Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Brady v NFL - NHL Brief in Support of NFL Owners

Brady v NFL - NHL Brief in Support of NFL Owners

Ratings: (0)|Views: 444|Likes:
Published by jediparalegal

More info:

Published by: jediparalegal on May 13, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/13/2011

pdf

text

original

 
No. 11-1898
United States Court of Appeals
 for the
Eighth Circuit
TOM BRADY,
et al.
,
Plaintiffs-Appellees,
– v. –NATIONAL FOOTBALL LEAGUE,
et al.
,
  Defendants-Appellants.
_____________________________
APPEAL FROM THE UNITED STATES DISTRICT COURTOF MINNEAPOLIS, MINNESOTA, NO. 0:11-CV-00639-SRN,HONORABLE SUSAN RICHARD NELSON
 
MOTION FOR LEAVE TO APPEAR AND FILE AN
 AMICUSCURIAE
BRIEF ON BEHALF OF THE NATIONAL HOCKEYLEAGUE IN SUPPORT OF THE APPELLANTS
S
HEPARD
G
OLDFEIN
 J
AMES
A.
 
K
EYTE
 E
LLIOT
A.
 
S
ILVER
 S
KADDEN
,
 
A
RPS
,
 
S
LATE
,
 
M
EAGHER
&
 
F
LOM
LLP
 Attorneys for Amicus Curiae National Hockey League
Four Times SquareNew York, New York 10036(212) 735-3000
 
1
MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE
Pursuant to Federal Rule of Appellate Procedure 29(b), the NationalHockey League ("NHL") respectfully requests leave of the Court to file theattached brief amicus curiae in support of Appellants, and in support thereof statesas follows:The NHL has a direct interest in ensuring that the determination of terms and conditions of employment for NHL players is the product of a bona fidelabor process rather than the "lever" of potential antitrust liability. This isespecially true in the context of the stable and mature collective bargainingrelationship that the NHL and the National Hockey League Players' Association("NHLPA") have had for nearly 45 years. Yet, under the district court's decisionand rationale, a group of employees can, at any time and for any reason, insinuatethe antitrust laws into the dynamics pursuant to which new terms and conditions of employment are negotiated and determined. All a union has to do is have itsmembers "disclaim" union representation, simultaneously reconstitute itself as anemployee "association," and then ask the court to immediately enjoin any jointlabor activity of the employers (
e.g.
, including the implementation of a lawfullockout) by filing a treble damages antitrust complaint and a motion forpreliminary injunction. The NHL respectfully submits that this cannot be the stateof the law.
 
2
Left to stand, the district court's ruling creates a perverse incentive forunions – during the collective bargaining process and in the midst of negotiations –to divert their efforts to antitrust litigation tactics rather than complying with theirobligations under federal labor law to bargain in good faith. The net effect is thattraditional economic weapons contemplated and made available in the laborprocess – employee strikes and employer lockouts – are removed as options. Inturn, the labor process is necessarily subjugated to antitrust law and relatedlitigation tactics. Indeed, under the district court's ruling, union disclaimer andsimultaneous antitrust suits are likely to be the chosen path any time employee-players (or other unions or associations of employees for that matter) believe thatthese tactics are the most viable method of obtaining the terms and conditions of employment they desire, but might not achieve through the traditional collectivebargaining process.The NHL and NHLPA have together established a collectivebargaining relationship that they have now maintained uninterrupted since 1967.The NHL's historical experience with the NHLPA has been to negotiate anddetermine terms and conditions of employment exclusively through the traditionalcollective bargaining process, which has been characterized by hard, good-faithnegotiations in the context of a bona fide labor process (with all the rights andobligations that that process entails). From time to time, this has included resort to

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->