Download this Paper Open PDF in Browser

The Curious Dynamic of Players' Associations Bargaining Eligibility Rules on Behalf of Prospective Players

6 Pages Posted: 9 Aug 2012 Last revised: 5 Oct 2012

Michael McCann

University of New Hampshire School of Law; Sports Illustrated and SI.com; Mississippi College School of Law

Date Written: August 9, 2012

Abstract

Is it appropriate that pro athletes in a players' association -- a union -- can collectively bargain away the eligibility of athletes who, because of their age or inexperience, are denied entry into a professional sports league?

This question relates more specifically to eligibility restrictions in the NFL, NBA and the WNBA. These are the only three major U.S. sports leagues that prohibit players until a prescribed period after high school graduation..

While modern views of labor law suggest that players' association have the legal right to bargain on behalf of prospective players and to bargain away their eligibility, this arrangement carries conflicts of interest and highlights a need for a federal sports law.

This work-in-progress consists of remarks I made to the U.S. Court of Appeals for the Eighth Circuit Judicial Conference on August 9, 2012.

Keywords: NBA, NFL, antitrust, labor law, draft, union, players' association

Suggested Citation

McCann, Michael, The Curious Dynamic of Players' Associations Bargaining Eligibility Rules on Behalf of Prospective Players (August 9, 2012). Vermont Law School Research Paper No. 25-12. Available at SSRN: https://ssrn.com/abstract=2127312 or http://dx.doi.org/10.2139/ssrn.2127312

Michael A. McCann (Contact Author)

University of New Hampshire School of Law ( email )

Franklin Pierce Center for Intellectual Property
2 White Street
Concord, NH 03301
603.513.5254 (Phone)

HOME PAGE: http://law.unh.edu/about/personnel/faculty/michael-mccann

Sports Illustrated and SI.com

1271 Avenue of the Americas
New York, NY 10020
United States

HOME PAGE: http://sportsillustrated.cnn.com/writers/michael_mccann/archive/index.html

Mississippi College School of Law

151 East Griffith Street
Jackson, MS 39157

HOME PAGE: http://law.mc.edu/faculty/profile_mccann.htm

Paper statistics

Downloads
250
Rank
102,129
Abstract Views
1,632