RTA 332 Lecture Notes - Lecture 5: Bargaining Unit, National Labor Relations Act, Contract
Document Summary
Unreasonably restrains competition (check test if rule of reason) P has to show restraint has significant anti-competitive effects. D can put forward the pro-competitive effects of restraint. P then to show that any legitimate, pro-competitive objectives can be achieved in a substantially less restrictive manner. Consumer"s expectations with regard to future prices. Players in all pro sports leagues represented by unions. Union is exclusive bargaining agent for players. Right to negotiate terms and conditions of employment. Union serves as player"s collective bargaining rep in all aspects of their employment. Unions certified by government agency to represent employees in a specified bargaining unit. Employer required to recognize union and bargain in good faith. Right and obligation to enforce the provisions of the cba. Contract entered into by union and employer. Establishes terms and conditions of employment for all bargaining unit members. Legally binding (no access to courts, enforcement exclusively thro arbitration) Unions /employees cannot withhold labor during term of cba.
