October 12, 1892

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October 12, 1892

• Welcome to Sports Law

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The Rest of the Story .60 Minutes, October 11,
2009
http//www.cbsnews.com/video/watch/?id5377319nta
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Last Time--.

• Non-Statutory Antitrust Exemption (END)
• Brown v. Pro Football, Inc., p 244post-impasse
  unilateral changes o.k. if
• imposed standard is reasonably comprehended
  from employers preimpasse proposalincluding
  last rejected proposal AND
• bargaining process free of unfair labor practice,
  such as a failure by the employer to bargain in
  good faith
• Court rejects other times for ending exemption

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Chapter FourNLRB to Sports

• American League v. Umpires, p 287
• NLRA applicable only to interstate commerce
  Conceded here, despite pre-Flood date
• Once NLRA in, labor relationship begins
• Employer Retaliation Seahawks v. McCullum, p
  294 Legal Standard
• If union activities are a "motivating factor" in
  the discharge, the discharge is impropera FACT
  Question

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Bargaining Agent Issues

• North American Soccer League v. NLRB, p 300
• In dealing with leagues, NLRB finds league is
  multi-employer unit employer is all the teams
• Effect of Certification, Morio v. North American
  Soccer League, p 305
• Once union certified, employer must bargain with
  that exclusive bargaining agent
• If a refusal to bargain, union can enjoin any
  ks
• Any agreement with non-union also voidable

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Agents

• All agents take their right to bargain for a
  player from the unionnot the league
• Union is exclusive bargaining entity
• Cedes some of its authority to individual player
  agents

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Whats the Point

• Once we have a union
• Can player negotiate their own salary?
• If no, how does it happen?Supp., p 84
• What else can union do with salaries?
• Can it agree to salary caps?
• Can it agree to revenue sharing?
• Does it matter that some players get less?

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Duty to Bargain in Good Faith

• P 310.
• Unstated is that obligation of union and
  management is to bargain over Mandatory Subjects
  of Collective Bargaining
• That is, Terms and Conditions of Employment
• Does not include key management decisions
• Like shutting down a plant
• But, must bargain over the impact of that
  closing
• Suppose MLB wants to move a team from one city to
  another?

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Silverman v. MLB Players Relations Committee, p
313

• Daniel Silverman is Regional Director of NLRB
• Renders decision in cases involving labor matters
• Can assist parties in court

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Silverman v. MLB Players Relations Committee, p
313

• What was union seeking?
• Why?
• What did NLRB do? Why (factuallythat is what
  did Commissioner do that may have caused
  decision)?
• Does District Court agree?
• Why or why not?
• Can Union EVER receive Financial Data? Under
  What Circmstances?

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• As a result of Silverman I, what labor coercive
  tactic happened next? Why?

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Silverman v. MLBPRC, p 320

• Same Case NameDifferent Case
• Facts
• How do I know that what PRC did was BEFORE
  Impasse?
• Issue
• Why does it matter if an issue is a Mandatory
  Subject of Collective Bargaining?

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Silverman v. MLBPRC, p 320

• P. 322-23
• Interest v. Rights Arbitration?
• Which is this? Why?

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Silverman v. MLBPRC, p 320

• P. 322-23-- I assumed salary arbitration
  interest arbitration
• Court says rights
• Terms of major league baseball players contract
  are negotiated before the salary is determined
• In Salary Arbitration, player and team sign K
  with blank salary
• At end arbitrator fills in amount
• Thus, arbitrator is fleshing out terms of
  existing contract

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Silverman v. MLBPRC, p 320

• Note the presence of Judge (Justice) Sotomayor in
  case
• As you can see from notes, p 325, the decision
  did result in the compromise that led to
  settlement of this dispute

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Enlarging the regular season/playoff schedule?
• Adding/eliminating the DH?
• Adding/eliminating overtime to break ties?
• Adding/eliminating artificial turf?
• Repeal of hockey helmet law?
• Adding/eliminating Instant Replay?
• Shifting some of teams home games?
• Elimination of teams?
• Who is the Commissioner?

