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WILL SUPREME COURT RULING LEAD TO UNIONS DECERTIFICATION?

     The U.S. Supreme Court ruled yesterday the NFL is "shielded
from antitrust liability when bargaining talks hit an impasse and
owners force players to accept fixed salaries," according to
Biskupic and Sell of the WASHINGTON POST.  By an 8-1 vote, the
court upheld a lower court ruling that voided a $30.3M antitrust
award won by NFL practice squad players.  The Supreme Court said
if the NFL or "any multi-employer group bargains in bad faith,
workers should complain" to the NLRB, "not federal judges who
handle antitrust disputes."  Greg Levy, who argued the NFL's
case, said the ruling "could help relations between labor and
management because the threat of antitrust litigation had clouded
labor-management negotiations."  But NFLPA General Counsel
Richard Berthelsen said it "doesn't bode well for good, long-term
labor relations."  He said unions dissatisfied with labor
negotiations are left with two choices, strike or decertify.  NFL
Exec Dir Gene Upshaw said striking "is not an alternative in this
industry.  The only alternative is to decertify" (WASHINGTON
POST, 6/21).  Upshaw: "When the CBA expires, the players will not
hesitate to end our status as a union if it become necessary to
protect their free agency rights" (AP/OTTAWA CITIZEN, 6/21).  The
outcome was a "rare high-profile defeat" for Whitewater
independent counsel Kenneth Starr, who represented the players
(Frank Murray, WASHINGTON TIMES, 6/21).  Justice Stephen Breyer,
who wrote the majority opinion, noted to "permit antitrust
liability here threatens to introduce instability and uncertainty
into the collective bargaining process" (Linda Greenhouse, N.Y.
TIMES, 6/21).  NFL players alleged the salary of $1,000 per week
on rookie practice squads, imposed when league and NFLPA
officials were at a contract negotiation impasse, constituted
illegal price fixing under the Sherman Antitrust Act (THE DAILY).
     NEXT STEP: A lawyer involved in sports labor-management
relations said the NBA was "waiting and hoping for this
decision," and might soon talk of locking out its own players.
But, NBPA attorney Jeffrey Kessler didn't think the court's
decision would affect the NBA now.  MLBPA Exec Dir Donald Fehr
called the ruling a "mistake.  It will be seen as that"
(WASHINGTON POST, 6/21).

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