House Settlement

#51
#51
VolFanNC09 said:
I don’t like the whole clearinghouse thing. It will lead to corruption just like the NCAA’s selective enforcements. Some kids will get cleared while others won’t for the same types of contracts. It will just be the same type of selective enforcement that they did before.
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It'll get sued into oblivion before it ever gets to that point
 
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#52
#52
SayUWantAreVOLution said:
Yeah, coaches aren't going to go for having guys under contract they cannot cut or if they do cut, they either get sued for breach or have to eat the contract money.
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What this situation really needs is a uniform standard contract which addresses most everything except compensation, including players leaving before the end of the contract term and being cut. If you think it can't be done legally, think again. We've been using standardized contracts in the natural gas industry for over 20 years. It virtually eliminates the need for lawyers to review agreements and minimizes litigation.
 
#53
#53
hbvol1982 said:
The real trick now is figuring out how to split up the 💰money. 70% to football means +\- average $130-$140 grand per player ($14,500,000 / 105 players). Average. Starters vs Backups. Skill vs Linemen. Seniors vs Freshmen. Can we structure to reduce player movement? Should we pay everyone the same and allow additional NIL to define their worth? More incentive to stay in school longer or most talent gets most money? A fascinating problem. Schools will do it differently and some will thrive and some get crushed. It will take a few years before a standard model takes hold. Buckle up.
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Just think of all those walk-on stories and vids we’ve seen of coaches giving a walk-on “that” last scholarship. Go from a really broke kid to a $150K check.
 
#54
#54
SayUWantAreVOLution said:
1. Enforceable contracts means the players are actually employees of the school, not student athletes.

2. The portal goes away if we have signed contracts. They'll not be students long if you're contracting them to play ball for your school, they're employees so school attendance disappears quickly. You can't force an employee to go to school for something unrelated to their job.

You can't MAKE an electrician for UT go to school to get a degree in history or something. That's crazy and you won't be able to make a linebacker for UT go to school to get a history degree or something either.
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I respectfully disagree. You can have conditions for employment in a contract. I can hire someone and require they attend school and make passing grades as a condition of their employment.
 
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#55
#55
LAVol1 said:
I respectfully disagree. You can have conditions for employment in a contract. I can hire someone and require they attend school and make passing grades as a condition of their employment.
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I don't think you can require an electrician to study something other than what you hired him to do as a condition of employment. Electrical Engineering, perhaps, but that makes sense.

What makes sense for someone you employ as a linebacker to study?

You're an employee. They don't own your private educational interests. They can demand you increase your knowledge related to your job but they can't insist you take aeronautics or something if you're a secretary.
 
#56
#56
LAVol1 said:
I respectfully disagree. You can have conditions for employment in a contract. I can hire someone and require they attend school and make passing grades as a condition of their employment.
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But the pressure to win will be so great that players will negotiate a hefty payday, no requirement to attend class or get a degree, a fully furnished luxury condo off campus, a 24/7 available car service to take them wherever they want, and free tickets to all games for family members plus all expenses paid for those family members to attend the games. AND POWER PROGRAMS WILL SIGN IT
 
#58
#58
SayUWantAreVOLution said:
I don't think you can require an electrician to study something other than what you hired him to do as a condition of employment. Electrical Engineering, perhaps, but that makes sense.

What makes sense for someone you employ as a linebacker to study?

You're an employee. They don't own your private educational interests. They can demand you increase your knowledge related to your job but they can't insist you take aeronautics or something if you're a secretary.
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As an employer, I make you an offer of employment conditioned on you attending classes. You have the option to reject the offer, but if you accept the terms of my offer, you are obligated to attend classes.
 
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#59
#59
ALLVOL 4LIFE said:
Sounds like another nightmare to me. Kids will be leveraging their pay to play. That’s what needs fixed. Or at least close the transfer portal for good. It ruining the only good sports left.
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Need a CBA so contracts become binding
 
#60
#60
The Original Fade said:
But the pressure to win will be so great that players will negotiate a hefty payday, no requirement to attend class or get a degree, a fully furnished luxury condo off campus, a 24/7 available car service to take them wherever they want, and free tickets to all games for family members plus all expenses paid for those family members to attend the games. AND POWER PROGRAMS WILL SIGN IT
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All conferences will require that all athletes be required to maintain academic eligibility. No way to negotiate around that. Now they may cheat (UNC for example), but academic eligibility will be a requirement of participation.
 
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#61
#61
LAVol1 said:
As an employer, I make you an offer of employment conditioned on you attending classes. You have the option to reject the offer, but if you accept the terms of my offer, you are obligated to attend classes.
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Sure, but as has been pointed out to you, schools that DON'T require school to play sports will be at an advantage.

It's got to be collusion for ALL the schools to get together and require athlete employees to attend classes. I don't think that will survive legally if players are deemed employees.

Again, you're not demanding they enhance their career skills when they are athletes unless we start offering "Advanced Offensive Line Techniques 4005" as a class.

