Dartmouth basketball players remain on schedule to vote Tuesday on whether to form the nation’s first-ever college athletes’ labor union after a National Labor Relations Board official rejected the school’s request to reopen the case.

NLRB regional director Laura Sacks denied the school’s request on Monday, saying there was no new evidence that wasn’t previously available to Dartmouth. Still pending is a request by the school to put off the vote.

Sacks ruled on Feb. 5 that Dartmouth basketball players are employees of the school, clearing the way for an election on whether they want to unionize. The vote is scheduled for Tuesday on the school’s Hanover, New Hampshire, campus.