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Seattle Seahawks v. NFLPA & Sam McCullum, 292 N.L.R.B. 899 (1989)
Under the National Labor Relations Act, or NLRA, an employer commits an unfair labor practice by discharging an employee for engaging in protected conduct, such as participating in a labor union. But what if the employee’s protected conduct was only a motivating factor for the employer’s decision to discharge? The National Labor Relations Board considered this question in Seattle Seahawks versus National Football League Players Association and Sam McCullum.
Sam McCullum was a professional football player and wide receiver in the National Football League, or NFL. In addition, McCullum was represented by the NFL players’ labor union, known as the National Football League Players Association, or NFLPA.
McCullum was traded from the Minnesota Vikings to the Seattle Seahawks in 1976. Five years later, McCullum was selected by his teammates as a union representative.
During the 1982 season, McCullum stated in a press conference that the team’s doctors cleared injured players to play in games before those players had fully recovered. Also, McCullum approached coach Jack Patera before the Seahawk’s first preseason game to inform him of the players’ intent to engage in a solidarity handshake with the opposing team on behalf of the union. Patera opposed the handshake, but McCullum and other players engaged in the handshake anyway, and the team imposed heavy fines on McCullum. At the end of training camp that year, the Seahawks traded for wide receiver Roger Carr and released McCullum.
The NFLPA, on behalf of McCullum, filed an unfair-labor charge with the
NLRB against the Seattle Seahawks. The Seahawks claimed it hadn’t committed an unfair labor practice because it had a legitimate reason for discharging McCullum after it acquired Carr.
Following trial, an administrative-law judge, or ALJ, issued a recommended order in favor of McCullum, concluding that McCullum’s union participation was a motivating factor in the Seahawks’ decision to release him. A three-member NLRB panel considered the ALJ’s recommended order.
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