Foreword to "The Scope of the Labor Exemption in Professional Sports": A Perspective on Collective Bargaining in the NFL

Abstract

The article by Professor Ethan Lock that I have been asked to introduce explains in detail the history of the long struggle between the National Football League Players' Association (NFLPA) and National Football League (NFL) owners in the courts and before the National Labor Relations Board (NLRB). The article also indicates how the labor-management problems that have separated the two sides can be resolved. These problems can be cured if both sides: clearly recognize the realities of the caselaw established in the 1970s, examine carefully their own self-interest, and give at least a casual glance to the public's interest in finding a workable relationship. However, absent such a realistic assessment the battle will likely rage into the next decade. To understand the current dispute in the NFL, Professor Lock provides a useful legal background, highlighting the history of player restraints in the NFL and the unique nature of collective bargaining in the context of the football industry.' Professor Lock then suggests solutions which stem from both our public policy toward labor-management conflicts, as embodied in the labor laws, and the public interest inherent in those conflicts.2 However, in order to appreciate and understand the current dispute, one must grasp more than labor law principles and a vague sense of the public interest. Therefore, in the next several pages I will describe the third side of the framework-the perspective of the various interested parties in the dispute. Bargaining in the NFL over a new collective agreement ceased months ago. In November 1988, the NFL, through its bargaining arm, the NFL Management Council (NFLMC), announced that the League would implement a new free agent system on its own if the NFLPA refused to choose between two options drafted by the owners and their