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35 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Restraint of trade
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-eliminates or stifles competition that would normally exist
-Sherman I volation -price fixing |
Mid South Grizzley's v. NFL - claimed territorial restriction; ct said wasn't cause no one was close enough to effect
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Joint Employer
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-2 ee'rs share labor control over a group of what would otherwise be one of ee'rs ee's
-existance depends on control over labor policy -need for uniformity drives -can be a bargaining unit |
NASL v. NLRB - existance depends on control
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Sports Broadcasting Act
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-1961
-Commish agreed to AT exemption for FB/BB/BB/Hockey to join together and put sponsored telecasts on the air -share revenue |
-USFL v. NFL - rights aren't limited to one network so ok
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Essential Facilities
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-Hecht v. Pro Football - where facilities cannot be practicably duplicated by would be competitors, those in possession of them must allow sharing on fair terms
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-USFL v. NFL - case specific 5 factors:
1)essential to compete 2)not duplicable 3)D denied access 4)K won't interfere with lawful dealings 5)P has control over facility |
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Function of a League
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-provide value/maximize profits
-Framework & Creation of the product -Competitive Balance -Cooperation among competitors |
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Structure of a League
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-unincorporated not-for-profit
-great deference to gov selves -based on K relationship with other teams -horizontally organized -oversee profession as a whole |
-Finley - IL law of association - great deference to private entites
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Impasse in Negotiations
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-temp deadlock in negotiations
-can't withdraw from bargaining -after impasse, can make unilateral changes that can be reasonably ascertained from previous negotiation (not MSB) |
-Powell - in impasse, CBA rules for a period after expiration, MSB's must remain in current form
-Brown - non-stat exemption still exists in impasse so no AT claim if barg unit still in tact; still must negotiate |
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Ancilliary Restraint
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-defense to claimed restraint on trade (ancilliary to main pt of agreement)
-otherwise illegal action that allows legal to occur -tested by ROR |
-Raiders I - constitution excluded territorial zones but geo violation necessary for game
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Sherman II
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-one party/monopoly
-willfully required power -either product (substitutes?) or geographic (locations?) |
-AFL v. NFL - natural monopoly can exist
-WHA v. NHL - reserve clause violates |
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Concerted Action
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-building block of LL
-2 workers take action w/respect to MSB -timeline starts with this in union formation -strike is CA |
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Bargaining Unit
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-Sec 8
-comes from NLRA, instituted by NLRB -most time, sport as a whole, not organization -not required to select most appropriate, just app under circs |
NASL v. NLRB - joint relationship b/w league & clubs - league = unit; joint ee'r can be unit; most app under circs
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Exclusive Bargaining Agent
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-Sec 9A
-Reps selected by over 50% of union -indiv can't go to mgmt, must be agent -mgmt neg duty not to bargain w/individuals |
-Morio - goes both ways
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Non-Statutory Exemption for Labor for AT
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-immunity from exemptions from ee & er agreement in MSB
-attaches at first glimmer of union activity -establishes that fed labor policy trumps AT -any union agreement product of GFM = AT exempt |
-Powell - free agent & draft protection continues after CBA
-Brown - Exemption continues after impasse, must still negotiate -Mackey - 3 pt test -Clarett - eligibility is MSB - exempt from AT |
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Mandatory Subject of Bargaining
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-Sec 8D
-Wages, hours, other conditions of ee'ment -always present, must be negotiated in GF -after expiration of K, mgmt required to keep in place until new K or last neg. position |
-Mackey - 2nd step, must concern MSB
-Silverman II - unilateral change in salary not ok -Brown - non-stat labor exemption limited to MSB -Claret - eligibility rules are MSB |
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Unfair Labor Practices 8(a)(5)
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-failure to bargain in good faith with representatives of employees
-supply info, unilateral changes, etc -if it's important enough to be presented, it's important enough to show proof |
-Silverman I - if it's important enough to be presented, important enough to show proof (financials)
-Silverman II - can't make unilateral changes when impasse not met (salary cap) |
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Arbitration Procedures
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-MSB
-independent & impartial/panel or single -on appt, have to disclose relationships -follow standard of law -decision must derive essence from CBA |
-KC Royals - compelled to arb only if agreed to in MSB
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Arbitration SOR
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-preferred by cts b/c agreed to in MSB
-dec will not change unless malfeasance or bias -voluntary, K |
