When was the last time you watched a college basketball game, or a college football game? Was it March Madness? How about bowl season? I bet you loved watching the game. I am even willing to bet that whether your team won or lost you were being entertained. Now take a second and think about that game, did somebody get hurt? If you are like me and like most sports fans, we want to see the best players play at their highest level and do not want to see them fall to injury. The reality remains, injuries do happen and some take a long time, and even a lifetime to fix. But, who will be around for these athletes in 10 or 15 years after they are out of school? Injuries, both physical and mental last long after their four-year scholarship and these athletes are lacking the protection and representation they need when college is over. Most of these athletes are not going to be profession in their sport and if the lack of representation for student-athletes continues, these athletes may never become professional in anything else. This is the reality for a student-athlete. The lack of employee representation has been an issue in many professions and now college athletics as well and a change needs to be made. There is a constant struggle for balance between employers and employees for power. Employees are often underrepresented in the workplace. Marie Gottschalk is a proponent of universal healthcare as well as an avid union activist. Her research puts the two together combining the importance of unions and healthcare that they provide for their members. For that reason, Gottschalk argues for union membership because she feels it is a way for a sustainable healthcare outlet for entire families and makes a compelling argument against unorganized workplaces. Gottschalk argues that at non-union workplaces, employers can discipline or even fire their employees at any time under any circumstance and a non-union employee will have no chance to fight it unless it has been deemed illegal in past history.1 The problem with non-union worksites is they immediately lose health coverage unless their contract was constructed otherwise. The Utility Workers Union of America (UWA) is an organization of members united by the belief in the dignity and worth of workers that is in the forefront of formulating new unions by informing employees. The UWA outlined the simple benefits of being on a union worksite. If the jobsite is a union worksite than the employees can “contract negotiations that require both sides-labor and management-to listen, and reach reasonable compromises acceptable to both sides” as well as “negotiate wages, benefits and working conditions.”2 The perk is, “if you are not satisfied, you can work for changes during contract negotiations” to try and make it more equitable for both sides, the employer and employee.3 There is a reason more employees are not organized in unions. Many workers in the labor movement have been kept from organizing unions and becoming employees because of legal or employer barriers. However, these barriers are now being taken on and in some cases been broken down due to the Nation Labor Relations Board’s (NLRB) changing stance on what it means to be an employee. The “term "employee" shall include any employee, and shall not be limited to the employees of a particular employer, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor.”4 To this day, employees are unable to organize unions unless they are considered employees and are approved by the NLRB. Workers that were not considered employees have been fighting for the employee label since 1935. In 1935 the Wagner Act, more commonly known as the National Labor Relations Act (NLRA) became law.5 Since the enactment of the NLRA, Hospital workers in 1974 and college athletes now have fought to become employees.6 There are other examples of success stories as well but they are few and far in between. The NLRB is historically stubborn in their practices. They are a system primarily based on precedent that rarely changes its stance. However it is important the NLRB see the Wagner Act as a living document and do not get bogged down in an outdated definition. Their definition of an employee is stuck in 1935 when the reality remains that 2014 is very different in terms of labor practices and what it means to be an employee. If nearly everything since 1935 in America has changed, than the definition of employee must change to ensure that as many pe