dc.contributor.advisor |
|
|
dc.contributor.author |
Siler, Ross |
|
dc.contributor.author |
Washington Law review |
|
dc.date.accessioned |
2013-03-15T21:14:34Z |
|
dc.date.available |
2013-03-15T21:14:34Z |
|
dc.date.issued |
2013-03 |
|
dc.identifier.citation |
88 Wash. L. Rev. 281 (2013) |
en_US |
dc.identifier.issn |
0043-0617 |
|
dc.identifier.uri |
http://hdl.handle.net/1773.1/1225 |
|
dc.description |
Volume 88, Number 1, March 2013 |
en_US |
dc.description.abstract |
The NFL and NBA lockouts of 2011 challenged the limits of the balance courts
have struck between collective bargaining protections and antitrust liability. In each lockout,
the respective players’ union argued that the bargaining relationship with team owners ended
once the union disclaimed interest in continuing as its players’ bargaining representative. The
players further argued that with the bargaining relationship terminated, the nonstatutory labor
exemption no longer shielded owners from antitrust liability for their cooperative agreements
and activity. Ultimately, both lockouts settled without courts deciding whether a disclaimer
of representation marks what the Supreme Court has described as an “extreme outer
boundary” that is “sufficiently distant in time and in circumstances” from the bargaining
process such that the nonstatutory labor exemption might no longer protect employers from
antitrust liability. This Comment argues that courts should be wary of recognizing
disclaimers as terminating the exemption in the wake of the 2011 lockouts. Instead, courts
should extend the exemption for a reasonable period following disclaimer. By doing so,
courts would reduce the possibility of introducing instability and uncertainty in the
bargaining process, which the Court has recognized in the past as a significant concern. Such
an extension also would help separate deserving antitrust claims from mere bargaining tactics
while allowing the economic pressures facing both sides to shape their ultimate agreement. |
en_US |
dc.language.iso |
en_US |
en_US |
dc.publisher |
Seattle: Washington Law Review, University of Washington School of Law |
en_US |
dc.rights |
|
|
dc.subject |
Comment |
en_US |
dc.title |
[88WashLRev281]The Lesson of the 2011 NFL and NBA Lockouts: Why Courts Should Not Immediately Recognize Players’ Union Disclaimers of Representation |
en_US |
dc.type |
Article |
en_US |
dc.rights.holder |
Copyright 2013 by Washington Law Review Association. |
en_US |