The Impact of the Intersection of Antitrust and Labor Laws on Collective Bargaining in U.s. Professional Sports PDF Download
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Author: Erin Ryan Publisher: ISBN: Category : Languages : en Pages :
Book Description
This thesis analyzes the impact that the intersection of antitrust and labor laws has on collective bargaining in professional sports. Using the lockouts and litigation of the National Football League (NFL) and the National Basketball Association (NBA) in 2011 as case studies, this thesis will show how the convergence of antitrust and labor laws can provide a profound form of economic leverage for professional sports unions, because it exposes professional sports leagues to the possibility of antitrust litigation. It will examine a history of the relevant antitrust and labor laws, and will analyze an extensive of lawsuits relating to professional sports, to examine the development of the nonstatutory labor exemption. It will then detail the 2011 NFL and NBA lockouts, and the outcomes of the resulting collective bargaining agreements. By analyzing the use of antitrust litigation by both players unions, this thesis will conclude that dismantling the nonstatutory labor exemption through the renunciation and disclaiming of interest by professional sports unions is a powerful form of leverage that will likely shape the future of collective bargaining in U.S. professional sports.
Author: Erin Ryan Publisher: ISBN: Category : Languages : en Pages :
Book Description
This thesis analyzes the impact that the intersection of antitrust and labor laws has on collective bargaining in professional sports. Using the lockouts and litigation of the National Football League (NFL) and the National Basketball Association (NBA) in 2011 as case studies, this thesis will show how the convergence of antitrust and labor laws can provide a profound form of economic leverage for professional sports unions, because it exposes professional sports leagues to the possibility of antitrust litigation. It will examine a history of the relevant antitrust and labor laws, and will analyze an extensive of lawsuits relating to professional sports, to examine the development of the nonstatutory labor exemption. It will then detail the 2011 NFL and NBA lockouts, and the outcomes of the resulting collective bargaining agreements. By analyzing the use of antitrust litigation by both players unions, this thesis will conclude that dismantling the nonstatutory labor exemption through the renunciation and disclaiming of interest by professional sports unions is a powerful form of leverage that will likely shape the future of collective bargaining in U.S. professional sports.
Author: United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations Publisher: ISBN: Category : Business & Economics Languages : en Pages : 128
Book Description
Distributed to some depository libraries in microfiche.
Author: Michael H. LeRoy Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Using textual analysis and data from federal court opinions, I explore the relationship between collective bargaining and antitrust litigation in baseball, football, basketball, and hockey. Since collective bargaining began in these sports in the 1960s, there have been 21 strikes or lockouts. Baseball and football have had the most labor strife, with 8 work stoppages apiece - but their experiences have been very different. Because the Supreme Court ruled that baseball is completely exempt from antitrust law, players have had to use the strike weapon under the National Labor Relations Act (NLRA) to liberalize free agency and increase team competition for their services. Football players, in contrast, staged several unsuccessful strikes in the 1970s and 1980s. Because of their weak bargaining power, they decertified their union in 1991 and 2011. This gave them standing as individuals under the Sherman Act to challenge NFL restrictions on their labor market mobility. Using detailed case materials, I show how a district court constantly supervised their labor agreement from 1993-2011. My study draws from legal and industrial relations theories to explain how labor agreements in pro sports are settled by collective bargaining or antitrust litigation. First, when courts do not define the antitrust-labor law boundary so that labor disputes are exempt from their jurisdiction, they open an alternative path to bargaining these agreements. Second, when courts entertain antitrust lawsuits, they raise the odds that economic weapons under the NLRA will not be used because of judicial inclination to protect players from irreparable harm and injury resulting from league-imposed labor market restrictions. Third, as this behavior becomes a pattern, collective bargaining is disrupted by faulty information as players, unions, and leagues guesstimate the odds that their differences will be settled at a collective bargaining table or in a court supervised negotiation. Fourth, as players negotiate better agreements in court compared to the bargaining table, they become addicted to this settlement process. To apply these theories, I use data from 82 federal antitrust court opinions from 1965-2011. Individual players are the most common antitrust plaintiff (65.5%), compared to player unions (8.6%). This means the dispute resolution processes of collective bargaining are supplanted by litigation in federal courts. And except for baseball players, pro athletes often lose labor disputes when economic weapons are used. Their dismal bargaining experience substantially improves, however, by suing under the Sherman Act. In court, players win 43.9% of the rulings, compared to 46.3% for the leagues. These rulings - for example, an injunction that ends a league's restrictions on free agency - can have dramatic consequences for antitrust settlements that are later codified in a collective bargaining agreement. Textual analysis of cases supports this conclusion. Applying the “narcotic effect” theory from industrial relations, I conclude that antitrust litigation addicts players in football and basketball to the adjudicatory procedures of the Sherman Act - thereby replacing collective bargaining. This is undesirable because Congress intended, under the NLRA, to leave labor and management free from government interference as they adjust their differences. In contrast, baseball's total exemption from antitrust law, combined with its high frequency of work stoppages, shows what happens when the opiate of antitrust litigation is not available to players: In time, labor and management establish an informed bargaining protocol, and work through their issues by making difficult concessions on their own. As long as courts entertain these sports lawsuits under the Sherman Act, collective bargaining will be subverted.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition Publisher: ISBN: Category : Law Languages : en Pages : 216
Book Description
Distributed to some depository libraries in microfiche.
