ADV 378S Lecture Notes - Lecture 15: Luxury Tax, National Labor Relations Act, A.D. Vision
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ADV 378 Apr 4th:
National Labor Relations Act of 1935
oRight to form unions
oEngage in collective bargaining
oPermits workers to strike (concerted activity)
oMore often used to seek changes in
Wages
Hours
Working Conditions
oUnions represent workers in negotiations with their employers
oEmployees cannot be fired for participating in union activities
oOnce a union is formed and authorized
Can strike as a method of leverage
Employers can have the right to lockout employees to demonstrate
leverage if the CBA has expired
Unfair Labor Practices
oEnforced by National Labor Relations Board
oCan create sanctions against either party
oFailure to bargain in good faith with regards to wages, hours, and working
conditions
Delaying tactics
Employers taking unilateral action on wages, hours or conditions without
union consultation
oException: an impasse: the parties cannot agree despite honest negation
oChanges the status to one where an employer can hire replacement workers of
fire the strikers
oStandards for defining an impasse are not always clear
Replacement
oNFL: 1987, Players returned after three weeks
oMLB: 1995, dispute settled before season started, replacements found but not
used, blacklisted by player’s association
oNFL: 2012, replacement refs
Difference between Pro sports and other unions
oElite skilled practitioners
oManagement use of replacement workers more difficult than other industries
oPros negotiation with their own individual contracts (within the CBA)
oDifferences in player pay may be millions vs. few cents an hour, making union
cohesion more difficult
Evolution of Pro Sports Unions
oBegan as fraternal orders
oReally only came about in 1950’s
oTook 20 years before player’s unions wielded significant clout
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