Case Updates
Outcome
July 08, 2011
The Eighth Circuit ruled that the Norris-LaGuardia Act deprived a federal district court of jurisdiction to block the National Football League from locking out its players. NCLC filed an amicus brief in the Eighth Circuit arguing that the federal district court improperly enjoined the NFL’s six week lockout. Just prior to the expiration of the collective bargaining agreement, the players’ union tried to circumvent the collective bargaining process by decertifying as the players’ representative and taking the case to court. In its amicus brief, NCLC argued that this tactic, if permitted, would undermine the collective bargaining in various industries. NCLC also argued that the primary venue to resolve labor disputes is the National Labor Relations Board, not federal district courts.
NCLC files amicus brief addressing tactical union de-certification used to circumvent collective bargaining process
May 16, 2011
NCLC filed an amicus brief in the Eighth Circuit arguing that the federal district court improperly enjoined the NFL’s six week lockout. Just prior to the expiration of the collective bargaining agreement, the players’ union claimed to decertify as the players’ representative in order to circumvent the collective bargaining process and go directly to court to resolve a bargaining impasse, thereby setting a bad precedent for collective bargaining in all industries. NCLC's amicus brief argued that the primary venue to resolve labor disputes is the National Labor Relations Board, not federal district courts.