But sure, they can offer contracts that say you'll wear a tutu when you're not at practice and it's legal, it's just not going to be signed.
 
#62
#62
LAVol1 said:
All conferences will require that all athletes be required to maintain academic eligibility. No way to negotiate around that. Now they may cheat (UNC for example), but academic eligibility will be a requirement of participation.
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Collusion, isn't it?
 
#64
#64
LAVol1 said:
No. It's a precedent. Athletes have always been required to meet academic standards.
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They had a precedent of no NIL which was deemed illegal also.

The days of schools holding all the cards without being held to Antitrust Law ended with Alston.

The Supreme Court said in their opinion that no other business could operate like the NCAA without being subject to Antitrust Law like they had in the past. Since then, the schools and NCAA haven't been able to control the marketplace like they did in the past.

But they definitely had precedent about NIL, about transfers, etc ..... and lost.
 
#65
#65
This is turning out to be a total chaos of epic proportions. Makes the Washington politics look like child play.
 
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#66
#66
SayUWantAreVOLution said:
The NIL "Clearinghouse" is challenged and blocked within days, IMO. The NCAA hasn't won an NIL limiting case and won't win on the "Clearinghouse" either.

The "revenue sharing" contracts will first be blocked because it's not fair to have the NCAA and schools decide "this percentage is enough revenue sharing for players" without negotiating with the players. A non negotiated team cap, IMO, will never last because only one side, the NCAA and schools, decided what was fair compensation without the other side, the players, being able to negotiate their idea of what's fair compensation. There's nothing fair about a group of schools deciding: this is what we should pay and all we're going to pay.

That's collusion to limit the athlete's compensation in the marketplace. That won't last either, IMO.
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The only thing that might be a challenge to the lawsuits is that a judge has already approved the deal. It doesn't mean it can't be tested or tossed on appeal by someone though. I'm not an attorney, so I am just semi-educated guessing.
 
#67
#67
Redleg68 said:
This is turning out to be a total chaos of epic proportions. Makes the Washington politics look like child play.
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What's interesting to me is that the schools and conferences are moving forward like it is all settled and will be this way forever. That's sort of foolish, IMO.
 
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#69
#69
SayUWantAreVOLution said:
I don't think you can require an electrician to study something other than what you hired him to do as a condition of employment. Electrical Engineering, perhaps, but that makes sense.

What makes sense for someone you employ as a linebacker to study?

You're an employee. They don't own your private educational interests. They can demand you increase your knowledge related to your job but they can't insist you take aeronautics or something if you're a secretary.
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Then how is that companies can make employees comply with social justice and DEI policies and programs that have nothing’s to do with their vocation? How did the university require that I take liberal art studies when I was in a health science program?
 
#72
#72
SayUWantAreVOLution said:
I don't think you can require an electrician to study something other than what you hired him to do as a condition of employment. Electrical Engineering, perhaps, but that makes sense.

What makes sense for someone you employ as a linebacker to study?

You're an employee. They don't own your private educational interests. They can demand you increase your knowledge related to your job but they can't insist you take aeronautics or something if you're a secretary.
Click to expand...
Do you not know how companies work? A company can make you take whatever they want. If you got hired and then the company says they require you to take physics, even if it’s completely irrelevant and unrelated to your job, you can either comply or find another job.
 
#73
#73
VolFanNC09 said:
I don’t like the whole clearinghouse thing. It will lead to corruption just like the NCAA’s selective enforcements. Some kids will get cleared while others won’t for the same types of contracts. It will just be the same type of selective enforcement that they did before.
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Agree. All of the "clearinghouse" processes before have been total disasters. No set timeliness for decisions, no accountability, and absolutely no consistency.
 
#74
#74
onevol74 said:
Then how is that companies can make employees comply with social justice and DEI policies and programs that have nothing’s to do with their vocation? How did the university require that I take liberal art studies when I was in a health science program?
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The DEI stuff was Federal Policy for places to continue to get Federal money similar to the Trump threat to pull Harvard's Federal money if they don't lift the DEI stuff. The schools had the out of following Federal orders so to fight it you had to go after the govt.

The schools have specific "General Education" policies for all degrees, not just some degrees but ALL students have to take those courses. That is part of your well rounded education.

Making someone attend school in a field other than the one you employ them in is forcing their off time to be spent doing something unrelated to their job. No employer should have that right to insist I read this novel because the boss things it's great or listen to that music because it's the boss's favorite band or go to this concert or that movie or whatever on my free time. That's ridiculous.
 
#75
#75
BigOrangeTrain said:
Do you not know how companies work? A company can make you take whatever they want. If you got hired and then the company says they require you to take physics, even if it’s completely irrelevant and unrelated to your job, you can either comply or find another job.
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In a right to work state an employer can fire you for almost anything however if they tell you to dress in a clown suit on your time off, I'd find the lawsuit interesting.

Being an employer isn't carte blanche to bully an employee on their off time into doing what you want. C'mon.
 
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