Saturday, November 9, 2013

North American Soccer League v. National Labor Relations Board (NLRB) case brief

North American Soccer League v. National Labor Relations Board (NLRB) case brief summary
613 F.2d 1379 (1980)


CASE SYNOPSIS
Petitioner soccer league challenged an order of respondent National Labor Relations Board which determined that petitioner and its member clubs were joint employers and that a collective bargaining unit composed of all of petitioner's players in clubs based in the United States was appropriate. Respondent cross-applied for enforcement of its collective bargaining order.

CASE FACTS
A soccer players' association petitioned respondent National Labor Relations Board for a representation election. Respondent found petitioner soccer league and its member clubs to be joint employers and directed an election within a bargaining unit comprised of all players in United States member clubs. The players voted for representation and respondent ordered bargaining. Petitioner refused to bargain and sought review. Respondent cross-applied for enforcement.

DISCUSSION

  • The court affirmed. 
  • Respondent's finding that petitioner and its member clubs were joint employers was supported by substantial evidence that petitioner exercised a significant degree of control over the clubs' labor relations. 
  • Respondent did not abuse its discretion in designating the bargaining unit, because the member clubs formed an integrated group with common labor problems and centralized control. 
  • Respondent did not deny due process to petitioner by holding hearings in New York because offices and records were located there. 
  • New club owners were not denied due process because they had notice of the representation process. 
  • Respondent's refusal to reopen the case was within its discretion. 
  • The order was enforced.

CONCLUSION
The court affirmed. The record supported the determination of respondent National Labor Relations Board that petitioner soccer league and its member clubs were joint employers. Respondent did not abuse its discretion in designating a collective bargaining unit comprised of all players in member clubs based in the United States. Petitioner's due process claims were without merit, and respondent's collective bargaining order was enforced.

Suggested Study Aid For Sports Law

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