Collective Bargaining Agreements (CBAs) continue to play an important role in ensuring that employees enhance their ties with their labor unions by having improved working conditions. Employers, on the other hand, benefit from collective bargaining agreements with employees since they establish an environment conducive to their mutual success. When collective bargaining agreements (CBA) that benefit both groups are formed, it is important to note that cohesion and collaboration among labor groups develops, leading to the organization's growth (Rosner, & Shropshire, 2011). In due time, this can translate to the building of a working rapport between the employees and employers turning into trust and loyalty within the organization. In addition, though we cannot overlook the positive impact that collective bargaining agreements can have on both the employee and the organization, research indicate that the employees experience greater job satisfaction when the CBA is successful (Rosner, & Shropshire, 2011). Indeed, it is evident that a successful CBA can increase job satisfaction, which can translate to higher employee morale, lower employee turnover, and lower cases of absenteeism. Nonetheless, such aspects on the organizational discourse because of the CBA can have positive ramifications on the organization making this approach adopted by various leagues or sports organizations. In this essay, we shall highlight the different sports organizations, explore, and analyze the different CBA’s. The knowledge will assist in making the inherent similarities or differences and the provisions, which are unique to each league.
Various Provisions across NBA, NFL, and NHL
The National Basketball Association (NBA), National Football League (NFL) and National Hockey League (NHL) are the major professional sports associations in the United States of America. The associations have CBA’s reached between the league players and the league owners establishing how the league will operate with provisions such as disciplinary rules, salary, drug testing, and other requirements of the league. The CBA’s are the primary authority imposed on the players, the agents, the team owners, and the league officials. In the NBA, the anti-drug program ensures that all players have their baseline testosterone levels established to increase the accuracy of testing for any performance enhancing drugs. A positive test leads to from 25 game suspension for a first violation and 55 game suspension for the second violation (2017 NBA NBPA Collective Bargaining Agreement, 2017). A third positive test can lead to the expulsion of the player from the NBA altogether.
In the NFL, the substance abuse policy states that the use of anabolic steroids and drug abuse is unacceptable in the NFL, and it is the responsibility of all the parties involved to detect substance abuse and come up with appropriate programs to intervene and rehabilitate who have such problems. Moreover, the NLF policy on drugs states that both parties agree on annual blood testing and random blood testing with discipline for positive tests. However, the violations of the drug policy may lead to a suspension for a period that encompasses regular seasons, and the player is required to forfeit the equivalent salary allocation. Lastly, the NHL provisions on substance abuse are strict as for the first positive test, the player can experience a suspension for 20 NHL games without pay, the second positive test can lead to suspension of 60 NHL games, and the third positive test can result in permanent suspension (NHL NHLPA 2013 CBA, 2013). However, the association is responsible for educating the players on the dangers of performance enhancement substances, to treat the players who have used the substances, and it can deter the application through random testing.
Moreover, the NBA also includes other agreement in the CBA to cater for the player’s pension, and health with the NBA responsible for coming up with health insurance plan for their players (2017 NBA NBPA Collective Bargaining Agreement, 2017). Nonetheless, the NBA is responsible for salaries and remuneration with the salary cap referring to the amount of money that NBA should spend on team salary for each salary cap year beginning from July 1 to June 30 the following year. Moreover, it is the responsibility of the NBA to come up with the minimum and maximum salaries for the players for each salary cap year. The NHL also has provisions that pertain to player’s salaries and has the minimum pay league year (NHL NHLPA 2013 CBA, 2013). Nonetheless, there are clear guidelines on salary arbitration, and if such a player is eligible for salary arbitration as per the CBA then the player must follow the terms of the CBA. Lastly, the NFL also sets its minimum and maximum salaries for its players with the salary liable for change in each league year (Collective Bargaining Agreement 2011-2020, 2011). Nonetheless, a player is entitled to receive bonuses, additional salary payments, incentives, and other provisions as may be negotiated between the club and the player. Moreover, the player or his agent can engage in negotiations for compensations or any other benefits as stipulated in the player contract in good faith and the NFL is liable to consider the plea (Collective Bargaining Agreement 2011-2020, 2011). However, if the player or agent did not engage in good faith, then the NFL may desist the negotiations.
Provisions Unique to the League
Some of the unique provisions of the NBA collective bargaining agreement is that the star players will see significant raises in their salaries. Moreover, the minimum wages and the rookie scale contracts will experience a boost to go along with the rising salary cap. Finally, in the collective bargaining agreement, the over 38 rule allows for those players over the age of 36 years to sign for a four or five years contract. In the NFL collective bargaining agreement, there is the 30% rule, which states that a player’s new contract cannot be increased of the annual salary of the rookie’s deal by a percentage that exceeds 30% (Collective Bargaining Agreement 2011-2020, 2011). Therefore, in the new deal, the total salary each year can only be an increase or decrease by 30% of the total salary in the preceding year and nothing more after signing the new deal. Lastly, in the NHL there is a unique provision under the per diem allowance. The per diem allowance makes it possible for the players to be entitled to benefits for each day during the season that the team is on the road (NHL NHLPA 2013 CBA, 2013). The daily allowances may be paid or not paid depending on the time that the team leaves or arrives at the home city. If the team provides game meals, then the player is only entitled to half the allowance.
Subjects of Bargaining
Under the labor laws, the subjects of bargaining include mandatory subjects, and permissive or the voluntary subjects. The mandatory subjects include those that have a direct impact on wages, the hours or the working conditions of the employees. The parties must bargain if a proposal is to be made by either party. For example, the over 38 rule, the 30% rule, per diem allowance, pension, health insurance, and bonuses all fall under the mandatory subjects. Moreover, the permissive or the voluntary subjects are those not related to work and they relate to the nature of the business. For example, drug testing, the bargaining clauses, and negotiation of ground rules fall under the permissive subjects.
Factors Making CBA Professional Sports Unique as Opposed to other Industries
Indeed, the professional sports industry has unique qualities that distinguish it from other industries as the sports leagues bargain with the players about the benefits and their conditions of employment unlike the other workforce, that do not allow for the employee to negotiate for his salary with the management. The presence of arbitration clauses in the sport’s collective bargaining agreements makes them stand out among their peers in other industries (Rosner, & Shropshire, 2011). Nonetheless, the system of negotiations in place creates a situation whereby players without reputation become vulnerable to abuses by the agents who can extract exorbitant fees as such reducing the player’s fee below the minimum wage.
Conclusion
From the above analysis, it is evident that the various sports league organizations have varying collective bargaining agreement between them and their employees. Moreover, the adoption of certain provisions in the CBA, have allowed the NBA, NFL, and NHL to have a harmonious rapport with their respective players. Therefore, this has contributed to job satisfaction and reduced rates of attrition. Indeed, it is imperative that all sports organization should keep the interest of their players at heart to ensure a fruitful coexistence.
References
2017 NBA NBPA Collective Bargaining Agreement. (2017) (1st ed., pp. 1-482). Retrieved from https://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf
Collective Bargaining Agreement 2011-2020. (2011) (1st ed., pp. 1-254). Retrieved from https://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf
NHL NHLPA 2013 CBA. (2013) (1st ed., pp. 1-309). Toronto. Retrieved from http://cdn.agilitycms.com/nhlpacom/PDF/NHL_NHLPA_2013_CBA.pdf
Rosner, S., & Shropshire, K. (2011). The business of sports (1st ed.). Sudbury, MA: Jones & Bartlett Learning.