Author: Warren Freedman Publisher: Praeger ISBN: Category : Law Languages : en Pages : 170
Book Description
Experienced attorney and sports enthusiast Freedman provides a comprehensive and extremely informative discussion of the antitrust legislation that affects professional sports--now undeniably a major business in the United States. In addition to thorough coverage of such legal aspects of professional sports as exemption and non-exemption from antitrust laws, anti-competitive practices, restraints of trade, and state regulation, Freedman also provides relevant case law and supporting decisions throughout. Following an introductory section outlining the history of professional sports law and an overview of legal relationships in professional sports, Freedman traces the experience of each of the major sports--baseball, football, basketball, hockey, boxing, wrestling, tennis, golf, and soccer--as pertains to antitrust laws. He offers an incisive analysis of monopolistic aspects of professional sports and other anti-competitive practices against the professional athlete and also examines state regulations and tort and contract liability in professional sports. He concludes with a chapter on the relationship between professional sports and First Amendment freedom of expression.
Author: L. Elaine Halchin Publisher: Createspace Independent Pub ISBN: 9781480151673 Category : Law Languages : en Pages : 48
Book Description
Prior to the 2011 National Football League (NFL) lockout, developments in professional football's labor-management relations had prompted questions regarding how, when, and in what manner a new collective bargaining agreement (CBA) might be drafted. Interest in this matter included, on the part of some observers, questions about how Congress responded to previous work stoppages in professional sports. In attempting to address this particular question, this report examines congressional responses to the 1982 and 1987 work stoppages in the NFL. With the conclusion of the 2011 NFL lockout in July, this work stoppage is also included. Additionally, this report examines the 1994 Major League Baseball strike, which is useful considering the extent of congressional activity surrounding this strike. Compared to the 1994 baseball strike, the 1982 and 1987 football strikes and the 2011 lockout did not garner much attention from Congress in terms of legislative measures and hearings. Three legislative measures were introduced in response to the 1982 strike; one each was introduced in response to the 1987 strike and the 2011 lockout. Members introduced or offered 22 legislative measures and held five hearings that were related to the baseball strike. With one exception (S.Res. 294, 100th Congress), none of these measures was approved by either house. Members who introduced, or otherwise supported, legislative measures offered reasons for promoting congressional intervention. Their arguments touched on, for example, the economic impact of work stoppages, the role of baseball's antitrust exemption in establishing a climate conducive to players' strikes, previous congressional involvement in professional sports, and a responsibility to ensure the continuity of football (or baseball). Disagreeing that congressional intervention was warranted, other Members offered several reasons why Congress ought not to intervene. For example, one Member suggested that repealing baseball's antitrust exemption would alter the balance of power in professional baseball. Other Members believed that more pressing matters deserved Congress's attention. At least one Member suggested that a particular bill, if enacted, would have the effect of favoring the players over the owners.
Author: Matt Nichol Publisher: Edward Elgar Publishing ISBN: 1788115015 Category : Languages : en Pages : 256
Book Description
This book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball in the United States and Nippon Professional Baseball in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly Publisher: ISBN: Category : Antitrust law Languages : en Pages : 268
Book Description
Considers S. 616 and related S. 886, to amend the Federal Trade Commission Act to clarify the antitrust status of professional sports leagues.
Author: Erin Ryan
Author: Erin Ryan
Author: United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations
Author: Michael H. LeRoy
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition
Author: R. David Ware
Author: Edward B. Miller
Author: Warren Freedman
Author: L. Elaine Halchin
Author: Matt Nichol
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly