FYI, this was a good explanation. From:
http://www.tkfpc.com/blog/12953/
Michael Rosenberg from Sports Illustrated crystallized the main issue very cogently, when he wrote: “College athletes sign contracts –i.e., scholarships – that require them to do specific work (training, practice, competition) in exchange for specific compensation (tuition, room and board) for a one-year period, renewable by the University. That is an employment agreement anywhere else in America.”
In rendering his decision, in fact, the NLRB Regional Director spent 11 single-spaced pages just reviewing the various requirements and restrictions placed upon scholarship football players.
The key passage in the ruling appears at page 18, where the Regional Director wrote: “The players spend 50 to 60 hours per week on their football duties during a one-month training camp prior to the start of the academic year and an additional 40 to 50 hours per week on those duties during the three or four month football season. Not only is this more hours than many undisputed full-time employees work at their jobs, it is also many more hours than the players spend on their studies…it cannot be said that they are ‘primarily students’ who ‘spend only a limited number of hours performing their athletic duties.’”
The Regional Director also noted that scholarship football players’ athletic duties do not constitute a core element of their educational degree requirements; the academic faculty does not supervise their athletic duties; and their compensation cannot be deemed “financial aid,” because academic financial aid is not supposed to be provided in exchange for any type of service from the student. The Regional Director also comments upon the obvious: That football generates an enormous amount of money. Here, Northwestern reported that its football team generated total revenues of $235 million and incurred total expenses of $159 million between 2003 and 2012. (The Regional Director was untroubled by the fact that the “compensation” paid to the student-athletes is not taxed.)