N.F.L. Players May Have an Ally in Their Protests: Labor Law
- 7 years ago
N.F.L. Players May Have an Ally in Their Protests: Labor Law
Together, said Matthew Bodie, a law professor at St. Louis University who is a former attorney for the labor board, these precedents suggest
that federal labor law would most likely protect collective protests of the president’s argument that players should be fired over political gestures — or his suggestion that league rules designed to protect players from debilitating injury are too strict.
While the law might not bear on whether an individual player can kneel during the anthem, many experts say it could protect
players from repercussions for making such a gesture together — or taking other action — to show solidarity on the job.
In 2008, the general counsel of the National Labor Relations Board, which enforces federal labor law, issued a guidance making clear
that workers had a right to publicly demonstrate for or against immigration legislation pending in Congress, though they didn’t have the right to skip work to do so.
“If they’re standing up for other players’ rights to kneel in the context of their job
and keep their job, it seems to me to be protected concerted activity,” Mr. Bodie said.
As National Football League team owners consider President Trump’s call to fire players who refuse to stand for the national anthem, they have stumbled into
one of the most consequential debates in today’s workplace: How far can workers go in banding together to address problems related to their employment?
Mr. Lotito also said the players’ collective bargaining agreement with the owners could lawfully prohibit these sorts of protests.
Together, said Matthew Bodie, a law professor at St. Louis University who is a former attorney for the labor board, these precedents suggest
that federal labor law would most likely protect collective protests of the president’s argument that players should be fired over political gestures — or his suggestion that league rules designed to protect players from debilitating injury are too strict.
While the law might not bear on whether an individual player can kneel during the anthem, many experts say it could protect
players from repercussions for making such a gesture together — or taking other action — to show solidarity on the job.
In 2008, the general counsel of the National Labor Relations Board, which enforces federal labor law, issued a guidance making clear
that workers had a right to publicly demonstrate for or against immigration legislation pending in Congress, though they didn’t have the right to skip work to do so.
“If they’re standing up for other players’ rights to kneel in the context of their job
and keep their job, it seems to me to be protected concerted activity,” Mr. Bodie said.
As National Football League team owners consider President Trump’s call to fire players who refuse to stand for the national anthem, they have stumbled into
one of the most consequential debates in today’s workplace: How far can workers go in banding together to address problems related to their employment?
Mr. Lotito also said the players’ collective bargaining agreement with the owners could lawfully prohibit these sorts of protests.