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Players and advocates urge collective bargaining, independent medical care; oppose employee classification
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Summary
Player representatives and several witnesses argued that independent players associations and collective bargaining—not employment status—are the best paths to protect athlete health, enforce safety rules and secure better medical care. They also described persistent concerns about rushed return‑to‑play decisions and trainer independence.
Representatives of a voluntary players association and former student athletes told a House subcommittee that collective bargaining and independent player representation could address persistent health and safety problems in college sports and provide enforcement mechanisms the NCAA has not consistently applied.
Justin Falcinelli, vice president of the College Football Players Association (CFPPA), testified that collective bargaining would create enforceable rules for practice reform, independent medical care and concussion protocols. He said the NCAA was established more than a century ago to address catastrophic injuries in the sport, but that practice‑related deaths and offseason fatalities remain a concern and that enforcement of safety guidelines has been uneven.
Falcinelli and other witnesses described cases where athletic trainers felt pressure from coaches in hiring and firing decisions, and cited a 2019 National Athletic Trainers Association finding that 36% of athletic trainers reported coach influence on medical staff employment. Falcinelli urged Congress to support mechanisms—such as an independent players association—to ensure medical staff can prioritize players’ health without fear of retaliation.
Witnesses, including Anthony Egbo, said athletes overwhelmingly prefer not to be labeled institutional employees, arguing an employment model would threaten scholarships, roster sizes and the viability of many programs. Josh Whitman and others said the settlement framework and other reforms could deliver many athlete protections without converting student athletes into employees. Members pressed witnesses on the Dartmouth NLRB regional director decision used in some arguments about employee status; Whitman characterized that ruling as raising difficult questions about the employee test if applied broadly.
The panel did not resolve the legal question of employment status; members and witnesses said any durable solution should center athlete health, independent medical decision‑making and enforceable safety standards.
