The Impact of the Intersection of Antitrust and Labor Laws on Collective Bargaining in U.s. Professional Sports
Open Access
Author:
Ryan, Erin C
Area of Honors:
Labor and Employment Relations
Degree:
Bachelor of Science
Document Type:
Thesis
Thesis Supervisors:
Paul Clark, Thesis Supervisor Alan V Derickson, Thesis Honors Advisor Douglas Ferguson Allen, Faculty Reader
Keywords:
collective bargaining professional sports antitrust laws labor laws
Abstract:
This thesis analyzes the impact that the intersection of antitrust and labor laws has on collective bargaining in professional sports. Using the lockouts and litigation of the National Football League (NFL) and the National Basketball Association (NBA) in 2011 as case studies, this thesis will show how the convergence of antitrust and labor laws can provide a profound form of economic leverage for professional sports unions, because it exposes professional sports leagues to the possibility of antitrust litigation. It will examine a history of the relevant antitrust and labor laws, and will analyze an extensive of lawsuits relating to professional sports, to examine the development of the nonstatutory labor exemption. It will then detail the 2011 NFL and NBA lockouts, and the outcomes of the resulting collective bargaining agreements. By analyzing the use of antitrust litigation by both players unions, this thesis will conclude that dismantling the nonstatutory labor exemption through the renunciation and disclaiming of interest by professional sports unions is a powerful form of leverage that will likely shape the future of collective bargaining in U.S. professional sports.