Sports Law
Milwaukee Amer Assin v. Landis - ANS-Facts: League Commissioner declares a minor
league player to be a free agent because a minor league club transferred him to a major
league club with the same owner
Rule: Major League Baseball agreement and Major-minor league baseball agreement
gives Commissioner wide discretion in determining what is detrimental to the game of
baseball.
Holding: Commissioner makes decisions on cases of "conduct detrimental to baseball."
Commissioner ruled that purpose of agreement (to not keep players under control of
same club for more than 2 years) was violated by this transfer. Case dismissed.
Finley v. Kuhn - ANS-Facts: A's trade 3 players, 2 to the Red Sox and 1 to the Yankees,
right before their contacts are up. Yankees resign player to multi year deal.
Commissioner (Kuhn) disapproves trades.
Rule: Commissioner has authority to determine what is not in the best interest of
baseball and can take preventative actions based on this determination
Holding: Under amended Major League Agreement the Commissioner has broad
authority to determine what is "not in the best interests of baseball". Case dismissed.
Ali v. State Ath. Commission - ANS-Facts: Ali denied boxing license in state of NY for
being convicted of a felony for draft dodging. Ali brought suit for Equal Protection
violation.
Holding: State Ath. Commission, as an extension of the state, has the right to revoke
boxing licenses for felony conviction. It is not, however, a rational basis for it to treat
crimes like murder the same as Ali's crime in its determination. Preliminary injunction
granted - fly like a butterfly sting like a bee.
PGA Tour v. Martin - ANS-Facts: Golfer petitions to use a golf cart in PGA qualifying
event
Rule: Use of golf cart at PGA event does not fundamentally alter the tournament and is
an allowable activity under Title III of the ADA
,Holding: PGA operates public courses and cannot discriminate against individual who
wants to use courses based on disability
Game is about making in the hole, using a cart in between holes doesn't alter ones
ability to do that. Walking is not an indispensable feature of the game, doesn't alter the
"fundamental character of the game."
Ludtke and Time Inc. v. Kuhn - ANS-Facts: female reporter sues MLB commissioner
after being denied the ability to interview in locker room after the game
Rule: Exclusion of women from locker rooms violates 14th Amend Equal Protection and
Due Process
Holding: State action established because Yankee Stadium owned by City of New York.
Have to have a legitimate state interest to deny from locker room. Player privacy could
have been accomplished by a less restrictive means than this ban. Rule unreasonably
interfered with right to pursue profession - violation of due process.
American League of Prof. Baseball Clubs & Ass'n of National Baseball League Umpires
- ANS-Holding: Baseball is ruled to be part of interstate commerce, and its labor
relations with Umpire association subject to the NLRA and NLRB decisions
Morio v. North American Soccer League (NASL) - ANS-Facts: NLRB Board designated
the North American Soccer League Players Association (NASLPA) to serve as the
official union for players in the NASL. Despite this ruling, NASL continued to negotiate
contracts with individual players.
Court ruled that NASL could not undercut union certified by NLRB (NASLPA) by
entering into individual contracts with the employees.
Silverman v. MLB PRC - ANS-Facts: MLB PRC tried to implement a new free agency
system that did away with salary arbitration. MLB brought suit claiming violation of CBA.
Holding: PRC and league owners are bound by the reserve/free agency and salary
arbitration rules set out in the collective bargaining agreement until a new collective
bargaining agreement is established.
,NFL Management Council v. NFLPA - ANS-Facts: NFLPA goes on strike and NFL MC
does not allow those players who went on strike to participate in the game on the week
they come back.
Holding: This was prejudicial conduct toward the union and devoid of significant
economic justification, NLRB was right to find that these were unfair labor practices.
Peterson v. Kennedy and NFLPA - ANS-Facts: NFLPA representative wrongly advices
Peterson on which type of grievance he should file and then did not correct before the
grievance was time-barred
Rule: The NFLPA failure to timely submit a grievance for a player is not deemed to be
arbitrary, discriminatory or in bad faith thus not a breach of duty of fair representation
under NLRA
Alvin Moore v. Atlanta Braves - ANS-Moore signed 1 yr deal with Braves that included
covenant that if he was unhappy with playing time he could demand a trade to a team of
his approval. The covenant also allowed for him to become a free agent after one year.
The MLB disapproved this covenant, and Moore appealed in arbitration.
Court upholds grievance because covenant does not infringe on the protected interests
of other teams.
In re Latrell Sprewell - ANS-Sprewell punches coach. As a result, Golden State
terminates his contract and league suspends him for 1 year. Sprewell challenges
contract termination in arbitration.
