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?

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Table of Contents

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: