What would a league without a union look like?
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12-25-2012, 02:43 PM
Join Date: Jan 2005
Originally Posted by
There are numerous legal precendents in this case:
Brown v. Pro Football, Inc. is perhaps the most direct and notable. The court has held that labor law provides a non-statutory exemption from anti-trust laws.
Brown v. Pro Football has little to do with the current situation. It just extended the Non-Statutory Labor Exemption to cover terms imposed after an Impasse.
The timeline of NFL cases:
Mackey v NFL (1976): threw out the Rozelle rule, ruling it was not the product of bona fide armís-length collective bargaining. It set out the three prong test used to determine the extent of the Non-Statutory Labor Exemption.
1) the restraint on trade must primarily affect only the parties to the collective bargaining agreement;
2) the agreement must concern a mandatory subject of collective bargaining; and
3) the agreement must be the product of bona fide armís-length bargaining.
Powell v NFL (1989): held that the Non-Statutory Labor Exemption still holds after the expiration of a CBA, even after an Impasse was declared. It was after Powell that the NFLPA disclaimed and began the McNeil case.
McNiel v NFL (1992): Judge Doty rules that the NFL is no longer protected by the Non-Statutory Exemption and allows a jury trial. Jury awards damages.
Brown v Pro Football (1996): Upholds that the Non Statutory Exemption applies to terms imposed after an Impasse.
Of course, none of these precedents -except Judge Doty's trial court ruling are applicable if the NHLPA disclaims/decertifies.
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