Collective Bargaining in Professional Sports

Author(s):  
Gabe Feldman

This chapter examines the complex collective bargaining process in professional sports leagues. The labor negotiations between players and owners present unique conflicts between labor and antitrust law. The resolution of these conflicts will have a significant impact on the future of collective bargaining between players and owners. This chapter provides a brief overview of the relevant principles of labor law, briefly traces the history of collective bargaining in professional sports, identifies and analyzes the conflict between labor and antitrust law, examines the recent conflicts in the NBA and NFL labor negotiations, and looks forward to future negotiations between players and owners.

Author(s):  
Richard T. Karcher

This article examines the power of professional sports league commissioners to discipline and suspend players for misconduct both on and off the field. It first provides a historical background on disciplinary measures for players in different professional sports leagues, including the National Football League, over the past century. It then considers the source of the commissioner’s power and authority to discipline professional athletes for misconduct as well as the rationale behind it, focusing on the adoption of personal conduct policies at the league level. It also discusses the commissioner’s authority and power to act in the “best interests” of the sport. Finally, it analyzes the limitations on the commissioner’s power and authority, including the collective bargaining agreements and some arbitration and court rulings that involved suspensions of players by league commissioners.


Author(s):  
David George Surdam

This chapter examines the economics of antitrust, with particular emphasis on how antitrust law affects professional team sports. In the late 1800s, Americans worried about the growing concentration of power in the hands of a few producers such as Standard Oil, American Tobacco, and other large firms that consolidated their holds over industries by merging and acquiring other companies. Other industrial leaders sought to fix prices above those obtained under competition. The Sherman Antitrust Act, enacted in 1890, contains provisions addressing “contract,” “conspiracy,” and “trade and commerce.” This chapter first considers how courts applied the Sherman Act to cases involving professional team sports before discussing the characteristics of professional sports leagues, how owners of professional sports teams reported profits and losses, the issue of player salaries and exploitation, and competitive balance and revenue sharing in professional leagues. It also describes franchise relocation and expansion and how television created demand in sports.


2020 ◽  
Vol 30 (1) ◽  
pp. 63-81
Author(s):  
Sarah M. Brown ◽  
Natasha T. Brison

The use and integration of wearable technology (wearables) into professional sports is increasing rapidly. At a minimum, the NFL, NBA, MLB, NHL, and MLS have all integrated wearables into their training. Teams’ hope the biometric data obtained from the wearables will sharpen athletic performance, create competitive advantages, enhance fan experience, and generate new revenue streams. However, to obtain these desired outcomes leagues must adequately protect their athlete’s biometric data (ABD).  The purpose of this paper is to examine and compare the CBAs of the NFL, NBA, MLB, NHL, and MLS management of wearables and ABD. Specifically, this paper will discuss the potential gaps in protection of ABD within the CBA and explore whether federal and state laws are applicable to protect the data. Findings from this analysis improve our understanding of professional sport leagues management of ABD and expose the limitations of protection at the league, state, and federal level.


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