Petitioner’s Response to Request for Review of Regional Director’s Decision and Direction of Election

Dated: April 16, 2014

Attorneys for Petitioner College Athletes Players Association (CAPA)

TABLE OF CONTENTS

• INTRODUCTION

1. NORTHWESTERN HAS NOT ESTABLISHED GROUNDS FOR REVIEW OF THE REGIONAL DIRECTOR’S FACTFINDING
2. THE REGIONAL DIRECTOR’S CONCLUSION THAT THE PLAYERS ARE EMPLOYEES UNDER THE COMMON LAW TEST DOES NOT WARRANT REVIEW
3. NORTHWESTERN’S ARGUMENT THAT THE PLAYERS CANNOT BE EMPLOYEES UNDER THE ACT BECAUSE THEY ARE “PRIMARILY STUDENTS” IS BASED ON THE UNTENABLE DECISION IN BROWN UNIVERSITY, WHICH SHOULD BE OVERRULED, BUT NORTHWESTERN’S ARGUMENT WOULD LACK MERIT EVEN IF BROWN WERE REAFFIRMED
4. NORTHWESTERN’S “POLICY” ARGUMENTS HAVE NO CONNECTION WITH THE ACT AND PRESENT NO GROUNDS FOR REVIEW
5. THE REGIONAL DIRECTOR’S DETERMINATION THAT THE PLAYERS ARE NOT TEMPORARY EMPLOYEES WHO SHOULD BE DENIED THE RIGHT TO ORGANIZE WAS PLAINLY CORRECT
6. THE PETITIONED-FOR UNIT IS APPROPRIATE

• CONCLUSION

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