Technically, the National Labor Relations Board is right.
In its "ruling" that dismissed the College Athletes Players Association, the NLRB didn't rule, which is technically by the book. The board members can make that non-decision and move on with their days, according to Supreme Court precedent.
At first glance, the lack of a decision that led to the dismissal of the Northwestern football players' union petition could be seen as a total and utter victory for the NCAA and its burning desire to maintain the status quo. In actuality, though, the board's opinion further clutters a clouded national discussion about the relationship between major college athletics and academic institutions.