Collective
Bargaining Agreements and What Has Changed in the NBA and NFL
By: Brittany Forgues
Recently
in the world of professional sports, there has been a lot of talk about what
the ramifications of collective bargaining agreements are and how they affect
certain professional sports leagues. On behalf of the Sports, Management and
Entertainment Society at the Massachusetts School of Law, we would like to
offer this brief article on some of the important elements of collective
bargaining agreements and how the NFL and the NBA have changed their collective
bargaining agreements lately.
What are
Collective Bargaining Agreements?
Collective
bargaining agreements, in the context of professional sports, are the
agreements reached between a particular league’s players and the league owners.
A league’s collective bargaining agreement establishes specific elements of how
the league will operate, such as: division of league revenues; team salary
caps; free agency requirements; restrictions on player mobility; provisions
regarding the drafting of players; disciplinary rules; and other general regulations
of the league. In addition, many of the leagues incorporate their constitution
and bylaws into the collective bargaining agreements. These bargaining
agreements are the primary authority for players, their agents, team owners,
and other league officials.
What Are
the Major Changes to the NBA’s New Collective Bargaining Agreement?
The
biggest change in the NBA’s new collective bargaining agreement is the
percentage of basketball-related income that will be divided between the
players and the owners. Although there were other heavily contested issues,
such as player salaries, rookie contracts, and specifics regarding trades, the
revenue split seemed to be most in dispute. Under the previous agreement the
owners received 43% of basketball related income. Under the new agreement the
owners will receive between 49% and 51% of basketball related income. As
reported in the Forbes magazine article, “NBA Owners Win Big With New
Collective Bargaining Agreement,” this change in percentage results in an
increase of income for NBA owners of approximately 270 million dollars. It is
also important to keep in mind that an increase in the share that goes to the
owners effectively decreases the amount that can be distributed amongst the
players. Although some would argue that the players are already paid a
fortune-so, what does it matter if they experience a little set back there is
also an argument to be made that in the end it is the players, not the owners,
who pay the price for the grueling workouts and games that they put their
bodies through each season, and that when their career finally does come to an
end most of the athletes have nothing to fall back on except for the money they
made while they were playing.
What
Were the Major Issues Negotiated in the NFL’s Collective Bargaining Agreement?
The
revenue split between owners and players was also one of the hot topics when
the NFL was trying to get a new collective bargaining agreement signed in July
of 2011. In the end the players and owners agreed that the players would
receive 47-48.5% of all revenue, which was a slight decrease of approximately
4% from the previous agreement. However, under the new agreement, the owners
were no longer allowed to take 1 billion before the revenue split. Another
issue that was discussed but not changed in the negotiating process was the
number of regular season games that encompass each NFL season. Obviously the
owners would like to increase the number of games in the regular season, which
would in turn increase the amount of revenue for both sides. This would also,
however, put a greater strain on the player’s bodies and health. Professional
football players put their bodies through immense training during the sixteen
week regular season, adding any more games to the schedule would likely have
lasting effects on their health both during their playing days and after they
stop playing in the National Football League.
Collective
bargaining agreements are also used in other employment situations. The
negotiation process is a valuable tool that allows employers and employees to
communicate and resolve many major aspects of the working relationship.
Although it appears from the above analysis that collective bargaining
agreements merely decide how much money players and owners will make in the
professional sports leagues, they in fact play a substantial role in shaping
how the league will operate, and how players will be treated both while they
are playing and after they retire.
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