Natl. Football League Management Council

National Labor Relations Board - Board Decisions

Jan 31, 1975

216 N.L.R.B. 423 (N.L.R.B. 1975)

NATL. FOOTBALL LEAGUE MANAGEMENT COUNCIL 423
National Football League Management Council (fo-
rmerly known as the National Football League
Player Relations Association) and the Constituent
Member Clubs of the National Football League
and National Football League Players Association.
Cases 18-CA-3380 and 18-CA-3437
January 31, 1975
SUPPLEMENTAL DECISION AND
ORDER
BY ACTING CHAIRMAN FANNING AND
MEMBERS JENKINS, KENNEDY, AND PENELLO
On May 30, 1973, the Board issued a Decision and
Order' in the above-entitled proceeding, dismissing
in toto a complaint alleging that the Respondent had
refused, in violation of Section 8(a)(5) and (1) of the
National Labor Relations Act, as amended, to
bargain collectively with the Charging Party, the
National Football League Players Association (here-
inafter called the Union). Thereafter, the Union filed
a petition for review and the Board filed a cross-
application for enforcement with the United States
Court of Appeals for the Eighth Circuit.
On September 3, 1974, the court issued its
decision,2 affirming the Board' s dismissal of that part
of the complaint which alleged that the Respondent
had unlawfully refused to bargain over the future
installation of artificial turf on playing fields, but
rejecting the Board's dismissal of that part of the
complaint which alleged that the Respondent had
unlawfully instituted a rule on March 25, 1971,
whereby any player leaving the bench during a fight
on the playing field would automatically be fined
$200. The court's rejection of the Board's dismissal of
the bench-fine issue rested on its finding that the
bench-fine rule had been instituted by the NFL
owners themselves, and not, as the Board had found,
by the NFL commissioner . Accordingly, the court
remanded the case to the Board with instructions to
adopt a remedy consistent with the court's opinion.
On November 5, 1974, the Board, through its
Associate Executive Secretary, notified the parties
that the Board had decided to accept the court's
remand and that any of them wishing to do so might
now file a statement of position concerning the issues
raised thereby. Such statements have been filed by
the Respondent and the Union.
1 203 NLRB 958.
2 503 F.2d 12.
J Our remedial Order applies only to the bench-fine rule proposed to and
adopted by the owners on March 25, 1971 , and to fines imposed pursuant
thereto. Our Order in no way applies to the bench-fine rule announced,
according to the Union 's statement of position , by the commissioner on
November 6, 1972 , or to any fines imposed pursuant thereto . The alleged
November 6, 1972, rule was not litigated before the Board ; it was not
216 NLRB No. 74
The Board has duly considered the decision of the
Court of Appeals for the Eighth Circuit in•light of the
statements of positions filed by the parties in this
proceeding. Adopting, as the law of this case, the
court's finding that the March 25, 1971, bench-fine
rule was instituted by the NFL owners and not, by
the NFL commissioner, the Board now concludes
that the allegation of a violation of Section 8(a)(5)
and (1) of the Act, as described in the complaint And
as pertaining to the bench-fine rule, must be, and it
hereby is, sustained. The Board deems it appropriate,
therefore, to issue a remedial order in the terms set
out below.3
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
National Football League Management Council
(formerly known as the National Football League
Player Relations Association) and the Constituent
Members of the National Football League, Minne-
apolis, Minnesota, their officers, agents, successors,
and assigns, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with the Union
with respect to the terms and conditions of employ-
ment of their employees, by unilaterally changing
any such term or condition of employment, without
prior notice to or consultation and bargaining with
the Union.
(b) In any like or related manner interfering with
the rights of employees guaranteed in Section 7 of the
Act.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Rescind the rule proposed to and adopted by
the owners on March 25, 1971, whereby any players
leaving the bench during a fight on the playing field
would automatically be fined $200.
(b) Make whole, with interest at 6 percent per
annum, all employees upon whom fines have been
imposed pursuant to said March 25, 1971, rule.
(c) Mail to all players in the collective-bargaining
unit copies of the attached notice marked "Appe-
ndix." 4
(d) Notify the Regional Director for Region 18, in
writing, within 20 days from the date of this Order,
litigated before the Court of Appeals for the Eighth Circuit ; it is not within
the scope of the court's remand; and, therefore, it cannot be a subject of our
Order in this case.
4 In the event that this Order is enforced by a Judgment of a United
States Court of Appeals , the words in the notice reading "Mailed by Order
of the National Labor Relations Board" shall read "Mailed Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board."
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
what steps the Respondent has taken to comply
herewith.
APPENDIX
NOTICE
MAILED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively with
the National Football League Players Association
by unilaterally changing any term or condition of
employment without prior notice to or consulta-
tion and bargaining with said Association.
WE WILL NOT engage in any like or related
conduct which interferes with, restrains, or
coerces you in the exercise of the rights guaran-
teed you by Section 7 of the National Labor
Relations Act.
WE WILL make whole, with interest at the rate
of 6 percent per annum, all employees upon
whom fines have been imposed pursuant to the
rule proposed to and adopted by the owners of
the constituent member clubs of the National
Football League on March 25, 1971, whereby any
player leaving the bench during a fight on the
playing field would automatically be fined $200.
WE WILL rescind the terms of said rule
proposed to and adopted by the owners on March
25, 1971 , to the extent that those terms may still
be in effect.
NATIONAL FOOTBALL
LEAGUE MANAGEMENT
COUNCIL (FORMERLY
KNOWN AS THE
NATIONAL FOOTBALL
LEAGUE PLAYER
RELATIONS ASSOCIATION)
AND THE CONSTITUENT
MEMBER CLUBS OF THE
NATIONAL FOOTBALL
LEAGUE