Not a labor lawyer, but if the indicia of whether or not you are an employee who can form a union is just time spent on an activity, what is the difference between athletes and students who participate in the school’s band/orchestra, singing groups, debate, robotics, etc… organizations. As opposed to D1 scholarship athletes whose scholarships are contingent on the athlete remaining on the team, athletes at Dartmouth (and all Ivies) can quit at any time with no consequences to their financial aid or ability to continue their education. I just have a hard time mustering up any sympathy for kids who otherwise probably would not have gotten into Dartmouth but for their athletic hook and knew exactly what they were signing up for in choosing to go the athletic recruit route.
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