Arbitrator rules that a team does not have just cause for terminating a player's contract if
the basketball league itself has issued the player a severe punishment for the same
action. Limits Sprewell's punishment to remainder of the season.
Major League Baseball Players Association and Office of the Commissioner of Baseball
(A-Rod Case) - ANS-MLB found that A-Rod used banned performance-enhancing
substances and deliberately obstructed investigations, so the league suspended him for
the 2014 season. A-Rod challenged the suspension in arbitration.
Arbitration panel ruled that MLB demonstrated with clear and convincing evidence that it
had just cause to suspend Rodriguez for the 2014 season.
, Williams v. NFL - ANS-CBA establishes prohibited substance policy that Williams,
unknowingly, violates. Williams is suspended 4 games. Williams challenges suspension
under Minnesota state law.
Court found that the player's challenge under state law was not preempted by § 301 of
the Labor Management Relations Act (LMRA), because it involved nonnegotiable state
law rights and did not require the court to interpret the CBA.
Sports Gambling - ANS-Illegal outside of a few states - Nevada, jersey, ext.
Wire Act - criminalizes the use of wire communications for wagers on sports
1992 Professional and Amateur Sports Protection Act (PASPA) - governmental entities
cannot authorize gambling on sports and cannot prommote gambling on sports
New Jersey Devils and Scott Gomez - ANS-Gomez (hockey player) entering into NHL
salary arbitration hearing.
Arbitrator looked at comparable players to determine Gomez' salary. Looked at player's
age, performance statistics, ice time, awards, experience, contract length, and
teammate quality. Tough comparison because it was a 1 year deal. Decided on 5 mil
which was between the player and team offers.
National Football League Players Association v. National Football League (Peterson) -
ANS-Adrian Peterson was suspended for domestic violence by the commissioner under
the NFL CBA. The NFLPA challenged his suspension in arbitration, but the arbitrator
affirmed the punishment. The NFLPA then sout to vacate the arbitrators decision in
court.
The court ruled that the arbitrator's decision could not be vacated because the arbitrator
relied on the collective-bargaining agreement and cited several precedential cases.
National Labor Relations Act (NLRA) - ANS-Establishing NLRB
Majority vote from employees to be represented by a union in collective bargaining =
union becomes exclusive bargaining rep of all employees for CB
Collective Bargaining - ANS-CB sets the floor and sometimes ceiling for individual
negotiations - favors exceptional players
Milwaukee Amer Assin v. Landis - ANS-Facts: League Commissioner declares a minor
league player to be a free agent because a minor league club transferred him to a major
league club with the same owner
Rule: Major League Baseball agreement and Major-minor league baseball agreement
gives Commissioner wide discretion in determining what is detrimental to the game of
baseball.
Holding: Commissioner makes decisions on cases of "conduct detrimental to baseball."
Commissioner ruled that purpose of agreement (to not keep players under control of
same club for more than 2 years) was violated by this transfer. Case dismissed.
Finley v. Kuhn - ANS-Facts: A's trade 3 players, 2 to the Red Sox and 1 to the Yankees,
right before their contacts are up. Yankees resign player to multi year deal.
Commissioner (Kuhn) disapproves trades.
Rule: Commissioner has authority to determine what is not in the best interest of
baseball and can take preventative actions based on this determination
Holding: Under amended Major League Agreement the Commissioner has broad
authority to determine what is "not in the best interests of baseball". Case dismissed.
Ali v. State Ath. Commission - ANS-Facts: Ali denied boxing license in state of NY for
being convicted of a felony for draft dodging. Ali brought suit for Equal Protection
violation.
Holding: State Ath. Commission, as an extension of the state, has the right to revoke
boxing licenses for felony conviction. It is not, however, a rational basis for it to treat
crimes like murder the same as Ali's crime in its determination. Preliminary injunction
granted - fly like a butterfly sting like a bee.
PGA Tour v. Martin - ANS-Facts: Golfer petitions to use a golf cart in PGA qualifying
event
Rule: Use of golf cart at PGA event does not fundamentally alter the tournament and is
an allowable activity under Title III of the ADA
,Holding: PGA operates public courses and cannot discriminate against individual who
wants to use courses based on disability
Game is about making in the hole, using a cart in between holes doesn't alter ones
ability to do that. Walking is not an indispensable feature of the game, doesn't alter the
"fundamental character of the game."
Ludtke and Time Inc. v. Kuhn - ANS-Facts: female reporter sues MLB commissioner
after being denied the ability to interview in locker room after the game
Rule: Exclusion of women from locker rooms violates 14th Amend Equal Protection and
Due Process
Holding: State action established because Yankee Stadium owned by City of New York.
