IMG Fires First Salvo...

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Weary

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Jul 1, 2003
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kdb209 said:
Time for you to brush up on non statutory labor exemptions, Clarett v NFL, and Wood v NBA - Curt Flood has nothing to do with this situation. Neither does Spencer Haywood if anyone cared to bring him up.
As far as I know, a case like this one has never been tested. The non-statutory exemption does not offer absolute protection.

In the NFL and NBA, the bargaining unit and the players under contract are one in the same. If a player doesn't make the big leagues, he's free to try to catch on elsewhere. In the NHL, the situation is quite different. The NHLPA only represents players on NHL rosters. But teams retain the rights to players who don't make the NHL. This means the NHLPA is bargaining for the working conditions of non-members. It's not the same situation as any of the cases mentioned.
 

kdb209

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Jan 26, 2005
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Weary said:
Originally Posted by kdb209
Time for you to brush up on non statutory labor exemptions, Clarett v NFL, and Wood v NBA - Curt Flood has nothing to do with this situation. Neither does Spencer Haywood if anyone cared to bring him up.
As far as I know, a case like this one has never been tested. The non-statutory exemption does not offer absolute protection.

In the NFL and NBA, the bargaining unit and the players under contract are one in the same. If a player doesn't make the big leagues, he's free to try to catch on elsewhere. In the NHL, the situation is quite different. The NHLPA only represents players on NHL rosters. But teams retain the rights to players who don't make the NHL. This means the NHLPA is bargaining for the working conditions of non-members. It's not the same situation as any of the cases mentioned.

No. This isn't really that different. In both the NFL and NBA, the respective PAs are the bargaining unit for players not under contract - free agents, non-drafted players, and unsigned and future draftees. In fact, all unions bargain for the working conditions of non-members - future workers. The non statutory labor exemption is not something unique to sports - it existed in court and NLRB decisions before it was ever applied to a professional sports league. Restraint of trade issues in hiring existed long before the advent of professional sports drafts - ie hiring hall restrictions where it was the union (rather than the employer) who decided how and where an employee could be hired.

The non statutory labor exemption came to be out of the unavoidable conflict of labor law (and the rights of employers and labor to collectively bargain) and antitrust law. Courts and the NLRB have held that terms negotiated under a CBA are governed by labor law and the NLRA rather than under anti-trust statutes.
 
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