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NFL Management Council and NFLPA | 309 N.L.R.B. 78 (1992)
In National Football League Management Council and National Football League Players Association, the National Labor Relations Board threw a penalty flag when the NFL allegedly encroached on the players’ right to strike. The board then took the league’s actions under further review.
The National Football League consists of business organizations that field professional American football teams. Each club named a representative to the league’s Management Council, whose primary task was to represent management in collective bargaining and other player-relations matters. The Players Association was the collective-bargaining unit for all the players in the league.
The players’ collective-bargaining agreement expired at the end of August 1987, just as the new season began. The council and the association had been negotiating a new contract but still hadn’t reached an agreement when the season started. The council, the league, and the individual clubs prepared to hire replacement players to continue the season if the players went on strike.
The Players Association went on strike on September 21st, after the third week of play. The league canceled the next weekend’s games, then arranged to resume the season using a combination of replacement players and regular players who didn’t join the strike or returned to their teams.
During the strike, the league modified its rules governing the eligibility of newly-hired players. Teams could hire replacement players up to 3 P.M. on Friday afternoon, and those players would be eligible to play that weekend and get paid. But striking players had to report to their teams by 1 P.M. on Wednesday afternoon. Strikers reporting later weren’t eligible to play or be paid. The league justified the Wednesday deadline by claiming that the strikers needed time to get back into physical condition to play safely.
The association unconditionally offered to return to work on Thursday, October 16th. But the league enforced the Wednesday eligibility rule, so returning strikers couldn’t play in or get paid for that weekend’s games. The association filed an unfair labor practices claim with the National Labor Relations Board.
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