After reading the NLRB general counsel’s memo again, there are a few important issues/questions I noticed.

1. The memo’s decision that athletes are employees seems to hinge on athletes being compensated via athletic scholarships. It appears walk-one are not deemed employees. 2. I’ve seen commentary that this only applies to athletes at private schools. The NLRB was aware of this and addressed it in footnote 34. It says when a conference is an independent private entity it may exert jurisdiction over the conference/NCAA even if members are public.