National Basketball Players Association

The National Basketball Players Association (NBPA), which may also be called the NBA players association, is a labor union that was created by National Basketball Association (NBA) players. NBA players created the NBPA in 1954 in order to promote the interests of NBA players both on the court and off the court.

What Is a Labor Union?

A group of workers who come together to negotiate on an equal basis with their management is referred to as a labor union. An employer may be more inclined to listen to the issues of employees who are members of a labor organization because they have a collective voice.

The Major League Baseball Players Association is an illustration of a labor union. The NBPA union represents baseball players who work for Major League Baseball teams.

Although all players have the right to discuss contract details with their clubs, the MLBPA bargains with MLB in order to create collective bargaining agreements (CBAs). A CBA includes issues such as the minimum wage a player may be paid, the schedule for the season, and the terms of free agency.

This provides players with some room to set up their own contracts while also allowing the MLBPA to negotiate in order to ensure particular terms are given to players. Another example of a labor organization is the International Brotherhood of Teamsters.

This organization represents many blue-collar workers, for example:

• Truck drivers;
• Warehouse workers;
• Sanitation workers; and
• Construction workers.

The union bargains for working conditions, benefits, and wages for its members. The National Labor Relations Act (NLRA) is the union labor law that provides protections for labor unions.

The NLRA protects the right of workers to have union representation. In addition, the NLRA prohibits an employer from interfering with the decision of employees to join a union.

The NLRA also supports collective bargaining under its provisions. An addendum to the NLRA, the Taft-Hartley Act, further governs unions by prohibiting them from pressuring workers into joining the union or refusing to engage in good-faith negotiations with their employer.

The Act also restricts unions from levying excessive dues as well as prohibits the use of violence or threats in order to advance a union agenda. The National Labor Relations Board (NLRB) is the administrative body that adjudicates conflicts between employers and unions.

The NLRB was formed by the NLRA. The NLRB determines which union will represent a certain set of workers.
The NLRB has also developed rules and steps to be used for organizing unions. In addition, the NLRB has a General Counsel who develops guidelines and policies for collective bargaining and investigates unfair negotiating complaints from unions or employers.

There are many states that have laws that govern unions, in addition to state labor union rules and regulations, and the federal NLRA. Some states have enacted legislation that is similar to the NLRA.

This means that, even if an employer is not subject to federal law, it may be subject to the state laws.

What Activities are Forbidden?

Under the NLRA certain union activities are forbidden, including the following:

• Threatening to terminate a workers’ employment if they do not support the union;
• Trying to penalize a worker for not belonging to a union despite the worker having pledged to pay or paid the necessary dues;
• Refusing to address a grievance that was filed by an employee in a jurisdiction where union security clauses are prohibited because the worker has insulted the union or because the worker is not a union member;
• Attempting to impose a fine on a worker who has lawfully quit their union or has crossed an illegal picket line;
• Behavior on picket lines, such as making threats, hitting people, or preventing non-strikers from entering the employer’s property; and
• Striking about topics that have nothing to do with the terms and conditions of employment, for example, politics.

Once a union is certified by the workers voting in a place of employment, the NLRA imposes a duty on the union and the employer to engage in good faith collective bargaining over the future terms and conditions of employment. Collective bargaining occurs when unionized employees and employers meet and negotiate the terms and conditions of employment.

What Does the NBPA Do?

The National Basketball Players Association (NBPA) does the following:

• Negotiates the terms of a collective bargaining agreement (CBA) with the NBA, governing all aspects of players’ employment;
• Ensures that the NBA and its teams meet their obligations they are required to under the CBA;
• Provides a full range of services and assistance through Player Services;
• Negotiates and monitors the administration of retirement and insurance benefits;
• Certifies, regulates, and educates player agents;
• Provides security to help with sensitive issues or other issues;
• Assists charity and community organizations; and
• Promotes the reputations and images of NBA players.

If an individual has any questions regarding the functions of the NBPA, they can consult with an agent familiar with the NBA or a sports lawyer.

Player Services

An NBA player can also use the NBPA for different types of services, including:

• Obtaining expert legal advice or representation in a dispute;
• Receiving salary and additional information to help with individual contract negotiations;
• Advising on how to file a grievance;
• Appealing a fine or suspension;
• Helping resolve player and agent disputes; and
• Protecting medical or other rights and benefits.

What Do Union Lawyers Do?

Labor lawyers are typically hired by unions to represent them in connection with legal affairs. When representing unions and union members, labor law attorneys may appear in state and federal courts, before administrative agencies, before the NLRB, and commissions.

Examples of issues that labor law attorneys may handle include, but may not be limited to:

• Organizing union campaigns;
• Representing labor unions during negotiations with employers;
• Representing employees in disputes relating to benefits;
• Handling arbitration of various employee grievances;
• Representing employees or unions in front of the NLRB; and
• Representing unions that are being investigated by the U.S. Department of Labor (DOL).

A union labor law attorney may also handle issues such as day-to-day union operations, union record keeping, union elections, and concerns related to human resources. A union will also often consult with a labor law attorney when it is facing employer relocation, downsizing, bankruptcy, or closing.

What Is Collective Bargaining?

Collective bargaining occurs when unionized employees and employers meet and negotiate regarding the terms and conditions of employment in the employer’s business. When the union and the employer finish their negotiations, it results in a collective bargaining agreement (CBA).

These agreements are binding on the employees and the employer. They determine pay scales as well as other terms of employment.

In order to meet the requirement to negotiate in good faith, unions and employers are required to:

• Make the best effort to agree to an effective bargaining process;
• Meet with the other party to consider and respond to proposals that they make;
• Respect the roles of the representatives for each of the parties and refrain from attempting to bargain directly with parties for whom the representative acts; and
• Take no actions that would undermine the bargaining process or authority of the other party’s representative.

Good-faith collective bargaining does not require either of the parties to make concessions or to agree to any proposals. It only requires that the parties meet and negotiate at reasonable times with a willingness to agree on issues within the scope of representation.

The NLRA also regulates what activities a union is permitted to use to persuade the employer to agree to their terms and conditions, including:

• Strikes;
• Lock-outs; and
• Picketing.

Do I Need a Lawyer?

If you have any issues, questions, or concerns related to the National Basketball Players Association, an individual should consult with a sports lawyer. Your lawyer can provide you with detailed information on the NBPA.

If you have a dispute involving the NBA or the NBPA, it may be helpful to consult with a sports lawyer.