For decades, professional athletes have had the right to collectively bargain, giving them a seat at the table when it comes to wages, working conditions, and benefits. But for college athletes in Oregon, Nebraska, and nationwide, collective bargaining remains a complex and evolving legal frontier.
At The Hughes Companies, we help student-athletes, athletic professionals, and sports-related organizations understand their rights and limitations when it comes to collective bargaining under Oregon and Nebraska law and emerging NCAA policy.
What Is Collective Bargaining?
Collective bargaining is the process by which a group of employees represented by a union or similar organization negotiates with their employer over key issues like:
- Compensation
- Work schedules
- Safety protocols
- Rights and responsibilities
- Benefits and protections
In professional sports, collective bargaining agreements (CBAs) define nearly every aspect of the athlete-employer relationship. These agreements are negotiated by unions such as the NFLPA, NBPA, or MLBPA on behalf of players.
Why Collective Bargaining Doesn’t (Yet) Apply to College Athletes
While college athletes now enjoy the right to earn income from Name, Image, and Likeness (NIL) deals, they are not currently considered employees of their universities, at least not under federal law. This means:
- They don’t have a union.
- They cannot collectively bargain with universities like professional players do.
- They lack standardized protections across institutions or conferences.
This puts student-athletes in Oregon and Nebraska at a legal disadvantage when negotiating individual NIL deals or other agreements. While movements and lawsuits are challenging this status—including ongoing cases reviewed by the National Labor Relations Board (NLRB)—college athletes in Oregon and Nebraska must still act independently when negotiating their rights.
It’s important to note that while student-athletes at Oregon and Nebraska’s public universities aren’t considered employees under federal or state labor laws, recent cases like Dartmouth’s unionization effort and statements from the NLRB’s General Counsel indicate that change may be on the horizon for athletes at private institutions. If federal precedent evolves, it could influence national dialogue and eventually prompt state-level changes, potentially opening the door to collective bargaining at public universities in the future.
How We Help Oregon and Nebraska Athletes Without Collective Bargaining Rights
Because student-athletes currently lack the protections of union representation, each individual athlete is responsible for negotiating their own contracts and protecting their legal interests. At The Hughes Companies, we level the playing field by offering:
Contract Negotiation & NIL Deal Review
Without a union to secure minimum terms, every deal you sign is up to you. We help athletes in Oregon and Nebraska negotiate fair compensation, avoid exploitative terms, and understand what they’re really agreeing to.
Business Entity Formation
We help clients form LLCs or corporations to manage income, reduce liability, and increase negotiating power—especially useful for athletes managing multiple endorsement deals.
Legal Representation in Disputes
If you’re taken advantage of or need help enforcing a contract, we’re prepared to represent you in state or federal court or arbitration in Oregon or Nebraska, depending on your case.
Compliance & Eligibility Guidance
Without a collective agreement to fall back on, staying in compliance with NCAA and school rules is entirely your responsibility. We ensure that your deals comply with state law, institutional policy, and NCAA guidelines.
Will College Athletes in Oregon or Nebraska Ever Be Able to Unionize?
The legal landscape is shifting. In recent years:
- The NLRB’s General Counsel has suggested some college athletes should be classified as employees, especially those at private institutions.
- A case involving the Dartmouth men’s basketball team opened the door to discussions of unionization in NCAA sports.
- Athlete advocacy groups, such as the College Football Players Association (CFBPA) and the National College Players Association (NCPA), continue to push for collective rights.
While state labor laws govern public universities in Oregon (like UO and OSU) and Nebraska (such as the University of Nebraska–Lincoln), future developments in federal labor law could create opportunities for collective bargaining even at the collegiate level.
Both Oregon and Nebraska apply their own public sector labor laws, and under current policy, neither state classifies student-athletes as employees. As a result, athletes in both states must continue to advocate for themselves and negotiate individually—ideally with the support of qualified legal counsel.
Why Choose The Hughes Companies?
We are not a sports agency. We are a local practice with a deep understanding of sports law, NIL regulations, and contract negotiation. We provide the legal backing you need in a system that currently offers no group bargaining protections.
You shouldn’t be going up against experienced attorneys and corporate reps alone. With The Hughes Companies on your team, you’re no longer just a student-athlete—you’re a businessperson with legal firepower. Contact The Hughes Companies to protect your rights and maximize your value in Oregon and Nebraska’s evolving sports landscape.