I saw that about a week and thought he could very well be breaking the law, but I also thought he did it w/o knowing the laws and rules. The players don't need a union, but some common sense from the NCAA and all college presidents and not from the league commissioners. They are the ones who are corrupting the game more than anyone else involved.
But if a email comes out shows that the university told him to say this, then this is a whole brand new ball game on that issue. But don't be surprised if someone who wants to be a Business Agent for this union might want to make it a big deal, then you will see that the University might have to hand over all emails and talks between Fitzgerald and the university.