-Garvey - arb can't stray from CBA - "industrial justice"
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Value of a Game
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-league as indication of quality (TM)
-quality of players and nearly equal -balance so outcome of the game is in doubt |
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Rule of Reason
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-balancing pro competative v. anti-competitive
-P shows adv effects, D offers pro-comp reason, P shows less restrictive means -prevailing under Sherman I -comes from Standard Oil |
-Board of Regents - typically would be per se but some horizontal restraint is required
-Law - restricted earnings coaches unreasonable |
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Duty of Fair Representation
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-NLRA grants unions excl rights to neg for all players
-implicit duty to rep and act in GL -union's obligation |
Kennedy v. Peterson - negligence is not enough, conduct must be ambiguous, discriminatory, or in bad faith
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Single Entity
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-the parts of the organization are so closely related that there is actually one entity for operating purposes
-defense to Sherman I |
-American Needle - NFL logo's
-Copperweld - company & subsidiaries -Frasier - structure of soccer single ent must occur |
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Duty to Bargain
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-8d
-mutual obligation to mgmt & ee's -reasonable time & good faith w/respects to MSB -do not have to give in & concede -can't screw with stuff until expiration |
-Silverman I - can't unilaterally impose new terms until impasse
-Silverman II - must continue to bargain |
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Injunctive Relief Under 10(j)
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-if an employee thinks that unfair labor practices under 8(a) are present, can file suit
-If found yes, enjoin and can't continue practice |
-Silverman II - if NLRB finds violation, could issue injunctive relief to allow players to be ee'd under expired CBS until new agreement reached or impasse
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Power of Commissioner
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-derived from the constitution of the league
-K in nature -much power and leeway -must act in the best interest of the game |
-Finley - best interest of the game
-Turner - explict powers in relation to the CBA -Cubs - can't dictate actions of the team |
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Role of Commissioner
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-enforcer of policies
-CEO, chief negotiator and arbitrator |
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Sherman I
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-Congressional Act
-relating to AT -two or more players acting together to unreasonably restrain competition affecting interstate commerce -requires ee'rs to comp indep for ee services, vice versa -ROR analysis (per se violation) |
-American Needle - NLF teams are single source of economic power and necessary for champ games, etc
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Unfair Labor Practices 8(a)2
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-can't dominate or interfere w/union
-mgmt's refusal to bargain on MSB -can't have house unions |
-AFL - 8a prohibits an ee'r from attempting to interfere w/right to freely choose what union to join
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Title IX Rules for Compliance
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-created to even men/women sporties
-3pt test 1. comparision of #teams w/enrollment ratio 2. history & practice of program expansion 3. if no history, has there been full accomodation |
-Cohen v. Brown
-Boucher v. Syracuse - "safe harbors" |
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Salary Cap
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-restriction on owner spending determined by revenue
-Coll barg restraint on salary -% of metric will be min/max, div by # teams = per team cap -Hard - NFL -Soft - NBA -actually opposite |
-Wood - salary cap part of CBA
-Larry Bird NBA exceptions for special athletes |
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Clayton Act 4
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-trebling damages in AT cases
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-Federal Baseball
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Permissive Subjects of Bargaining
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-All else besides MSB that could be bargained for
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-Silverman II - once expired MSB remain in tact until certain condition present, PSB can be unilaterally changed by owners
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Mackey Rules
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-determine if LL
-3 pt test 1. affects the parties subject to CBA 2. must concern MSB 3. agreement part of bonafide arm's length bargaining |
Mackey - Rozelle rule (free agency, one team get's a player, team getting required to give back), said no bonefied bargaining, ROR used
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Unfair Labor Practices
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-8a
1. can't interfere with unionization 2. can't influence or do house unions 3. Can't discriminate 4. Can't retaliate 5. can't refust to bargain in GF w/reps |
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Drug Testing - Professional
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-MSB, neg & agreed to
-maintain the integrity of the game -Power of Commish to suspend |
-Steve Howe - suspended for life, must have just cause
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Drug Testing - Amateur
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-not required but most schools have (voluntary)
-const 4A S&S issues -reasonableness standard - balancing intrusion w/legit gov't interest (nature of privacy, character of instrusion, gov't concerns) |
-Vernonia - lesser expectation of privacy, admin becomes custodian of minors
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