Employer Weapons in Labor-Management Relations: Are They Relevant (and Practical) in the Case of Labor-Management Disputes in Professional Sports?

Abstract

What actions are permissible to an employer in a case of a labormanagement dispute? This article addresses the variety of options available to an employer in the context of a labor dispute, in general, and, in particular, in professional sports. Considered will be actions ranging from the hiring of replacement workers during a strike, the imposition of a full or partial lockout by the employer, the refusal of the employer to rehire workers who had been replaced during a strike, and whether the rules established for replacement workers equally apply where management has engaged in a lockout of its workers. A discussion of the importance of NLRB v. Mackay Radio and Telegraph Co. in the context of professional sports will be undertaken. 1 Hunter et al.: Employer Weapons Published by Digital Commons @ Kent State University Libraries, 2016 Hunter, Shannon and Mayo 2