Deck 7: Labor Relations and Collective Bargaining in Sport

Question 1

Once a union is in existence, in accordance with the National Labor Relations Act, management must engage in collective bargaining over mandatory subjects of bargaining. Mandatory subjects of bargaining are:

A) Hours
B) Wages
C) Terms and conditions of employment
D) All of the above

Answer 1

D

Question 2

In determining who is eligible for salary arbitration, there is a group of salary eligible players called "super twos". Super twos are:

A) The top 22 percent of major league service time for second-year players who have accumulated at least 86 days of service in the previous season.
B) The top 2 percent of major league service time for second-year players who have accumulated at least 86 days of service in the previous season.
C) Statistically, the top ten percent second-year players who have accumulated at least 86 days of service in the previous season.
D) Any of the above.

Answer 2

A

Question 3

The National Labor Relations Act sets forth three seminal rights for employees. They are:

A) The right to strike, the right to lockout, and the right to engage in collective bargaining.
B) The right to join or assist unions, the right to engage in collective bargaining, and the right to engage in collective bargaining for one's own mutual aid and protections.
C) The right to join a union, the right to leave a union, and the right to go to arbitration over disputes.
D) All of the above.

Answer 3

B

Question 4

Management is not obligated to negotiate with the union over which of the following?

A) Mandatory subjects
B) Terms and conditions of employment
C) Permissive subjects
D) Health benefits provided to employees

Question 5

Major League Baseball and the National Hockey League both use salary arbitration to settle salary disputes. Major League Baseball's form is unique. Please choose the answer below that provides the name of the type of salary arbitration MLB uses as well as how it works.

A) Interest arbitration. Arbitrators using interest arbitration choose the side with whom they share the greatest interest and believe is most deserving of the win.
B) Final offer arbitration. Arbitrators choose one side or the other's final offer. The arbitrator determines the midpoint between the two offers and decides whether the player is worth more or less than that midpoint. If more, the player's salary demand is chosen and if less, the team's demand is chosen.
C) Rights arbitration. Arbitrators choose the side whose salary numbers are correct relative to the market for comparable players. Arbitrators examine comparable player salary data and choose the demand that is closest to the market.
D) Data arbitration. Arbitrators base their decision on the sabermetric (statistical) data to locate a comparable player and then the arbitrator chooses the salary closest to the comparable player's market value.

Question 6

Unions are not held liable for errors in judgment about whether to pursue a grievance, interpretations of collective bargaining agreements, or representing an employee in the grievance arbitration process.

Question 7

A professional league can encourage its players to form a union and even support their efforts financially in order to work together to create a collective bargaining agreement and achieve a labor exemption to the antitrust laws.

Question 8

Once a union is certified, managers cannot make unilateral changes in the workplace unless they are deemed management rights, which are "managerial decisions which lie at the core of entrepreneurial control".

Question 9

A court can overturn a decision only where the plaintiff can prove that the arbitrator abused their discretion or exceeded the scope of their authority.

Question 10

A collective bargaining agreement takes precedence over an individual employee-athlete's contract.

Question 11

Please discuss the reasons that labor relations in professional sport are unique as compared with labor relations in other industries.

Question 12

Why are local bargaining units inappropriate for collective bargaining in professional sport?

Question 13

Discuss the debate about whether college athletes should be able to unionize. What are the reasons supporting the unionization of college athletes and why are colleges challenging the right of student athletes to unionize? Should only NCAA Division I football and basketball players be allowed to unionize? What about athletes in other sports? In other divisions?