Trustees of Dartmouth College

373 NLRB No. 34 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. Trustees of Dartmouth College and Service Employees International Union, Local 560. Case 01–RC– 325633 March 5, 2024 ORDER BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN, PROUTY, AND WILCOX The Employer’s request for extraordinary relief is de- nied. We find that the Employer has not made a “clear showing” that extraordinary relief is “necessary under the particular circumstances of the case,” as required by Sec- tion 102.67(j)(2) of the Board’s Rules and Regulations. At this time, we are not ruling on the merits of the Regional Director’s Decision and Direction of Election. Dated, Washington, D.C. March 5, 2024 ______________________________________ Lauren McFerran, Chairman ________________________________________ David M. Prouty, Member ________________________________________ Gwynne A. Wilcox, Member (SEAL) NATIONAL LABOR RELATIONS BOARD MEMBER KAPLAN, dissenting I would grant the Employer’s request for a stay of the election scheduled for March 5, 2024. The Regional Di- rector’s decision in this case is unprecedented. Never be- fore has the Board suggested, let alone found, that student- athletes who do not receive athletic scholarships should be considered employees under the Act. In fact, in North- western University, 362 NLRB 1350 (2015), the Board concluded that “the Board has never asserted jurisdiction, or even been asked to assert jurisdiction, in a case involv- ing scholarship football players or similarly situated indi- viduals, and . . . we decline to do so in this case.” Id. at 1355 (emphasis added); see also id. at 1351 (finding that, in 2015, the value of the athletic scholarship was at least $61,000 per year). Accordingly, I would order a stay of the election to allow the Board to decide this issue of first impression before resources are spent on holding a poten- tially invalid election. Dated, Washington, D.C., March 5, 2024 ______________________________________ Marvin E. Kaplan, Member NATIONAL LABOR RELATIONS BOARD