Having been tied up in court on several of their major rulings regarding business issues (joint-employer, ambush elections, etc.) the NLRB has created a parallel universe of sorts with their rulings that university graduate students along with certain football-playing student athletes (students being the operable word in both cases) are employees for purposes of the Fair Labor Standards Act! As a result, graduate students at Duke University held a 2nd union representation election last month, but the outcome may not be what the NLRB prefers – of the 1089 votes counted, 691 voted against unionizing versus 391 in favor. The NLRB then impounded another 503 disputed votes and suspended the tally. Duke is challenging some of the votes of students who are no longer “employed”. As to bowl-division college football players, a former USC linebacker is hoping to cash in on NLRB rulings and win compensation from “joint-employers NCAA and PAC-12” for his years on the college gridiron.