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 petition filed by the union. This means that the ballots cast on April 25 and impounded by the NLRB pending its review of Regional Director Peter Ohr’s decision finding the athletes to be employees under the Act will not be opened and counted.

We will have more on the Board’s decision shortly.