Collective bargaining rights of college athletes

(a) Definitions Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended— (1) in paragraph (2), by adding at the end the following: Notwithstanding the previous sentence, the term employer includes a public institution of higher education with respect to the employment of college athlete employees of the institution.; (2) in paragraph (3), by adding at the end the following: “Any individual who participates in an intercollegiate sport for an institution of higher education, and is a student enrolled in the institution of higher education, shall be considered an employee of the institution of higher education if— (A) the individual receives any form of direct compensation, including grant-in-aid, from the institution of higher education; and (B) any terms or conditions of such compensation require participation in an intercollegiate sport.; and (3) by adding at the end the following: (15) The term grant-in-aid means a scholarship, grant, or other form of financial assistance that is provided by an institution of higher education to an individual for the individual’s undergraduate or graduate course of study. (16) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (17) The term intercollegiate athletic conference — (A) means any conference, or other group or organization, of institutions of higher education that— (i) exercises authority over intercollegiate sports at such institutions of higher education; and (ii) is engaged in commerce or an industry or activity affecting commerce; and (B) notwithstanding subparagraph (A), does not include the National Collegiate Athletic Association. (18) The term college athlete employee means an individual described in the second sentence of paragraph (3).. (b) Multiemployer bargaining unit Section 9(b) of the National Labor Relations Act (29 U.S.C. 159(b)) is amended by striking the period at the end and inserting the following:: Provided, That, for the purpose of establishing an appropriate bargaining unit for college athlete employees at institutions of higher education in an intercollegiate athletic conference, the Board shall recognize multiple institutions of higher education within an intercollegiate athletic conference as a multiemployer bargaining unit, but only if consented to by the employee representatives for the intercollegiate sports bargaining units at the institutions of higher education that will be included in the multiemployer bargaining unit.. (c) Jurisdiction related to intercollegiate sports Section 14(c)(1) of the National Labor Relations Act (29 U.S.C. 164(c)(1)) is amended by striking Provided, and inserting the following: Provided, That the Board shall exercise jurisdiction over institutions of higher education and college athlete employees of such institutions in relation to all collective bargaining matters under this Act pertaining to such employees, including any representation matter, such as recognizing or establishing a bargaining unit for such employees and any labor dispute involving such institutions and employees: Provided further,. (d) Prohibition on waiver An individual may not enter into any agreement (including an agreement for grant-in-aid, as defined in section 2(15) of the National Labor Relations Act (29 U.S.C. 152(15))) or legal settlement that waives or permits noncompliance with this Act or the amendments made by this Act.