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86 Tul. L. Rev. 831 (2011-2012)

handle is hein.journals/tulr86 and id is 839 raw text is: Brady v NFL and Anthony v NBA: The Shifting Dynamics in Labor-Management Relations in Professional Sports Gabriel Feldman* The last two decades in collective bargahung in professional spors have seen a dramatic shif toward aggmssive management barganing. The last seven work stoppages hi professional sports have been the result oflockouts Many factors can be attabuted for this change, but this Essay focuses on one-the legitinization of the offensive use of the lockout The expansion of the lockout has enabled team owners to claw back some of the gains made by professional sports unions over the last several decades and has helped tilt the labor-management relations scale toward management This Essay examines the evolution of the lockout and its impact on labor relations m professional sports, with a particular focus on the most recent labor battles in the NFL and the NBA. This Essay also explors the players' attempts to use antitrust law to neutralize the offensive lockouts and the consequent battle between antitrust andlaborlaw 7his battle will be the critical factor in deterning the continued trajectory of labor relations in professional Sports. I. INTRODUCTION. ...................................... 832 II. A BRIEF HISTORY OF LABOR RELATIONS IN THE UNITED STATES .......................... .................. 833 A. The Rise and Fall ofthe Union.......................... 833 B. The Rise ofthe Offensive Lockout... ..................... 837 III. RISE OF THE LOCKOUT IN PROFESSIONAL SPORTS....................... 843 IV THE CONFLICT BETWEEN ANTITRUST AND LABOR LAW AND THE PLAYERS' UNIQUE ANTITRUST RESPONSE TO THE RISE OF THE LOCKOUT ................................ 846 A. Unique Bargain ing Dynamics h7 Professional Sports...... 847 B. The Conflict Between Antitrust and Labor Law.............. 848 C Brady v. NFL andAnthony v. NBA: The Latest Conflict Between Antitrust and Labor Law and the Fight for Leverage ......................... 854 V CONCLUSION ....................................... 857 * © 2012 Gabriel Feldman. Associate Professor at Tulane Law School, the Director of the Tulane Sports Law Program, and the Associate Provost for NCAA Compliance. I would like to thank Jon Phelps and Philip Stringer for their invaluable help as research assistants. 831

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