See www.thejournalofsport.com for Submission Guidelines. Contents - © Kent State University 2012. Duplication of the material contained herein is strictly prohibited without the express written consent of the Editor of The Journal of SPORT. Cover created with copyrighted images by Cidepix licensed through us.Fotolia.com ISBN-13 978-1477483589 ISBN-10 1477483586 EMPLOYER WEAPONS IN LABOR-MANAGEMENT RELATIONS: Are they Relevant (and Practical) in the Case of Labor-Management Disputes in Professional Sports Hunter, Shannon and Mayo…………………………………1 Establishing a Strategic View of Sport Events: Marketing a Multiphase Sport Experience Huberty and Ross……………………………………….....34 An Examination of NCAA Division I Football Bowl Championship Subdivision Department Revenues and Expenditures and Their Effect on Athletic Success in a Mid-Major Athletic Conference Ridpath, Fattlar and Yiamouyiannis………………………55 The Fitness and Wellness IQ: Measuring College Student Learning in Campus Recreation Fitness and Wellness Programs Milton, Roth, Porter, and Hutton……………………..……91 Division I Football Bowl Subdivision (FBS) Student-athlete perceptions on their NCAA postseason arrangement: A forcedchoice certainty method survey approach Seifried and Turner……………………………………….108 About The Journal of SPORT…………………...……………..140 The Journal of SPORT, 2012, 1, 1-33 © Kent State University EMPLOYER WEAPONS IN LABOR-MANAGEMENT RELATIONS: Are they Relevant (and Practical) in the Case of Labor-Management Disputes in Professional Sports? Commissioner Roger Goodell stated with reference to the 2011 NFL lockout, “We haven't had any discussions or considerations of replacement players." He continued: “It's not in our plans." [March 22, 2011] Richard Hunter Seton Hall University John Shannon Seton Hall University Ann Mayo Seton Hall University What actions are permissible to an employer in a case of a labormanagement dispute? This article addresses the variety of options available to an employer in the context of a labor dispute, in general, and, in particular, in professional sports. Considered will be actions ranging from the hiring of replacement workers during a strike, the imposition of a full or partial lockout by the employer, the refusal of the employer to rehire workers who had been replaced during a strike, and whether the rules established for replacement workers equally apply where management has engaged in a lockout of its workers. A discussion of the importance of NLRB v. Mackay Radio and Telegraph Co. in the context of professional sports will be undertaken. 1. INTRODUCTION TO ISSUES REGARDING EMPLOYEE REPLACEMENTS Consider this scenario. Players on the South Bend, Indiana, Femi Yankees, a team in the United States Women’s Professional Frisbee League [USWPFL], go on strike against their employer when the League and the union representing players fail to reach an agreement on the contract by the start of the 2012 Professional Frisbee Season. The Femi Yankees, contemplating financial ruin if the season doesn’t begin (having spent thousands of dollars on a brand-new, indoor Astroturf field complex that seats 12,000), decide to begin the season with replacement players. After a five week strike by the players, followed by a five week lockout by team management, the league manages to reach agreement with its union and eight players of the twelve who had been replaced seek reinstatement. The Femi Yankees refuse to accept the striking players back and the players seek the assistance of the local NLRB to reclaim their jobs. In the field of labor-management relations, the employer is often placed at a disadvantage if a strike results in the closing of the workplace. In order to protect its business interest by remaining open, an employer may decide to hire replacement workers. The same reality exists in the context of professional sports—but with a variety of quite different considerations than exist in a typical ―nonsports‖ workplace environment. While it is a separate question whether such a strategy will be successful in a practical sense, given the realities of the market structure, fan acceptance of replacement players,1 and ticketing policies of professional sports,2 the legal 11 See James R. Devine, The Legacy of Albert Spalding, the Holdouts of Ty Cobb, Joe DiMaggio, and Sandy Koufax/Don Drysdale, and the 1994-95 Strike: Baseball's Labor Disputes are as Linear as the Game, 31 AKRON L. REV. 1 (1997) (citing John Lowe & Gene Guidi, Who the Heck Are These Guys? Prepare for Replacements- And Some Bad Baseball, DETROIT FREE PRESS, Feb. 27, 1995, at Sports 1D and noting comments by then-acting MLB Commissioner Bud Selig, ―It is far from a perfect solution. Nobody knows that better than me. It‘s just fulfilling the need to play.‖). See also Mark Maske, Relief Is All Too Comic: Replacements are a Far Cry from Major Leaguers, WASHINGTON POST, Feb. 26, issues are still important from the standpoint of the broader context of labor-mana (...truncated)