This recent opinion says that college football players at private schools are employees. However, this is not a decision by the NLRB. It's an opinion by the NLRB's general counsel outlining the general counsel's "prosecutorial position" and offering "a guide." This opinion is not legally binding. The schools don't have to comply with it.
The NLRB itself declined to exercise jurisdiction over college football players a year and a half ago. Some Northwestern players filed a petition to unionize. The NLRB ruled that allowing unionization at one private school would not promote stability in labor relations. Public schools are exempt from the labor relations laws, so there was never any question about public school players unionizing, and the NLRB didn't think it was proper to extend unionization rights only to players at one private school. So the NLRB dismissed the unionization petition. That NLRB decision is binding. So players can't unionize.
The general counsel's opinion concedes that the unionization issue has been decided by the NLRB. But the general counsel says the players may have other rights as employees, specifically the right to be protected from retaliation if the players were to take concerted action to pursue their interests. This is just an advisory opinion, however, not a ruling by the NLRB. The general counsel's term expires in November. A new general counsel may well have a different opinion. The NLRB, which eventually will have a Republican majority as the new administration appoints members, has the last word and can overrule the general counsel.
The NLRB itself declined to exercise jurisdiction over college football players a year and a half ago. Some Northwestern players filed a petition to unionize. The NLRB ruled that allowing unionization at one private school would not promote stability in labor relations. Public schools are exempt from the labor relations laws, so there was never any question about public school players unionizing, and the NLRB didn't think it was proper to extend unionization rights only to players at one private school. So the NLRB dismissed the unionization petition. That NLRB decision is binding. So players can't unionize.
The general counsel's opinion concedes that the unionization issue has been decided by the NLRB. But the general counsel says the players may have other rights as employees, specifically the right to be protected from retaliation if the players were to take concerted action to pursue their interests. This is just an advisory opinion, however, not a ruling by the NLRB. The general counsel's term expires in November. A new general counsel may well have a different opinion. The NLRB, which eventually will have a Republican majority as the new administration appoints members, has the last word and can overrule the general counsel.