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Could public unions follow the NFLPA?

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W_HAMILTON Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 10:00 PM
Original message
Could public unions follow the NFLPA?
I admit that I don't understand the situation, but that is why I am asking.

Apparently, the NFL Player's Association voted for decertification today, which dissolves their collective bargaining rights but enables individual players to sue the owners/league for their grievances. It is assumed that once everything is settled, the union will simply re-form.

Could such a route work for the public unions?
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movonne Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 10:12 PM
Response to Original message
1. I wouldn't think so...we need the unions we got now but much
stronger...they have to have as much power as the corporations...
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W_HAMILTON Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 10:20 PM
Response to Reply #1
5. I don't doubt that.
But it seems as though the NFLPA has done this before, and it worked to their advantage. While it temporarily dissolves the union, in the end it makes it stronger because the players apparently believe they can still get what they want, then re-form their union afterwards.

Again, I don't completely understand the situation, so I was hoping someone would better be able to explain it.
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Zax2me Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 10:13 PM
Response to Original message
2. I don't think so.
I mean, though they are both unions they could not be more different, (right)? The CBA between the NFL and players is a rather unique situation. Not to mention the obvious - players making millions of dollars.
The differences mean what might work for one of these unions doesn't mean it will for the other.

On a side note, I'm actually a NFL player union supporter. Compared to baseball, for instance, NFL players are not as well compensated. Length of career, physical injuries including high percentage concussions, early deaths as compared to general public -
A basketball or baseball player for the most part have far fewer health issues once retired from their respective leagues. If there is a pro league that needs a union it is pro football. The high salaries are a sticking point for many, though, I know.
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W_HAMILTON Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 10:18 PM
Response to Reply #2
3. I'm an NFLPA supporter as well.
I'm a supporter of all worker unions, even if their members are making millions of dollars. That doesn't mean they cannot be taken advantage of. It's still a worker/owner situation. With owners (not just in the NFL, but in general) getting richer and richer, the workers should have the right to reap the rewards that they are ultimately responsible for creating.
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TomClash Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 10:19 PM
Response to Original message
4. NFLPA is decertifying to bring antitrust suits
to challenge NFL rules that may be anticompetitive. That type of bargaining leverage is not available for public sector unions to use against a State or Municipality.
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W_HAMILTON Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 10:21 PM
Response to Reply #4
6. Can you explain a little more?
Why does the union have to be dissolved for them to do this?

Also, why could similar legal action not be taken against the government? You would think they would be even more beholden to follow the constitution, which protects people's rights to peacefully assemble and petition their government for grievances.
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TomClash Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 11:23 PM
Response to Reply #6
7. A union cannot bring antitrust claims against an employer
That's why NFLPA is decertifying and Brady, Manning and others are lead INDIVIDUAL plaintiffs in the antitrust suit.

State governments are basically immune from antitrust suits.
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W_HAMILTON Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-11-11 11:41 PM
Response to Reply #7
8. Do you know where I can read more about this?
Why can't unions themselves sue?
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TomClash Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-12-11 08:36 AM
Response to Reply #8
9. It's an interpretation of the Clayton and Sherman antitrust acts
Unions also cannot be sued for antitrust violations..

Unions can sue but cannot claim the employer is violating antitrust laws.

Sorry if I wasn't more helpful - I am trying to limit the legalese.

Try this: ttp://www.sportslawnews.com/archive/jargon/LJAntiexemption.html
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