The National Football League consists of two conferences, the American Football Conference and the National Football Conference. These conferences consist of 32 teams are divided into four divisions. The NFL players union was first formed as a result of poor conditions involving health care and threats to a player’s livelihood in the event of injury. Over time several events were instrumental in establishing the essential benefits that players have today. This paper will outline background information on the NFL while identifying some legal issues that the organization may encounter while determining which federal, state, or local laws could be affected as a result of these legal issues. Recommendations to minimize possible litigation will be provided along with addressing the organizations benefits of joining a union along with detailing the unionization and bargaining process and the effects this has on the organization.
Professional football has become the most prevalent sport in America and the NFL has become the most prized sports enterprise in the world. The league sold more than 17 million game tickets in 2008 and an estimated three-quarters of the American population watched at least one NFL game on television (Shmoop Editorial Team, 2008). The NFL season culminates with a championship game; The Super Bowl held in February and has become one of the most popular happenings in American pop culture history. This has not been always the case. During its inception in the 1920s, the NFL struggled to find acceptance and stability for several years and did not become popular until after World War II.
The National Football League has evolved over the years with the inception of the players union and faces several responsibilities in ensuring the safety of its players. It is an employer's duty to protect the health, safety, and welfare of their employees and other people who may be affected by their business (Employers Responsibilities). On June 7, 2012 a lawsuit was filed by more than 2,000 former players accusing the league of not sharing information connecting football-related injuries (concussions) to long-term brain damage. Players allege that the NFL promoted the games violence and failed adequately to inform the players about the risks of multiple shots to the head resulting in concussions. Many players exhibit problems, including dementia, increased rate of suicide, insomnia, and depression. If the NFL is found guilty, they would be in violation of Health and Safety Information for Employees Regulations by failing to disclose potential health risks related to performing their jobs. The NFL has denied these allegations and claim they have taken several steps in ensuring the safety of the players through advanced science and a better understanding of how to treat concussion related injuries. The NFL also require players to go through extensive testing on the sidelines after a significant hit to the head and has to be cleared by a physician before returning to play.
In the above example the NFL union played a significant role in implementing procedures that protected players against this type of injury. For example, the player’s union is requesting that the NFL place independent neurologists on the sidelines of every game and include them as part of the initial concussions examination protocol. The NFL will benefit from union representation because they provide the players with a resource to express their concerns and a voice during the collective bargaining process. Unions help employees in the aforementioned instance and therefore have benefited the organization by protecting their most valuable resources, the players.
As a result of the Wagner Act or the National Labor Relations Act of 1935 employees have the right to participate in union activities. If employees of an organization in interested in organizing, they may be contacted by national or international unions, they may organize themselves or they can request a union to start the process for them. Employees must sign authorization cards that elect the union as the employee’s representation during collective bargaining with management. Employees must attain 30% of signed authorization cards from the employees. Once these cards are received the employees can then request elections from the National Labor Relations Board. If authorization cards are received from more than 50% of the employees, they may ask for the right to represent the employees exclusively. On occasion a union may be asked to bargain on behalf of its members with management. A hearing is held by the NLRB to determine the bargaining unit or the employees eligible to vote. Once this is determined an election campaign in underway in which the union and management bargain on different topics from pay to health benefits. The campaign is strictly monitored by the NLRB to ensure both sides are adhering to the rules.
The NFLPA recently engaged in a collective bargaining agreement with NFL owners that resulted in a 136-day labor dispute. The NFLPA was decertified because they could not reach an agreement with owners. Through the collective bargaining process the NFLPA and the owners were able to ratify a new 10- year agreement after four months of disputes. In this example the union bargaining had a tremendous effect on the organization. Because of the lock out the NFL lost millions of dollars in revenue. Union bargaining also has a positive effect on the organization because the players were able to reach an agreement making their working environment comfortable.

References

Shmoop Editorial Team. (November 11, 2008). NFL History. Retrieved October 22, 2012, from http://www.shmoop.com/nfl-history/

Workers' Health and Safety. (n.d.). Employers Responsibilities Retrieved October 21, 2012, from Health and Safety Executive website: http://www.hse.gov.uk/workers/employers.htm