We’re beginning to think that NLRB General Counsel Richard Griffin has never heard the Kenny Rogers classic song, The Gambler. Notwithstanding the Trump election and the likelihood that NLRB excesses will be reversed when the President gets control of the Board next year, Griffin keeps pushing expansion of the NLRB reach. This week, he issued a memorandum on the “statutory rights of university faculty and students,” which he alleged was “raised but left unresolved” in the NLRB Northwestern decision from 2015. Griffin concludes that “scholarship football players in Division I … private sector colleges and universities are employees under the NLRA, with the rights and protections of that act.” Let that sink in for a minute – student athletes are employees if they attend on scholarship! Griffin’s office, which does not have jurisdiction over public universities, appears to be encouraging private university football players to begin union drives! Fortunately, Griffin’s contract expires in November and the guess is that Labor Secretary-nominee Andy Puzder will take a different view on the wisdom of reappointing him.