Justices Tackle NFL Antitrust Controversy

By Sands, David R. | The Washington Times (Washington, DC), March 28, 1996 | Go to article overview

Justices Tackle NFL Antitrust Controversy


Sands, David R., The Washington Times (Washington, DC)


The Washington Redskins held a spring scrimmage at the U.S. Supreme Court yesterday, as lawyers and justices considered one of the year's most closely watched labor-law cases.

Redskins General Manager Charlie Casserly and National Football League Players Association President Gene Upshaw sat in the gallery while the high court heard starkly differing views on whether the NFL's 28 teams violated federal antitrust laws.

The case features a clash of labor law and antitrust law dating back to 1989, when a group of 235 players claimed league owners illegally colluded to hold down their salaries after collective-bargaining talks broke down.

The case has attracted considerable attention from major business groups, which claim that a victory for the NFL players union could endanger multi-employer bargaining patterns long used in such industries as construction, printing, building services, mining and transportation.

The players union "wants to have it both ways," argued NFL lawyer Gregg H. Levy - exercising rights under federal labor laws to bargain with a group of employers but using the threat of antitrust suits against those same employers if talks reach an impasse.

The National Railway Labor Conference, the management bargaining group for the nation's major railroads, warned in a friend-of-the-court brief that the 70-year pattern of multi-employer bargaining in the industry "would be crippled if not destroyed altogether" if the antitrust laws came into play in the collective-bargaining process.

But union lawyer Kenneth Starr, who also is heading the Whitewater independent counsel investigation, argued yesterday that sports labor patterns are unique and that it is the NFL teams who are trying unfairly to control the options.

Freed of antitrust fears, team owners would have every incentive to deadlock labor talks and then impose their own conditions and terms on the players, he said. "The economic freedom of the players is at stake here."

Mr. Levy argued that the players should have pursued traditional labor-law remedies before the National Labor Relations Board. Filing the antitrust suit in 1989 resulted in six years of litigation that "has poisoned labor relations in this industry." Justice Department lawyer Lawrence G. Wallace argued in favor of the players, saying that once salary talks reached an impasse "the employers cannot act in concert to change pay terms without coming under antitrust scrutiny. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Justices Tackle NFL Antitrust Controversy
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.