and defined. Her influence extended well beyond the confines of the NLRB, affecting national conversations about worker rights, particularly for those who have traditionally been seen as amateurs in the collegiate sports arena.
Just two months into her new role, Abruzzo boldly issued a memorandum that sent ripples through both the sports and legal communities. In it, she argued for the classification of college athletes as employees under the National Labor Relations Act (NLRA), a move that, while not directly legislative, could have profound implications for collegiate sports. In a landscape where the NCAA and athletic conferences often deflect responsibility onto individual universities, Abruzzo introduced the idea of “joint employer” liability. This means that the larger governing bodies could be held accountable for any unfair labor practices perpetrated by the schools themselves—an eye-opening perspective that could redefine college athletics.
“My intent in issuing this memo is to educate the public—especially players at academic institutions, colleges, athletic conferences, and the NCAA—about the legal position I’ll be taking regarding employee status and misclassification in appropriate cases,” Abruzzo explained. She wasn’t just focused on the legal jargon; her goal was clear: to empower college athletes to understand their rights and advocate for themselves.
Although her memo lacked enforceable power, it ignited a spark for change that many had been waiting for. It led to a landmark unionization effort by Dartmouth’s men’s basketball team and prompted multiple unfair labor practice complaints from college athletes, including at powerhouse programs like USC, Northwestern, and Notre Dame. The first charge was presented to the NLRB against the NCAA by former University of Minnesota regent Michael Hsu, shortly followed by the National College Players Association raising charges against several institutions.
Reflecting on the journey ahead, Abruzzo, in a June 2022 interview with *Sportico*, acknowledged the struggles and slow pace of progress. She likened the resistance faced by labor rights advocates for college athletes to the backlash that quarterback Colin Kaepernick experienced during his national anthem protests—both movements fighting against deeply entrenched norms.
“It was never my goal to have people file charges,” she stated. “But, you know, charges can be filed by anyone. They don’t need to be filed by current college players.” This sentiment speaks volumes about the larger context of advocacy; it’s not just about current athletes but about creating a legacy of awareness and change that ripples through generations.
Under President Joe Biden, the initial environment for these labor movements seemed promising. However, as Trump claimed victory in November, the political landscape shifted dramatically, instilling fear that a GOP-majority NLRB wouldn’t be as supportive of the college athletes’ initiatives. This foreboding atmosphere led to a withdrawal by many petitioners who had been hopeful about advancing their causes.
Yet, in the wake of her dismissal, Abruzzo stood firm, adapting to the uncertainty with optimism.
“There’s no putting that genie back in the bottle,” she remarked, reassuring advocates for labor rights and college athletes alike. “So, if the agency fails to fully effectuate its Congressional mandate in the future, as we did during my tenure, I expect that workers, with the support of their advocates, will take matters into their own hands to secure the dignity and respect they deserve in the workplace, along with a fair share of the significant value they add to their employers’ operations.”
In this evolving landscape, Abruzzo’s mirrors the broader struggle for worker empowerment and rights, pushing back against the system in pursuit of something greater. It’s a relatable journey for many—facing resistance when trying to carve out respect and recognition, all while fostering community support. Just as Abruzzo encouraged college athletes to recognize their potential as employees with rights, her story serves as a beacon for anyone fighting for their rightful place in the workplace. This fight for dignity is ongoing, and while the path may be fraught with obstacles, the momentum for change continues to build, with advocates like Abruzzo inspiring hope and resilience along the way.
