Saturday, April 30, 2022

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Rick Barnes Isn't Afraid To Say What NIL Has Become And Where The NCAA Needs To Go – OutKick

Rick Barnes Isn't Afraid To Say What NIL Has Become And Where The NCAA Needs To Go – OutKick

Rick Barnes Isn't Afraid To Say What NIL Has Become And Where The NCAA Needs To Go

The NCAA has a very big problem on its hands with Name, Image, and Likeness, and Tennessee's Rick Barnes is adamant that changes need to be made before this gets completely out of control. The head men's basketball coach is looking out for what's best for the student athlete, and though he wants them to make money, he worries that NIL has damaged the recruiting process.

He's got a point. NIL money is now the first thing on a prospect's mind.

Rick Barnes sat down with the OutKick 360 crew on Friday to discuss a myriad of topics, including NIL and the transfer portal. He believes that the NCAA was not prepared for what was coming in regards to NIL, and now they are paying the price.

"The NCAA made a mistake years ago. … There's gonna have to be changes and we know that. How that happens with new leadership coming into the NCAA, something will be done because it has to get under control."

In particular, Rick Barnes worries about the role of NIL on official visits and when discussing Tennessee with a prospect. Over the course of the last recruiting cycle, Barnes has started to see a shift. Players now presume that an NIL offer will be a part of the recruiting pitch, especially with the current money figures being thrown out.

We recently saw former Kansas State player Nijel Pack transfer to Miami and then immediately agreed to an NIL deal worth $800,000 over two years. Now, not all NIL athletes receive that kind of money. However, those with the right leverage and the right agency are, indeed, making serious money.

"Like I said, there are a lot of numbers out there that aren't true, but some of them that are true," Barnes said. "What you don't want to do and it has happened, a young person comes in and you're recruiting them, they're not even thinking about NIL, but then one school says, 'We will do this.' They'll ask what you can do, and then that other school says, 'We're not gonna get beat on this NIL deal.'

"Then the agents start getting into it," Barnes added. "They start getting a percentage of what they can create, and so that's the part where it wasn't thought out years ago and we should've been able to control what we have right now, which is what it's not."

All Barnes wants is for NIL to be what it was supposed to be when it was first introduced: players making money off their likeness once they get on campus. Have NIL in place for them to take advantage of their play on the court and how they represent themselves, but have them choose a school for the right reasons.

We witnessed this in Knoxville with players like John Fulkerson, Zakai Zeigler and others, who were able to capitalize on how the school presented them, along with their on-court performances.

"That's exactly what it was setup for, I don't think it was thought through," Barnes lamented. "It shouldn't be a part of the recruiting process, I don't know how that works. But when you're sitting down with a recruit, the most important thing when recruiting somebody is that they really want to come to your university for the right reasons, just like with Zakai and other teammates. I don't know where it is right now, but where it is right now can't stay because of the way it's bleeding into the recruiting part of it."

Though I believe that this is the new era of college athletics, I do understand where Barnes is coming from. The original point of NIL was to give players an opportunity to market themselves once they enrolled at a school. The money comes once you know a product is worth investing in, but all too often right now, it comes just off the 'star' factor of a recruit or transfer portal player.

It's not all about money, at least for a majority of the guys in the portal at the moment, but most of them don't have the star power to negotiate high figure deals. For Barnes and his staff, the portal is about finding the right guys for their system, staying patient and not jumping at the first prospect.

"The key is that you stay patient and don't do something that you'll regret a couple months later. And you can go in the portal for talent, but you have to be careful that you get the right chemistry that goes with that or it's not gonna work."

It's pretty easy to see where college basketball is heading if the NCAA or the individual conferences don't put some type of regulation into action. Agents will continue to negotiate big deals and insist that those aren't 'pay-for-play' deals, even though we all know that's not true most of the time. There's no way this type of market can hold for recruits or transfer portal players, when the agents are trying to set a market that is currently unknown.

But Rick Barnes looks at the future and the money being thrown around at the moment and knows a tipping point is coming.

