Sport Law Lesson 5

Front 1

In the late 1880s, MLB operated under a _____

Back 1

Reserve system

Front 2

A _____ in a player's contract permanently bound the player to the team until released or traded

Back 2

Reserve clause

(clubs retained the rights to the player's services even when his contract expired; the player had no bargaining leverage on wages, which team to play for, or where to live)

Front 3

_____ was passed by congress in 1890 to break up ever-increasing monopolies, it prohibits monopolies in commerce

Back 3

Sherman Antitrust Act

Front 4

_____ - exclusive possession, control or ownership of a market or activity controlled by one party with no effective competition

Back 4

Monopoly

Front 5

_____ - any type of commercial activity between people or businesses across state lines (in different states)

Back 5

Interstate commerce

Front 6

In 1998 congress passed the _____ which finally made MLB subject to antitrust law (under the Sherman Act)

Back 6

Curt Flood Act

(applies only to MLB players, and not to other aspects of MLB such as the draft, minor leagues, franchise relocation)

Front 7

Prior to the Curt Flood Act, professional athletes adopted a different strategy taken from organized labor, taking advantage of _____

Back 7

Labor laws to create player unions

Front 8

The _____ was enacted during the great depression to enforce and regulate labor activities; allowed workers to unionize and created the _____

Back 8

National Labor Relations Act of 1935 (NLRA)

National Labor Relations Board (NLRB)

Front 9

The NLRA established 3 significant employee rights:

Back 9

1. Right to join/assist a union

2. Right to engage in collective bargaining through a representation of the group's own choosing

3. Right to engage in concerted activity for one's own mutual aid and protection (such as going on strike)

Front 10

Once a union is certified, it becomes the _____ for employees, that means that management can only bargain with the union, or its authorized representatives

Back 10

Exclusive bargaining representative

Front 11

Upon certification of the union, 2 legal duties aries (referred to as _____): (name them)

Back 11

Mandatory Subjects for Bargaining

1. Management is required to engage in collective bargaining over hours, wages, and terms and conditions for employment

AND

2. The union has a duty of fair representation which requires the bargaining representative to represent all employee fairly, even those who are not members of the union

Front 12

Statement to remember about labor law exceptions to antitrust law

Back 12

What antitrust law prohibits, labor law allows

Front 13

Congress enacted the _____ which exempted organized labor from antitrust liability if it was acting in its own self interest

Back 13

Clayton Act of 1914

Front 14

The court established the _____ to antitrust law because there was no similar protection like the Clayton Act for management

Back 14

Non-Statutory Labor Exemption

Front 15

The Supreme Court has said that agreements between unions and management are exempt from antitrust law if they meet this test:

Back 15

1. Injured party is a party to the collective bargaining agreement

2. The subject of the antitrust complaint is one of the "mandatory subjects for bargaining"

3. The agreement is reached through truly arms length bargaining

Front 16

A contract between management and the union that expresses the agreed terms of employment and work conditions; once the parties have entered into this it controls the terms and conditions of the workplace

Back 16

Collective bargaining agreement (CBA)

Front 17

Even after the CBA expires, labor law requires the parties to maintain the _____ and continue bargaining for a new CBA until the parties reach _____

Back 17

Status quo

Impasse

Front 18

_____ is the point in negotiations at which an agreement cannot be reached through good-faith bargaining

Back 18

Impasse

Front 19

Once the parties reach impasse management is allowed to implement its final proposals whether the union likes it or not; the union response is typically a _____ (name and define)

Back 19

Strike

A work stoppage by union members as a means to force the employer to grant certain demands or concessions such as increased wages or improved working conditions

(labor law requires a 60 day cooling off period before the strike can begin)

Front 20

Once you reach impasse you must go to the _____ and they have to declare impasse

Back 20

NLRB

Front 21

The players' associations have delegated their authority to negotiate _____ to agents

Back 21

Individual players' contracts