mr. livingstone first and ask a few questions. mr. livingstone, the nlrb regional or his decision in northwestern applies solely to private universities because state universities as state government because state universities of state government entities are excluded from nlra coverage. that being said decision only applies to a portion of the universities in each conference and division. however, state law applies to public colleges. what are the differences between state and federal laws regarding the collective bargaining and the mandatory subjects of bargaining differ? >> there are a variety of differences. the state actually vary widely. the nlra covers organizing roles, broken a determination, subjects of bargaining in the right to engage in economic action. all of the stiffer under various state laws. for example, sudbury the public sector market entirely. others permit very limited terms. others don't have the right to engage in academic action. others, for example would have different subjects be negotiated by different route

mr. livingston, do you happen to represent northwestern? >> i do not. >> i was just curious was we've heard -- because we've heard different experiences and different facts about your colleges, like, mr. muir, what stanford is doing. but what we're talking about is a decision that's specific to northwestern, and one of the things that the regional director found was that the scholarship players are identified and recruited in the first instance because of their football prowess and not because of their academic achievement in high school. is that similar, mr. muir, you're shaking your head no. is that different from your experience at stanford? >> that is definitely different when i think about what our coaches are doing and identifying young people to potentially come to stanford. as i said earlier, the first process they have to, the hurdle they have to go through is making sure that they can pass admissions and make sure that they can enter school just like the general student. so we are weeding out individuals because if they don't have

mr. livingstone first and ask a few questions. mr. livingston, the regional director's the decision because --te universities universities as state government entities are excluded from coverage. that means the decision only applies to a portion of universities. >> the nlra covers organizing right bargaining and the to engage in economic action. all of those differ under various state laws. some prohibit public sector bargaining entirely. don't have the right to engage in economic action. others would have arbitration. you would have different subjects being negotiated in different agreements. you would end up with individual bargaining on a level playing field. compete, youams have got something that i don't think is workable. important that is an point. if the scholarship athletes to employment,ms of parties are compelled to bargain over mandatory subjects, what terms and conditions are mandatory subjects of bargaining? >> i appreciate the comments we have heard from everyone today about the need for college athletics to improve. whe

mr. livingstone first and ask a few questions. mr. livingstone the nlrb regional does gresser's -- directors state universities and state government entities are excluded from an lra coverage and that's the decision that applies to a applies to abortion and universities in each conference and division however state law applies to public colleges. what are the state and federal laws involving collective garden garden -- collective bargaining and are the subjects different? >> there are a variety of differences. the state varies widely. the in lra covers organizing rules bargaining determinations subjects of bargaining and the right to engage in economic action. all those differ under various state laws. for example somber habit public-sector bargaining entirely. others permit hoblick sector bargaining in limited terms. others don't have the right to engage in economic action. others for example would have interest arbitration say with a different subject being negotiated by different groups in different collective bargaining agreements.

mr. livingston, you are recognized. >> good morning, mr. chairman, members of the committee. as a supreme court has noted, principles cannot be imposed blindly in the academic world. while i fully support the purposes in allowing employees of freedom to choose other are not to form a library in and bargain collectively the nlrb itself is recognizing the problem of attempting to force the student university relationship into the traditional employer-employee framework. that problem is apparent here. the university's primary mission is to educate its students, including student-athletes. some athletes are neither hired by a college of providing services for compensation. athletes are students who are participating in programs with the dual role as both student and athlete treating these participants as employees can changes them from students who are student athletes to professional athletes who are also students. even if student athletes could be considered employees, and the term is undefined, employees deadest complex with the remaining principles contained in an act. consis

mr. livingston, you're recognized. >> good morning, mr. chairman. as the supreme court noted principles developed for the industrial setting can not be imposed blindly on the academic world. while i fully support the nlras purposes in allowing employees the freedom to choose whether or not to form a union, the nlrb has recognized the problem hoff attempting to force the student university relationship into the traditional employer-employee framework. that problems apparent here. a university's primary police is to educate students, including student-athletes, student-athletes are neither hired by a college for providing services for compensation. athletes are students who are participating in programs with a dual role as both student athletes, treating these as nlra covered employees changes them from students who are students athletes to professional athletes who are also students. but even if student-athletes could be considered employees, the termes undefined in the nlra, employee status conflicts with the prims in that act. consistent with labor

mr. bradford livingstone is a partner in chicago illinois. mr. andy schwartz is a partner at oskrlsc and every california. mr. bernard is the director of athletics for stanford university in stanford california, and mr. patrick eilers with the former minnesota vikings area couldn't stop. >> before i recognize you to provide your testimony, with me briefly remind everyone that the five minute flight system. the system is pretty straightforward. when recognized, you have five minutes to get your opening testimony. the light will be green and a further four minutes it will turn yellow. i would hope you would look at propping up the testimony and when it turns red, wrapup as expeditiously as you can. we are here to give the benefit of the expertise. when we get into our five minutes questioning session please, try to be respectful of the other witnesses and wrap up your testimony. all right. let's start with the honorable ken starr. you're recognized for. >> thank you mr. chairman. it's an honor to be here and to discuss this very important issue in

bradford livingston, a partner juan in chicago annoying me. a partner at a 0skrllc in emeryville, california. mr. bernard is director of athletics for stanford university in stanford, california. mr. patrick tyler's is managing director at madison dearborn partners in chicago illinois and former minnesota vikings. okay. i could not stop. before i recognize you to provide your testimony let me briefly remind everyone of the five men and lighting system. been the system is pretty straightforward. when i recognize you, you will have five minutes to give testimony. the light will be green. after four minutes they will turn yellow. i would hope that you would be looking to wrapping up the testimony when it turns red please wrap up as expeditiously as you can.