As National Labor Relations Board Member Nancy Schiffer’s term ends on December 16, 2014, the expectation is that a flurry of important NLRB decisions will be issued before then, including on whether scholarship student-athletes are employees under the NLRA (Northwestern University, Case 13-RC-121359). This expectation is based on what occurred prior to the expiration of former-NLRB Member Brian Hayes’s term on December 16, 2012. In the six days preceding his departure, the Board issued at least seven notable decisions. See “Expect NLRB Whirlwind before Schiffer Leaves”.
Most commentators, including this one, believe the NLRB will decide the student-athletes are employees covered by the National Labor Relations Act.