This Note considers whether college athletes-specifically Division I football and men's basketball players-can utilize the protections of the National Labor Relations Act to form unions. The Note examines the history of the National Collegiate Athletic Association, considers whether National Labor Relations Board jurisprudence allows the application of the NLRA to college athletics, and evaluates the potential consequences of the NLRB certifying a union of college athletes. The Note argues that the NLRB should not allow college athletes to unionize, but should instead let Congress decide whether college athletes are "employees" under the NLRA, and, if so, how they should be regulated.

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