"I will say this, the numbers that are thrown around a lot with the NIL, some of them are going to be really bad bounced checks."



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Monday, April 25, 2022

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Sunday, April 24, 2022

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Saturday, April 23, 2022

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Thursday, April 21, 2022

Tennessee Governor Signs Bill Allowing NIL Collectives To Interact With University Coaches – OutKick

Tennessee Governor Signs Bill Allowing NIL Collectives To Interact With University Coaches – OutKick

Tennessee Governor Signs Bill Allowing NIL Collectives To Interact With University Coaches

The ever-changing landscape of Name, Image and Likeness has once again taken the next step in the state of Tennessee. On Wednesday, Governor Bill Lee signed a law which clearly delineates which actions companies, coaches, and school officials can now take when handling NIL opportunities. This will give "collectives" the chance to start communicating directly with coaches in regards to NIL.

Over the past year, collective groups that can arrange NIL opportunities for student-athletes have formed around various college campuses across Tennessee, but until now, these groups have not been allowed to have any type of contact with head coaches regarding potential NIL deals for current or future players. Now, the collectives are allowed to make contact and even bring coaches up to date on every single deal that might be made.

Schools have also kept their distance from the NIL process over the last year, but that will soon change in a big way as well. At the University of Tennessee, coaches in all sports can be directly involved with all NIL deals that happen for student-athletes. They can interact in meetings and talk to collectives about potential recruits or current athletes. The football account can even retweet a player's new deal.

I expect Tennessee and other schools to come up with guidelines about how this will be handled on a broad scope, not just case by case. There are just too many problems that could arise, such as a player signing with a particular coffee company while the athletic department is signed with another. Clearly defined rules and regulations need to be established to prevent such conflicts of interest.

There are so many different scenarios for the schools to go over, but one thing is certain, the lives of those working at collective companies have just become that much easier. I reached out to one such company, Spyre Sports, for comment on the matter.

"This is a game changer for Tennessee Athletics," said co-founder Hunter Baddour. "Coach Heupel recently said, 'We want Tennessee to be the most aggressive team in the country.' We want to match Coach and be the most aggressive NIL collective in the country as well."

Spyre Sports has been at the forefront of all things NIL for Tennessee athletes. The group has been able to secure deals for current athletes in so many different sports besides just football or basketball. Their goal was to have a $25 million war chest to use annually for deals involving Tennessee student-athletes. They are still working towards that goal, they've most certainly been at the top of the list of collectives around the country.

Spyre makes the NIL process less complicated. They can bring in a coach for an event series or have him fundraise for the overall collective, which will likely be a massive help for raising the overall monetary total. Spyre also has the ability to educate student-athletes on what's going on in the marketplace.

Having a direct line between sponsors, coaches, schools and athletes, without it breaking any rules, is the key to all of this going forward. Other states have taken this measure and enacted laws just like the one in Tennessee. No doubt others will soon try to get on the same page too.



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Ex Athlete sues HS over Naked Fat Tests

https://www.athleticbusiness.com/operations/legal/article/15291101/exathlete-sues-hs-administrators-over-naked-fat-tests?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD220420003&utm_term=

Former Iowa LB suing school over abuse

https://www.athleticbusiness.com/operations/legal/article/15291103/lb-coach-now-defendant-in-exiowa-players-lawsuit?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD220420003&utm_term=&oly_enc_id=5245H2863912E1Z

Umpire Shortage in Massachusetts

https://www.athleticbusiness.com/operations/governing-bodies/article/15290762/umpire-shortage?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD220411002&utm_term=&oly_enc_id=5245H2863912E1Z

Budget shortfalls in Georgia Parks & Recreations

https://www.athleticbusiness.com/operations/budgeting/article/15290765/city-in-georgia-considers-downsizing-parks?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD220411002&utm_term=&oly_enc_id=5245H2863912E1Z

Legal Malpractice

https://wvrecord.com/stories/623187786-woman-says-morgantown-attorney-took-hundreds-of-thousands-from-her

Monday, April 18, 2022

New Hurdle for Employers: Potential Revival of Joy Silk Card-Check Recognition

HAVING A UNION WORKFORCE WITHOUT FOLLOWING LEGITIMATE UNION FORMATION OR ORGANIZATION?


