The NFL's Potent Collective Bargaining Agreement on Display, and Legal Developments for Non-Unionized Sports Figures

Over the past several years the National Football League has been rocked with numerous scandals ranging from the “Deflategate” debacle to horrific instances of domestic violence. The NFL has seemingly limped away from each of these controversies with egg on its face, due in large part to a perceived unwillingness to appropriately or consistently discipline players. In reality, however, the NFL and its franchises must strictly abide by the terms of the League’s Collective Bargaining Agreement (“CBA”) in disciplinary proceedings. Failure to adhere to the terms of the CBA—which include ample procedural protections for players—can result in an embarrassing reversal of disciplinary action, as recently seen in the “Deflategate” fiasco.

While collective bargaining agreements certainly have their advantages, non-unionized sports figures have not shied away from asserting their own legal rights. In this presentation, Gene Egdorf—Managing Attorney for The Lanier Law Firm’s Commercial Litigation and Sports and Entertainment practice groups—discusses how the NFL’s potent CBA has impacted player discipline in the face of outrageous conduct. Mr. Egdorf also addresses the ongoing unionization efforts of college athletes and other sports figures. Finally, Mr. Egdorf examines the Ninth Circuit’s ruling in O’Bannon v. NCAA, and expounds on some of the similar claims currently being litigated by sports figures around the country in the absence of collective bargaining agreements.  

Learning Objectives:

I.     Review the history of the NFL Collective Bargaining Agreement and how the Agreement applies to player discipline in the NFL

II.    Examine the impact that the Collective Bargaining Agreement has had on the NFL’s ability to respond to instances of domestic violence 

III.   Understand the Collective Bargaining Agreement’s role in a U.S. District Judge’s recent decision to vacate Tom Brady’s “Deflategate” suspension

IV.   Evaluate the recent unionization efforts of college athletes and other groups 

V.    Understand the seminal O’Bannon decision and the Ninth Circuit’s partial reversal of that decision

VI.   Survey the progeny of O’Bannon currently being litigated around the country and gain a basic understanding of those claims

VII.  Examine some of the legal remedies available to non-unionized sports figures in the context of Hicks v. PGA Tour, Inc. (the “PGA Caddie Case”) 

VIII. Receive a case update of Hicks v. PGA Tour, Inc. from the PGA caddies’ lead attorney