On January 31, 2017, the NLRB General Counsel issued the attached Memo Download GC 17_01 Report on the Statutory Rights of University on the statutory rights of university employees and students.
As readers may be aware, the Board recently issued several significant cases related to university employees and students in representation cases. The Memo essentially states that the General Counsel will continue to determine whether discriminatees are employees protected by the Act. The Memo also states that the GC will consider whether scholarship football players at private universities employees under the Act (a question left open by Northwestern).
Of course, this Memo was issued at an unusual time as it is very likely that the law may change after Trump makes his appointments to the NLRB.
Mitchell H. Rubinstein