The National Labor Relations Board has declined to assert jurisdiction in the case involving Northwestern University football players who receive grant-in-aid scholarships. As a result, the Board did not determine if the players were employees under the National Labor Relations Act.  Instead, the Board exercised its discretion not to assert jurisdiction and dismissed the representation

The long-awaited Labor Board election in which scholarship football players at Northwestern University will decide on union representation is scheduled for tomorrow.  If some published reports are accurate, a majority of those players who vote will vote “no” – against union representation.  However, because of the pendency of Northwestern’s appeal of the Regional Director’s March

In a decision that has wide-ranging implications for college and university athletics programs, the Regional Director for Region 13 of the National Labor Relations Board has found that scholarship football players at Northwestern University are “employees” within the meaning of the National Labor Relations Act and eligible for union representation. The Regional Director found appropriate

If the newly formed College Athletes Players Association (“CAPA”) has its way, the union will represent the football players at Northwestern University in Chicago.  CAPA wants to represent college athletes in dealing with the National Collegiate Athletic Association (“NCAA”), the group that sets rules and standards for almost all college sports.

CAPA claims to represent