Federal Labour Law in the USA and Professional Sport

Abstract

The regulation of industrial relations in the United States of America (USA) has shaped the terms and conditions of employment for National Basketball Association (NBA) players. This chapter describes the main provisions of the National Labor Relations Act of 1935 and outlines the federal labour relations regime that applies to the employment of professional athletes in a unionized work environment such as the NBA. It discusses the conflict between federal labour relations law and federal antitrust law which in the USA has been resolved through the enactment of a statutory labour exemption and the development of the non-statutory labour exemption in the Supreme Court case law. The economic characteristics of a professional sports competition give rise to industrial relations practices that are unique to the professional sports industry and which the courts take into account when considering cases involving the employment of professional athletes in the USA. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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