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From: Steptoe & Johnson PLLC <news@steptoe-johnson.com>
Date: Mon, Apr 18, 2022 at 4:05 PM
Subject: New Hurdle for Employers: Potential Revival of Joy Silk Card-Check Recognition
To: <mcandrse@wvstateu.edu>


THE ESSENTIALS:
New Hurdle for Employers: Potential Revival of Joy Silk Card-Check Recognition  
The National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo filed a brief in a pending case on Monday, April 11, 2022, requesting the revival of a 1949 doctrine that would allow unions the ability to win recognition from employers even without a formal election—the Joy Silk doctrine. The impact and Abruzzo's stated goal, of giving new life to the Joy Silk doctrine is that employers may be required to accept unions without having the opportunity to require an NLRB sanctioned election. An employer that is ambushed by unions with authorization cards, signed under circumstances of which the employer may have no knowledge and certainly no control, would be forced to recognize the union as the employees' bargaining representative. 

Despite the fact that the practice has been out of favor with the NLRB for nearly 60 years, Abruzzo filed a request with the Board seeking to reinstate Joy Silk, which would allow union recognition if a majority of workers sign authorization cards ostensibly demonstrating support for the union. Joy Silk would provide the basis for overturning an election if the union can show that it had majority status before the election, that it demanded recognition and advised the employer of the majority status, and that the employer did not have a "good faith basis" or a "good faith doubt" as to that majority status. The statement of good faith doubt would need to be made and explained at the time the employer is given notice of the union's alleged majority support. 
 
Often, Joy Silk would arise in instances where the union would approach a lone supervisor by telling the supervisor it had majority status and has the required cards to demonstrate it. Under Joy Silk, regardless of whether the supervisor accepted the cards, the employer would be required to recognize the union unless it expressed its good faith doubt as to the union's majority status at the time the cards were presented. It follows that any employer lacking clear evidence against majority status, although the employer may be wholly unaware of the presence of the unionization effort until being presented with the cards, would be ordered to bargain with the union, even before an election demonstrating majority status takes place. Abruzzo's brief was filed in a pending case and, in support of reviving the doctrine, Abruzzo claims "the Board's current remedial scheme has failed to deter unfair labor practices during union organizing drives and provide for free and fair elections."

In substantial part, the brief returns to the NLRB v. Gissel Packing decision of 1969 that set Joy Silk aside. Abruzzo asserts that the Board's associate general counsel who argued Gissel before the Supreme Court and stated that Joy Silk was "virtually abandoned," had actually "misrepresented controlling board law." The result of this alleged "misrepresentation" was the institution of the Gissel doctrine, which permits the entry of a bargaining order even without an election only in cases where the employer's alleged unfair labor practices during the union campaign are so widespread that a fair election would not be possible.

Perhaps most concerning for employers, Abruzzo's brief blames the NLRB's election process for the reduction in private-sector unions which now represent only 6.1% of the workforce. Abruzzo claims that the Gissel doctrine has failed to adequately support unionization efforts. 

Summing it up:

Those in favor of a return to the Joy Silk doctrine assert that it would dissuade employers from interfering with elections and reverse the tide of dwindling unionization in the private sector. Employers, on the other hand, argue that this is part of a larger initiative to encourage unionization by finding loopholes to the election process, thereby creating obstacles to companies' rights to conduct business in the way they choose and ensuring that the union's pre-election conduct is not coercive to employees who may sign authorization cards solely to avoid further harassment from persistent union organizers. 
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COLLEGE ATHLETES' FREEDOM OF SPEECH AND EXPRESSION


Interesting 
---------- Forwarded message ---------
From: The Drake Group <donna.lopiano@gmail.com>
Date: Mon, Apr 18, 2022 at 8:01 AM
Subject: COLLEGE ATHLETES' FREEDOM OF SPEECH AND EXPRESSION
To: <mcandrse@wvstateu.edu>


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