Have to have a legitimate state interest to deny from locker room. Player privacy could
have been accomplished by a less restrictive means than this ban. Rule unreasonably
interfered with right to pursue profession - violation of due process.
American League of Prof. Baseball Clubs & Ass'n of National Baseball League Umpires
- ANS-Holding: Baseball is ruled to be part of interstate commerce, and its labor
relations with Umpire association subject to the NLRA and NLRB decisions
Morio v. North American Soccer League (NASL) - ANS-Facts: NLRB Board designated
the North American Soccer League Players Association (NASLPA) to serve as the
official union for players in the NASL. Despite this ruling, NASL continued to negotiate
contracts with individual players.
Court ruled that NASL could not undercut union certified by NLRB (NASLPA) by
entering into individual contracts with the employees.
Silverman v. MLB PRC - ANS-Facts: MLB PRC tried to implement a new free agency
system that did away with salary arbitration. MLB brought suit claiming violation of CBA.
Holding: PRC and league owners are bound by the reserve/free agency and salary
arbitration rules set out in the collective bargaining agreement until a new collective
bargaining agreement is established.
,NFL Management Council v. NFLPA - ANS-Facts: NFLPA goes on strike and NFL MC
does not allow those players who went on strike to participate in the game on the week
they come back.
Holding: This was prejudicial conduct toward the union and devoid of significant
economic justification, NLRB was right to find that these were unfair labor practices.
Peterson v. Kennedy and NFLPA - ANS-Facts: NFLPA representative wrongly advices
Peterson on which type of grievance he should file and then did not correct before the
grievance was time-barred
Rule: The NFLPA failure to timely submit a grievance for a player is not deemed to be
arbitrary, discriminatory or in bad faith thus not a breach of duty of fair representation
under NLRA
Alvin Moore v. Atlanta Braves - ANS-Moore signed 1 yr deal with Braves that included
covenant that if he was unhappy with playing time he could demand a trade to a team of
his approval. The covenant also allowed for him to become a free agent after one year.
The MLB disapproved this covenant, and Moore appealed in arbitration.
Court upholds grievance because covenant does not infringe on the protected interests
of other teams.
In re Latrell Sprewell - ANS-Sprewell punches coach. As a result, Golden State
terminates his contract and league suspends him for 1 year. Sprewell challenges
contract termination in arbitration.
Arbitrator rules that a team does not have just cause for terminating a player's contract if
the basketball league itself has issued the player a severe punishment for the same
action. Limits Sprewell's punishment to remainder of the season.
Major League Baseball Players Association and Office of the Commissioner of Baseball
(A-Rod Case) - ANS-MLB found that A-Rod used banned performance-enhancing
substances and deliberately obstructed investigations, so the league suspended him for
the 2014 season. A-Rod challenged the suspension in arbitration.
Arbitration panel ruled that MLB demonstrated with clear and convincing evidence that it
had just cause to suspend Rodriguez for the 2014 season.
, Williams v. NFL - ANS-CBA establishes prohibited substance policy that Williams,
unknowingly, violates. Williams is suspended 4 games. Williams challenges suspension
under Minnesota state law.
Court found that the player's challenge under state law was not preempted by § 301 of
the Labor Management Relations Act (LMRA), because it involved nonnegotiable state
law rights and did not require the court to interpret the CBA.
Sports Gambling - ANS-Illegal outside of a few states - Nevada, jersey, ext.
Wire Act - criminalizes the use of wire communications for wagers on sports
1992 Professional and Amateur Sports Protection Act (PASPA) - governmental entities
cannot authorize gambling on sports and cannot prommote gambling on sports
New Jersey Devils and Scott Gomez - ANS-Gomez (hockey player) entering into NHL
salary arbitration hearing.
Arbitrator looked at comparable players to determine Gomez' salary. Looked at player's
age, performance statistics, ice time, awards, experience, contract length, and
teammate quality. Tough comparison because it was a 1 year deal. Decided on 5 mil
which was between the player and team offers.
National Football League Players Association v. National Football League (Peterson) -
ANS-Adrian Peterson was suspended for domestic violence by the commissioner under
the NFL CBA. The NFLPA challenged his suspension in arbitration, but the arbitrator
affirmed the punishment. The NFLPA then sout to vacate the arbitrators decision in
court.
The court ruled that the arbitrator's decision could not be vacated because the arbitrator
relied on the collective-bargaining agreement and cited several precedential cases.
National Labor Relations Act (NLRA) - ANS-Establishing NLRB
Majority vote from employees to be represented by a union in collective bargaining =
union becomes exclusive bargaining rep of all employees for CB
Collective Bargaining - ANS-CB sets the floor and sometimes ceiling for individual
negotiations - favors exceptional players
