Term
| Breach of contract: Remedies |
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Definition
- Damages
- Specific Performance
- Negative injunction
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Term
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Definition
| court order requiring breaching party to pay money compensating other party for loss caused by the breach |
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Term
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Definition
| court order requiring breaching party to carry out its contractual obligations |
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Term
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Definition
| court order prohibiting breaching party from engaging in similar activity for someone else during the life of the contract |
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Term
| Breach of Player Contracts |
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Definition
- Damages: can be uncertain/difficult to ascertain, so often not adequate remedy for loss of players services
- Specific performance: law disfavors requiring a person to work for a specific "master" against his or her will
- Negative Injunction: common rememdy, because of professional athletes "unique skills"
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Term
National Labor Relations Act
(NLRA) |
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Definition
- enacted in 1935 (wagner Act)
- workers have more power or bargaining strength as a group than individuals
- focal point is the union, a trade org that reps employees at a job site
- under NLRA workers were given right to join unions and voice opinions w/o fear of employer retribution
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Term
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Definition
S7 ensures employees of rights to:
- Form labor Unions
- Become of refuse to become union memebers
- bargain collectively
- Engage in concertd activity
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Term
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Definition
- unions in pro sports didnt exist until 1960s
- almost all major pro team sports have player associations
- players arent required to join unions
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Term
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Definition
- primary responsibility of union is to engage in CB
- CB is attempt by labor & management to resolve conflicting interest by exchanging commitement pertaining to terms and conditions
- must bargain in good faith
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Term
| Mandatory subjects of Collective Bargaining |
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Definition
- rate and method of pay: wages, hours, salary cap
- terms and conditions of employment
- Health and safety matters
- Grievance & arbitration procedures
- Benefits
- marketing & licensing
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Term
| Collective Bargaining Agreement |
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Definition
primary document governing relationship between league, teams, and players
- includes form of Standard (uniform) player Contract that can be entered between individual team & players
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Term
| Standard Player Contracts |
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Definition
negotiable terms cannot be inconsistent w/ CBA terms include
- Basic salary
- contract length
- guranteed income
- assignment restrictions
- bonuses
- additional injury protection
- personal contract provisions
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Term
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Definition
- NFL & NHL
- team salary cant be exceeded
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Term
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Definition
- NBA
- allows salary cap to exceeded under certain exceptions
- resigning vet players
- may have to pay tax for exceeding cap
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Term
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Definition
- MLB
- no salary cap
- teams above a certain salary level pay tax to league which is given to lower income teams
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Term
| CBA negotiations result in provisions for: |
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Definition
- clearly defined purpose
- specific detailed testing procedures
- agreed upon sanctions
- protecting player privacy
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Term
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Definition
| prohibits employers and employes from engaging in "unfair labor practices" |
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Term
| National Labor Relations Board |
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Definition
- federal agency w/ oversight of NLRA
- authority to investigate unfair labor practice claims by employers & employees
- can issue "cease & desist order" or get enforcement for unfair labor practices
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Term
| NLRA S8 prohibits employeers from: |
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Definition
- interfering w/ players right to unionize
- refusing to recognize union as exclusive bargaining rep
- retailing against union activist
- discriminating against striking employees
- breaching duty to bargain in good faith
- failing to provide relevant info
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Term
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Definition
employees refuse to work until demands are met
- employers failure to bargain in good faith (unfair labor practice strike)
- economic strike over wages/hrs/working conditions, when seeking new CBA
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Term
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Definition
| employer chooses to prohibut employees from working, usually to put economic pressure on employees, during CBA negotiations |
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Term
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Definition
| team right to renew player contracts in perpetuity- no free agency |
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Term
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Definition
| Selection & allocation of players to speciic teams, w/ players having no choice |
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Term
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Definition
| limit on the amount of money team pay players |
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Term
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Definition
- typically used when employees are dissatisfied with union
- in sports, has been used as a negotiationg strategy by player associations
- would allow players to sue league on antitrust grounds (if league initiates lockout)
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