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Enlarging the regular season/playoff schedule?
• Mandatory Subject

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Adding/eliminating the DH?
• Does this affect working conditions of at least
  one player? Consider Bonds/Aaron

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Adding/eliminating overtime to break ties?
• Hours of work????

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Adding/eliminating artificial turf?
• Working Conditions????

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Repeal of hockey helmet law?
• Ill hear people on this one????

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Adding/eliminating Instant Replay?
• As to Players
• More money if more hits??
• As to Umpires/referees
• Isnt this an easy question??

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Shifting some of teams home games?
• Ill hear arguments on this one too

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Elimination of teams?
• Cant management close a plant?
• This is no different?

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Mandatory Subjects of Collective Bargaining, p
327 note 5

• Who is the Commissioner?
• The press is the only entity that considers this
  person as acting in the Best Interests
• This person is Owners employee.

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Economic Conflict Issues, p 327

• Whats the point of a Management/Union
  Relationship?
• What does Management get?
• What does Labor get?
• Notes, p 327 Unfair Labor Practice charges not to
  be main type of employee protection

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Economic Conflict Issues, p 327

• What are the Economic Coercive means of
  accomplishing labor laws ends?
• What about strike-breakers?
• When will court interfere?

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Whats the Point

• NFL Mgt. Council and NFLPA, p 328
• Returning players had to be in camp by a certain
  date
• When will court overrule managements right to
  restrict?
• Inherently Prejudicial
• Devoid of Economic Justification

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NFL Mgt. Council and NFLPA, p 328, IIHow to
Prove?

• Per se illegality-
• Opinion does not say which, BUT
• some things so clearly meet this two prong
  standard that just doing them carries the
  inference of illegality

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NFL Mgt. Council and NFLPA, p 328, IIIHow to
Prove?

• Other cases
• Employee must prove employer engaged in
  discriminatory conduct that could have adversely
  affected the employee's rights (under the labor
  laws) to any extent

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NFL Mgt. Council and NFLPA, p 328, IVHow to
Prove?

• Then, employer can prove the action motivated by
  legitimate business objectives (employer has
  proof of thisso burden shifting o.k.)

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NFL Mgt. Council and NFLPA, p 328, VHow to Prove?

• Standard p 330court rejects all employer
  reasons
• Court using a simple balancing scale to determine
  if the activity is more motivated by legitimate
  business concerns than by antiunion sentiment

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Notes, p 332

• Notes 1-4Make strategic labor decisions
• Answers depend on facts outside the law
• 1994 Baseball strike, the reason was economic

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Notes, p 332, II

• Players paid monthly during season Paid most by
  Aug.
• Owners receive 2/3 of TV for pennant-race/playof
  fs
• Players get maximum economic impact by striking
  late in the year

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Notes, p 332, III

• Basketball lockoutimmediately after the
  seasonsame
• Owners had their money
• Players not really harmed but could not use team
  facilities for workouts

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Notes, p 332, IVCanada Connection

• Baseball, hockey and basketball subject to
  US/Canada labor law
• Canadian labor law differs on replacementsowners
  not allowed to continue while labor exercising
  permitted sanction
• Canadian teams would play in US.

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Notes, 2-4, p 335

• If one ownerhere Peter Angelosdoes not want to
  use replacement players (Business dealings with
  labor)
• Other owners can penalize him

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Note 5Obligations to Fans

• If replacements, do season ticket holders have
  action?
• Not labor law All affected have their rights
  under property or other contract law

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Administration of Labor Agreement

• KC Royals v. MLBPA, p 337
• Appeal of Messersmith/McNally
• What did Basic Agreement say about Reserve Rule
• 1968 Agreement?
• 1970 Agreement?
• 1973 Agreement?
• Is Reserve Rule outside agreement? What do
  teams argue?

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KC Royals v. MLBPA, p 337

• How is this case like Boston Celtics v. Brian
  Shaw, p 115?
• What is the standard?
• Do you agree with the Arbitrators decision?
• Why does your personal agreement/disagreement not
  matter?

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Whats the Point

• When will a court interfere?