Natl. Football League Management Council

NATL. FOOTBALL LEAGUE MANAGEMENT COUNCIL 423 National Football League Management Council (fo- rmerly known as the National Football League Player Relations Association) and the Constituent Member Clubs of the National Football League and National Football League Players Association. Cases 18-CA-3380 and 18-CA-3437 January 31, 1975 SUPPLEMENTAL DECISION AND ORDER BY ACTING CHAIRMAN FANNING AND MEMBERS JENKINS, KENNEDY, AND PENELLO On May 30, 1973, the Board issued a Decision and Order' in the above-entitled proceeding, dismissing in toto a complaint alleging that the Respondent had refused, in violation of Section 8(a)(5) and (1) of the National Labor Relations Act, as amended, to bargain collectively with the Charging Party, the National Football League Players Association (here- inafter called the Union). Thereafter, the Union filed a petition for review and the Board filed a cross- application for enforcement with the United States Court of Appeals for the Eighth Circuit. On September 3, 1974, the court issued its decision,2 affirming the Board' s dismissal of that part of the complaint which alleged that the Respondent had unlawfully refused to bargain over the future installation of artificial turf on playing fields, but rejecting the Board's dismissal of that part of the complaint which alleged that the Respondent had unlawfully instituted a rule on March 25, 1971, whereby any player leaving the bench during a fight on the playing field would automatically be fined $200. The court's rejection of the Board's dismissal of the bench-fine issue rested on its finding that the bench-fine rule had been instituted by the NFL owners themselves, and not, as the Board had found, by the NFL commissioner. Accordingly, the court remanded the case to the Board with instructions to adopt a remedy consistent with the court's opinion. On November 5, 1974, the Board, through its Associate Executive Secretary, notified the parties that the Board had decided to accept the court's remand and that any of them wishing to do so might now file a statement of position concerning the issues raised thereby. Such statements have been filed by the Respondent and the Union. 1 203 NLRB 958. 2 503 F.2d 12. J Our remedial Order applies only to the bench-fine rule proposed to and adopted by the owners on March 25, 1971 , and to fines imposed pursuant thereto. Our Order in no way applies to the bench-fine rule announced, according to the Union's statement of position, by the commissioner on November 6, 1972 , or to any fines imposed pursuant thereto . The alleged November 6, 1972, rule was not litigated before the Board ; it was not 216 NLRB No. 74 The Board has duly considered the decision of the Court of Appeals for the Eighth Circuit in•light of the statements of positions filed by the parties in this proceeding. Adopting, as the law of this case, the court's finding that the March 25, 1971, bench-fine rule was instituted by the NFL owners and not, by the NFL commissioner, the Board now concludes that the allegation of a violation of Section 8(a)(5) and (1) of the Act, as described in the complaint And as pertaining to the bench-fine rule, must be, and it hereby is, sustained. The Board deems it appropriate, therefore, to issue a remedial order in the terms set out below.3 ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, National Football League Management Council (formerly known as the National Football League Player Relations Association) and the Constituent Members of the National Football League, Minne- apolis, Minnesota, their officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to bargain collectively with the Union with respect to the terms and conditions of employ- ment of their employees, by unilaterally changing any such term or condition of employment, without prior notice to or consultation and bargaining with the Union. (b) In any like or related manner interfering with the rights of employees guaranteed in Section 7 of the Act. 2. Take the following affirmative action which is necessary to effectuate the policies of the Act: (a) Rescind the rule proposed to and adopted by the owners on March 25, 1971, whereby any players leaving the bench during a fight on the playing field would automatically be fined $200. (b) Make whole, with interest at 6 percent per annum, all employees upon whom fines have been imposed pursuant to said March 25, 1971, rule. (c) Mail to all players in the collective-bargaining unit copies of the attached notice marked "Appe- ndix." 4 (d) Notify the Regional Director for Region 18, in writing, within 20 days from the date of this Order, litigated before the Court of Appeals for the Eighth Circuit ; it is not within the scope of the court's remand; and, therefore, it cannot be a subject of our Order in this case. 4 In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Mailed by Order of the National Labor Relations Board" shall read "Mailed Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD what steps the Respondent has taken to comply herewith. APPENDIX NOTICE MAILED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain collectively with the National Football League Players Association by unilaterally changing any term or condition of employment without prior notice to or consulta- tion and bargaining with said Association. WE WILL NOT engage in any like or related conduct which interferes with, restrains, or coerces you in the exercise of the rights guaran- teed you by Section 7 of the National Labor Relations Act. WE WILL make whole, with interest at the rate of 6 percent per annum, all employees upon whom fines have been imposed pursuant to the rule proposed to and adopted by the owners of the constituent member clubs of the National Football League on March 25, 1971, whereby any player leaving the bench during a fight on the playing field would automatically be fined $200. WE WILL rescind the terms of said rule proposed to and adopted by the owners on March 25, 1971 , to the extent that those terms may still be in effect. NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL (FORMERLY KNOWN AS THE NATIONAL FOOTBALL LEAGUE PLAYER RELATIONS ASSOCIATION) AND THE CONSTITUENT MEMBER CLUBS OF THE NATIONAL FOOTBALL LEAGUE