ANTITRUST/COLLECTIVE BARGAINING AGREEMENT

SLIDECASTKate Cioffi

ANTITRUST

WHAT IS ANTITRUST? 2 Sections of Definition Section 1:

Every contract, combination, or conspiracy that restricts free trade is illegal

WHAT DOES THIS MEAN? Everyone likes choices Nobody wants to be forced to only have

to deal with one company or brand

ANTITRUST CONTINUED Section 2:

Every person who monopolizes, attempts to monopolize, combines, or conspires with any other person to monopolize any part of interstate or foreign commerce is guilty of a felony

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IN OTHER WORDS… It’s ok to be a large corporation and

offer a lot of products, but the large company can’t keep buying up smaller companies

Large companies can’t just join forces – they have to go through court to make sure it is not a monopoly

WHY IS ANTITRUST IMPORTANT? Choices

With choices comes different prices, designs, etc.

Helps restrict forcing consumers into something they don’t want

COLLECTIVE BARGAINING AGREEMENTS

WHAT ARE THEY? Contracts that results from collective

bargaining negotiations in which employees through their union and employers through a management negotiating team negotiate over mandatory subjects of bargaining

WHAT DOES THAT MEAN? Collective Bargaining Agreements are

contracts which represent one round of bargaining negotiations between employer (management) & employees (union)

The two sides work together and compromise and negotiate these contracts that include the mandatory subjects

MANDATORY SUBJECTS OF COLLECTIVE BARGAINING Items that are “plainly germane to the

‘working environment’ and not those ‘managerial decisions which lie at the core of entrepreneurial control” – (Ford Motor Co. v. NLRB at 498, 1979)

MANDATORY SUBJECTS These items include:

HoursWagesTerms & Conditions of employment

HOURS The Mandatory Subject of Hours

includes:Any time spent at work

In Professional Sport:Training CampPracticesSeasonScheduleNumber of Games

WAGES The Mandatory Subject of Wages

includes:SalariesBonusesSeveranceTermination PayFringe benefits: life or disability insurance,

health coverage, and practically anything else with monetary value

TERMS & CONDITIONS OF EMPLOYMENT The Mandatory Subject of Terms &

Conditions includes:Remaining provisions in an employer’s work

lifeSeniorityMedical IssuesGrievance arbitration provisionsDrug-Testing ProvisionsSafety Concerns

PROVISIONS THAT AFFECT MORE THAN ONE MANDATORY SUBJECT The Draft:

Affects mandatory subject of wages – what team the player is drafted to and how vital

to the team they are affects salaryAffects terms & conditions –

the geographical location of the team and playing time