Collective Bargaining in Sports and Entertainment:
Professional Skills and Business Strategies
By:Michael H. Leroy
2014 546 pp 978 1 45484 743 4 Description
Do unions matter today? Certainly, although their influence is declining. However, in a large array of sports and entertainment industries, unions are robust. Indeed, they are necessary institutions for regulating labor market competition in professional sports, major theater productions, and other talent-driven businesses. There are courses and casebooks on labor law, sports law, entertainment law, and sports management—but nothing that specifically examines the intersection of these areas in collective bargaining in sports and entertainment. This book has been developed to fill that void.
In a small but tangible way, this book also addresses a crisis in legal education. As some law schools contemplate a major shift from a three year to two-year degree program, Collective Bargaining in Sports and Entertainment offers “mini-courses” on antitrust, labor law, and dispute resolution. The topic of the book is nearly ideal for presenting these substantive areas in equal measures. Federal jurisdiction—another subject that is part of a three-year curriculum—is also prominently featured here. Collective Bargaining in Sports and Entertainment serves another important purpose by offering several mock arbitration cases. Five simulations are available here—two in professional sports and three in entertainment. Some involve discipline, while others raise an issue of contract interpretation. A practical discussion is embedded in the mock cases, with tips and pointers on presenting a case at arbitration that address the following questions:
How do you conduct a direct examination?
What are common objections at an arbitration hearing?
How does a cross examination differ from a direct examination?
What are the effective elements of an opening statement?
How should a closing argument differ from an opening statement?
CHAPTER 1: BEFORE COLLECTIVE BARGAINING: LEGAL RESTRAINTS ON ATHLETES AND ENTERTAINERS
CHAPTER 2: BEFORE COLLECTIVE BARGAINING: CONCERTED ACTIVITIES BY ENTERTAINERS
CHAPTER 3: BEFORE COLLECTIVE BARGAINING: ANTITRUST
CHAPTER 4: MEET THE UNIONS IN SPORTS AND ENTERTAINMENT
CHAPTER 5: EMPLOYEE CHALLENGES TO LABOR ORGANIZATIONS
CHAPTER 6: THE DUTY TO BARGAIN
CHAPTER 7: STRIKES, LOCKOUTS, AND OTHER ECONOMIC WEAPONS
CHAPTER 8: BEYOND WAGES AND TERMS OF EMPLOYMENT FOR ATHLETES AND ENTERTAINERS
CHAPTER 9: ADJUSTING DISPUTES BY ARBITRATION
CHAPTER 10: PREPARING AND PRESENTING AN ARBITRATION CASE
Do unions matter today? Certainly, although their influence is declining. However, in a large array of sports and entertainment industries, unions are robust. Indeed, they are necessary institutions for regulating labormarket competition in professional sports, major theater productions, and other talent-driven businesses. There are courses and casebooks on labor law, sports law, entertainment law, and sports management—but nothing that specifically examines the intersection of these areas in collective bargaining in sports and entertainment. This book has been developed to fill that void. In a small but tangible way, this book also addresses a crisis in legal education. As some law schools contemplate a major shift from a threeyear to two-year degree program, Collective Bargaining in Sports and Entertainment offers “mini-courses” on antitrust, labor law, and dispute resolution. The topic of the book is nearly ideal for presenting these substantive areas in equal measures. Federal jurisdiction—another subject that is part of a three-year curriculum—is also prominently featured here. Collective Bargaining in Sports and Entertainment serves another important purpose by offering several mock arbitration cases. Five simulations are available here—two in professional sports and three in entertainment. Some involve discipline, while others raise an issue of contract interpretation. A practical discussion is embedded in the mock cases, with tips and pointers on presenting a case at arbitration that address the following questions: