Case Study #3Apple Suppliers & Labor PracticesWith its h.docx

Case Study #3
Apple Suppliers & Labor Practices
With its highly coveted line of consumer electronics, Apple has
a cult following among loyal consumers. During the 2014
holiday season, 74.5 million iPhones were sold. Demand like
this meant that Apple was in line to make over $52 billion in
profits in 2015, the largest annual profit ever generated from a
company’s operations. Despite its consistent financial
performance year over year, Apple’s robust profit margin hides
a more complicated set of business ethics. Similar to many
products sold in the U.S., Apple does not manufacture most its
goods domestically. Most of the component sourcing and
factory production is done overseas in conditions that critics
have argued are dangerous to workers and harmful to the
environment.
For example, tin is a major component in Apple’s products and
much of it is sourced in Indonesia. Although there are mines
that source tin ethically, there are also many that do not. One
study found workers—many of them children—working in
unsafe conditions, digging tin out by hand in mines prone to
landslides that could bury workers alive. About 70% of the tin
used in electronic devices such as smartphones and tablets
comes from these more dangerous, small-scale mines. An
investigation by the BBC revealed how perilous these working
conditions can be. In interviews with miners, a 12-yearold
working at the bottom of a 70-foot cliff of sand said: “I worry
about landslides. The earth slipping from up there to the
bottom. It could happen.”
Apple defends its practices by saying it only has so much
control over monitoring and regulating its component sources.
The company justifies its sourcing practices by saying that it is

a complex process, with tens of thousands of miners selling tin,
many of them through middle-men. In a statement to the BBC,
Apple said “the simplest course of action would be for Apple to
unilaterally refuse any tin from Indonesian mines. That would
be easy for us to do and would certainly shield us from
criticism. But that would also be the lazy and cowardly path,
since it would do nothing to improve the situation. We have
chosen to stay engaged and attempt to drive changes on the
ground.”
In an effort for greater transparency, Apple has released annual
reports detailing their work with suppliers and labor practices.
While more recent investigations have shown some
improvements to suppliers’ working conditions, Apple
continues to face criticism as consumer demand for iPhones and
other products continues to grow.
Essay directions –
Students will have to identify and analyze the above ethical
dilemma. Write a 750 – 1000 word, double-spaced paper, and
APA style.
Students are expected to identify the key stakeholders,
discussion of the implications of the ethical dilemma, and
answer the case study questions. Each paper should have the
following sections: • Introduction of the case• The ethical
dilemma • Stakeholders • Questions • Conclusions •
References
Questions:
1. Do you think Apple should be responsible for ethical lapses
made by individuals further down its supply chain? Why or why
not?
2. Should Apple continue to work with the suppliers in an effort
to change practices, or should they stop working with every
supplier, even the conscientious ones, to make sure no “bad
apples” are getting through? Explain your reasoning.
3. Do you think consumers should be expected to take into
account the ethical track record of companies when making
purchases? Why or why not?

4. Can you think of other products or brands that rely on
ethically questionable business practices? Do you think
consumers are turned off by their track record or are they
largely indifferent to it? Explain.
5. Would knowing that a product was produced under ethically
questionable conditions affect your decision to purchase it?
Explain with examples.
6. If you were part of a third-party regulating body, how would
you deal with ethically questionable business practices of
multinational corporations like Apple? Would you feel
obligated to do something, or do you think the solution rests
with the companies themselves? Explain your reasoning.
Resources:
Apple ‘failing to protect Chinese factory workers’
http://www.bbc.com/news/business-30532463
How Apple could make a $53 billion profit this year
http://money.cnn.com/2015/07/17/technology/apple-earnings-
2015/
Global Apple iPhone sales from 3rd quarter 2007 to 2nd quarter
2016 (in million units)
http://www.statista.com/statistics/263401/global-apple-iphone-
sales-since-3rd-quarter-2007/
Despite successes, labor violations still haunt Apple
http://www.theverge.com/2015/2/12/8024895/apple-slave-labor-
working-conditions-2015
Reports – Supplier Responsibility – Apple
https://www.apple.com/supplier-responsibility/progress-report/
Author: Lucy Atkinson, Ph.D. Stan Richards School of
Advertising & Public Relations Moody College of
Communication The University of Texas at Austin
· Modified Case study from McCombs School of Business, The
University of Texas Austin

PA 315 Government Business Relations
Chapter 7 Lobbying
Professor Sharon Pierce
Relationship between government and business
Government as a regulator of business
The government regulates the activities of businesses in five
core areas:
advertising, labor, environmental impact, privacy and health
and safety
Business imposes its will on government
Business can influence government through:
campaign funding, lobbying, and regulatory agencies
Participation Questions:
What is lobbying?
What role does it play in the relationship between government
and business?
What is lobbying?
According to Ni (2016), “lobbying can be defined as the process
by which representatives of certain groups are attempting to
influence – directly or indirectly – public officials in favor of or
against a particular cause.” (p. 202)
The term “lobbyist” harkens back to the days when people hung

around in lobbies waiting to get a word in with legislators
heading to vote.
https://represent.us/action/is-lobbying-good-or-bad/
Lobbyist
Represent a professional group that specializes in legislative or
administrative advocacy
Services purchased (like lawyers or contractors) by any
individual, organized interest, organization, or government
Lobbyist can effect legislative actions
Promoting candidates
Raising money
Engaging in strategic advertising
Building advocacy coalitions
Polling
Developing get-out-and-vote strategies
Recruiting volunteer
Provide critical information/data used by legislators to reach
informed and educated decisions
Different types of lobbying
Direct lobbying
refers to attempts to influence a legislative body through
communication with a member or employee of a legislative
body, or with a government official who participates in
formulating legislation. (IRS.GOV, 2019)
Grass root lobbying
refers to attempts to influence legislation by attempting to
affect the opinion of the public with respect to the legislation
and encouraging the audience to take action with respect to the
legislation. (IRS.GOV, 2019)

Lobbying in the United States
Since 1876, Congress has required all professional lobbyist to
register with the Office of the Clerk of the House of
Representatives
First Amendment of the US Constitution
“right of the people…to petition the government for a redress of
of grievances.”
U.S. Supreme Court (1967): [The] rights to assemble peaceably
and to petition for a redress of grievances are among the most
precious of the liberties safeguarded by the Bill of Rights.
These rights, moreover, are intimately connected, both in origin
and in purpose, with the other First Amendment rights of free
speech and free press.
What must a lobbyist do…
Disclose the amount of money they are paid
File quarterly reports identifying contacts made with elected
officials
File semi-annual reports listing contributions made to political
campaigns or elected officials
Not allowed to give money or gifts directly to members of
Congress
What is lobbying and can it be good?
Lobbying: Local, National, and International
Local level
Limited in scope and more specific in terms of outcomes
Targets procurement practices and ordinances (directly and

indirectly)
Scope of influence includes: council members, city
administrators, public opinion
National level
More professionalized
Cultivates personal relationships over a period of time
Scope of influence includes: all three branches and in the
federal bureaucracy
International level
Difficult and expensive
Long term oriented
Scope of influence includes: non-governmental organizations
(NGOs), foreign governments
Business engaging in lobbying
Determine what kind of lobbying strategy is preferred
Active
Anticipatory
Passive
Decide what issues to lobby and desired outcomes
Entity engaged in the lobbying activity
Total lobbying spending in the US from 1998-2017 (in billion
US dollars)
https://www.statista.com/statistics/257337/total-lobbying-
spending-in-the-us/
Number of registered active lobbyist in the US from 2000-2017

https://www.statista.com/statistics/257340/number-of-lobbyists-
in-the-us/
Ranking of the top lobbying firms in the United States in 2017,
by expenses (in million U.S. dollars)
https://www.statista.com/statistics/257372/top-lobbying-firms-
in-the-us-by-expenses/
Top lobbying industries in the United States in 2017, by total
lobbying spending (in million U.S. dollars)
https://www.statista.com/statistics/257364/top-lobbying-
industries-in-the-us/
Lobbyists tend to get a bad rap — is lobbying bad?
Hiring former officials from and into businesses:
The “revolving door”
The practice of hiring former officials into and from businesses
is known as the “revolving door.” (Ni, 2016).
It is a legal and accepted practice for a number of governments
around the world.

Return on Investment for lobbying.
In 2017 alone, private interests spent $3.37 billion on lobbying
— and they did it because they get an unbeatable return on their
investment (ROI).
There’s actually a correlation between how much a company
spends on lobbyists and how much they get from the federal
government. This has been dubbed the “Return On Investment
For Lobbying” (ROIFL)
Lobbyists Raise Millions for Congressmembers’ Campaign
Funds.
On average, a candidate has to raise more than $14,000 a day, 7
days a week to win a Senate seat. A candidate needs upwards of
$1.6 million to win a seat in the House.

Lobbying in an ethical manner
Fairness
Rewarding those with more money
Revolving door – easier access to lawmakers, colleagues, access
codes to office, facilities, and friendships
Transparency
State and Federal requirements to register and file reports
Access to appointment books at a local level
Earmarks –requiring names of sponsors be published at least 24
hours before a bill is to be voted on
Provisions benefiting particular industries or organizations that
lawmakers insert into appropriation bills …” (Nadler &
Schulman, 2019, p. 1)
Common Good
Advocates
Promoting an agenda ethically…
“Trust lies at the foundation of the smooth and effective
operation of any country, its business, and its government.”
(Ni, 2016, p. 219)
1995 Lobbying Disclosure Act (LCA) – defined a federal
lobbyist as someone who is employed or retained by a client for
compensation, has made more than one lobbying contact for his
or her client, and spends at least 20 percent of his or her time
working on lobbying activities for a client during a three month
period.
2006 Lobbying Transparency and Accountability Act (LTAA)

amended the LDA’s language and requirements and added
further restrictions and disclosure obligations on lobbyists and
their lobbying activities.
2007 Honest Leadership and Open Government (HLOGA)
attempted to limit or even exclude revolving door practices, to
increase transparency, and to minimize the use of privately
funded gifts and travel.
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LABOR RELATIONS IN THE NATIONAL

HOCKEY LEAGUE: A MODEL OF
TRANSNATIONAL COLLECTIVE
BARGAINING?
MATHIEU FOURNIER*
DOMINIC ROUX**
I. INTRODUCTION
Professional sports leagues make up a world of their own in
which the best
athletes, employed by various teams, display their talents before
thousands of
spectators. The National Hockey League (NHL) is undoubtedly
the most
popular professional sports league in Canada.
The NHL is composed of thirty teams, six in Canada and
twenty-four in
the United States1 that compete every year for the Stanley Cup,
the archetypal
dream of every professional hockey player. Since it was created
in 1917,2 the
NHL has grown into an industry that generates billions of
dollars in revenues,
which are shared by a handful of players and franchise owners
across North
America.
Given the billions of dollars involved from revenues generated
by
spectator ticket sales, television rights, and the sale of related
products, the
* Mathieu Fournier is a lawyer in the province of Quebec.

** Dominic Roux is a professor in the Faculty of Law at
Université Laval and a researcher at the
Inter-University Research Centre on Globalization and Work
(CRIMT). Research for this article was
supported by a Social Sciences and Humanities Research
Council of Canada (SSHRC) grant under
the research project entitled “Legal Pluralism and Labour Law”
led by professor Michel Coutu at
Université de Montréal. We would like to offer our sincere
thanks to Daniel Dumais, a lawyer at
Heenan Blaikie Aubut, as well as Professor Pierre Verge, from
the Faculty of Law at Université
Laval, for having so generously agreed to review a preliminary
version of our article. The opinions
put forward in this article are those of its two authors only and
do not in any way represent the views
of McCarthy Tétrault LLP. A French version of this text was
initially published in Québec under the
following reference: Mathieu Fournier et Dominic Roux, Les
Relations de Travail dans la Ligue
Nationale de Hockey : un Modèle de Négociation Collective
Transnationale?, 49 LES CAHIERS DE
DROIT 481 (2008).
1. Nat’l Hockey League (NHL), Teams, NHL.COM,
http://www.nhl.com/ice/teams/.htm (last
visited Jan. 20, 2008).
2. NHL, Hockey for Dummies, NHL.COM, Sept. 20, 2006,
http://www.nhl.com/ice/news/htm?
id=381958.
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148 M A R Q U E T T E S P O R T S L A W R E V I E W
[Vol. 20:1
to deficit.
NHL is now considered a major industry in which the players
and the owners
compete for the largest market share. On the one hand, the
owners have a
legitimate interest in making sure their teams remain profitable,
and if that
proves to be impossible, to decide, in some cases, to move their
franchises to
more lucrative markets or to sell to potential investors.3 On the
other hand,

the players’ desire to secure the best possible annual salary is
just as
legitimate, especially given that their careers are relatively
short.4 To this end,
they are constantly seeking new ways to negotiate, to sell
themselves more
effectively, and to ensure that the contracts they enter into are
lucrative.5
Conversely, the owners seek ways to increase their savings
when it comes to
player salaries, with the goal of increasing their profit margins,
or at the very
least, avoid going in
It was in the context of this ideological and economic
confrontation that a
labor relations system was gradually and autonomously put in
place; a system
that is quite novel, since it was set up outside of existing labor
laws. This
system reached its full maturity in 2005 when the Collective
Bargaining
Agreement (CBA)6 came into effect following negotiations
between the NHL
and the National Hockey League Players’ Association
(NHLPA). From the
mid-1990s, labor relations between the two parties had been
rather strained,
leading to the first strike in the history of professional hockey
in 1992, and to
the first lockout in 1994-1995.7 This was followed by a second
lockout in
2004-2005, this time leading to the cancellation of the entire
hockey season,
including the playoffs, a first in the history of professional
sports in North

America.8 This second lockout led to the signing of the CBA.
This sector-based collective agreement, which applies across
North
America, unilaterally stipulates the great majority of working
conditions for all
NHL players, regardless of the team for which they play.
Moreover, it directly
regulates the negotiations of individual employment contracts
between players
and teams by imposing a whole set of standards covering
various aspects of
the employment relationship.9
3. Melanie Aubut, When Negotiations Fail: An Analysis of
Salary Arbitration and Salary Cap
Systems, 10 SPORTS LAW. J. 189, 190 (2003).
4. Id.
5. Id.
6. See generally NATIONAL HOCKEY LEAGUE,
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE NHL AND THE NHLPA (2005), available at
http://www.nhlpa.com/About-Us/CBA/
[hereinafter CBA].
7. Aubut, supra note 3, at 194.
8. See generally Trois Mois de Lock-Out en 1994-1995,
RADIO-CANADA.CA, http://archives.
radio-canada.ca/sports/hockey/clips/9066/ (last visited Nov. 1,
2009).
9. See generally CBA, supra note 6.

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2009] L A B O R R E L A T I O N S I N T H E N H L 149
Beyond the curious fact that a team—the employer—has the
right to trade
one of its own players—the employee—to another competing
team without
this player having the right to oppose this decision,10 the
system that has been
put in place is certainly of relevance to anyone with an interest
in the theory of
labor law and the fundamental challenges it presently faces.

II. QUEBEC LABOR LAW
It should be noted that, historically, labor law, in particular that
which is
applied in Quebec, was built on the basis of two distinct but
interrelated sets of
rules.11 The first set, which mainly emerged in 1925, is
characterized by
direct state intervention: that is to say that minimum working
conditions began
at that time to be imposed for employees tied to their employer
by an
employment contract. For example, the Act Respecting Labour
Standards,
which is applied in particular to any employer doing business in
Quebec,
stipulates the protection that will be provided to employees:
minimum wage,
maximum working hours, annual leave, notice of termination,
etc., making it
clear that these are minimum standards and that they are of
public order.12
The second set of rules is based on the principle of the
“collective autonomy”
of the parties in an employment relationship: this refers to the
collective
system of labor relations established in Quebec in 1944.13 In
establishing this
system, the legislature was acknowledging a practice which
already existed in
several workplaces; that is, employees were forming
associations, and through
their unions, collectively bargaining to establish the details of
collective
agreements, in the case where the employer freely accepted to
enter into such

a bargaining process, or did so under constraint, following
pressure tactics that
were effectively exerted by the employees.14 This system is
characterized by
some specific components, which are now consecrated in the
Quebec Labour
Code.15
First, employees, by majority vote, can choose a
representative—the
union—that can be “certified” to become their exclusive
representative with
regard to all aspects covered by the negotiation, application,
and
10. Except in the case where a player’s employment contract
includes a non-trade clause. Id. at
art. 11.8.
11. FERNAND MORIN ET AL., LE DROIT DE L’EMPLOI AU
QUÉBEC 77 (3d ed. 2006); PIERRE
VERGE ET AL., LE DROIT DU TRAVAIL PAR SES
SOURCES 29 (Editions Thémis 2006).
12. Act Respecting Labour Standards, R.S.Q., ch. N.1-1, § 93
(2009).
13. See Quebec Leads Again, THE SHAWINIGAN
STANDARD, Mar. 1, 1944, at 2.
14. See id.
15. See Quebec Labour Code, R.S.Q., ch. C-27 (2009).
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administration of the collective agreement;16 in such a case, the
parties will be
under the obligation to negotiate, diligently and in good faith,
the conditions of
employment of employees forming a group within a given
enterprise.17 Once
it has been concluded, the collective agreement sets out the
conditions of
employment that will apply to all present and future employees
included in the
group concerned, as well as to the employer, subject to public
order.18 Since
the right to strike and to a lockout can only be exercised during

the negotiation
of the initial collective agreement or when this agreement
comes up for
renewal, it follows that these pressure tactics remain prohibited
during the
period of the collective agreement.19 Lastly, arbitration is the
exclusive and
compulsory means of settling grievances relating to the
interpretation and
application of the collective agreement; consequently, the
courts of law are
excluded from this adjudicating role.20
These initial observations reveal the limitations of labor laws,
which are
essentially applicable at the national, or even in the case of
Canada, provincial
level. Such territoriality means that, with few exceptions,21
such laws are
designed to apply at the local level only.22 The transnational
dimension of the
employer’s activities and of labor relations with employees is
therefore not
addressed. For example, the collective system of labor relations
is binding at
the level of a specified employer’s enterprise. Certification is
granted to one
association only with respect to a group of employees under one
employer or
at a firm, branch, or department coming under this employer.23
Multi-
employer certification is therefore prohibited. Moreover, only
one collective
agreement governs the conditions of employment for this group
of
employees.24

In this era of trade globalization and internationalization, in
which
transnational firms have become major players,25 the labor
relations system
that has been established in the NHL presents a very interesting
model of
transnational union representation and collective bargaining.
This Article aims
to sketch only a broad outline of the main characteristics of this
system, which
16. §§ 21, 47.2, 141.
17. § 53.
18. §§ 62, 67.
19. §§ 106, 107.
20. §§ 100, 101.
21. Act Respecting Labour Standards, ch. II.
22. PIERRE VERGE & SOPHIE DUFOUR, CONFIGURATION
DIVERSIFIÉE DE L’ENTREPRISE ET
DROIT DU TRAVAIL 107 (2003).
23. Quebec Labour Code § 21.
24. § 67.
25. BOB HEPPLE, LABOR LAWS AND GLOBAL TRADE 6
(2005).
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has made it possible to go beyond the inherent territoriality of
labor law,
whether state-based or conventional, and the inherent
limitations of its
effectiveness. Moreover, this system indisputably has
transnational and multi-
employer normative import. Lastly, the binding effect and
enforceability of its
rules are ensured by an arbitration mechanism binding the
parties.
In addition, in regards to the theory of labor law, the system
described
here involves many pertinent aspects worth reflecting upon.
The system is,
first and foremost, a private initiative and is strictly contractual
in nature. It is
essentially based on mutual will, as was typically the case, and

will be seen as
this Article examines the era that preceded its adoption, starting
in 1944, of the
laws that introduced collective labor relations systems in
Canada. Thus, it fits
neatly into a “collective autonomy” approach,26 at least in the
sense intended
by the first major labor law theorists; that is, first, a group of
workers
demanding better working conditions from their employer, and
then, to legal
standards governing labor that are applicable to a given
community, such as a
factory, plant, firm, or industry developed through “collective
bargaining” and
set out in a “collective agreement” that then becomes “law” for
the parties
concerned.27 However, it is also possible to see in this system
an example of
“legal pluralism:”28 having been constructed, developed, and
sanctioned
independently from the state, its norms and their effective
implementation are
situated, definitively and almost exclusively, outside of state-
based labor
laws.29
That said, this system involves two levels of negotiation.
Collective labor
relations take place at the sectoral level. The collective
negotiation of working
conditions is definitely centralized, since it involves
representatives of all the
parties concerned, that is, the team owners and NHL directors,
as well as all of
the hockey players employed by any of these teams. The CBA,

signed in 2005
as a result of this process, standardizes some working
conditions for players
26. PIERRE VERGE & GUYLAINE VALLEE, UN DROIT DU
TRAVAIL? ESSAI SUR LA SPÉCIFICITÉ DU
DROIT DU TRAVAIL 25-30 (1997).
27. Hugo Sinzheimer, La théorie des sources et le droit ouvrier,
LE PROBLÈME DES SOURCES EN
DROIT POSITIF, 1934, at 73; see generally GEORGES
GURVITH, LE TEMPS PRÉSENT ET L’IDÉE DE
DROIT SOCIAL (1931); “Pensées allemande et européenne.”
Ulrich Zachert, La légitimité des
rapports juridiques de travail. À propos de la conception de la
légitimité chez Max Weber et Hugo
Sinzheimer, LA LÉGITIMITÉ DE L’ÊTAT ET DU DROIT.
AUTOUR DE MAX WEBER 306 (Michel Coutu &
Guy Rocher eds., 2005).
28. Guylaine Valée, Le droit du travail comme lieu de
pluralisme juridique, in CÉLINE SAINT-
PIERRE & JEAN-PHILIPPE WARREN, SOCIOLOGIE ET
SOCIÉTÉ QUÉBÉCOISE: PRÉSENCES DE GUY
ROCHER 241 (Céline Saint-Pierre & Jean-Philippe Warren eds.,
2006).
29. Id.; see generally Harry Arthurs, Labor Law Without the
State?, 46 U. TORONTO L.J. 1
(1996).
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across the NHL.30 However, above all, it includes an
innovative mechanism
for determining the salary that each team can pay its players,
that is, a salary
cap.31 This point will be elaborated on further in this Article.
32
As regards individual labor relations, these take place at the
local level,
that is, at the level of the firm. Although, indeed, the CBA
significantly
regulates the negotiation of the employment contract between
the player and

the team, this negotiation remains decentralized and individual,
taking place
between these two parties alone. If the parties reach a deadlock
and if the
object of the negotiation involves determining the salary to be
paid to the
player, the parties can, under certain circumstances, go to salary
arbitration,
according to a sophisticated procedure that will be analyzed in
detail further
on. The same is true for grievances concerning the
interpretation or
application of the collective agreement or the individual
employment
contract.33
III. COLLECTIVE LABOR RELATIONS IN THE NATIONAL
HOCKEY LEAGUE
The labor relations system that the NHL set up involves a
centralized
multi-employer system for negotiating working conditions
across North
America.34 This collective bargaining process resulted in the
signing of a new
collective agreement in 2005, which was intended, on the one
hand, to
standardize some working conditions across the NHL, and on
the other hand,
to harmonize the salary paid to players by instituting a salary
cap.35
A. Collective Bargaining of Working Conditions: A Centralized
Multi-
Employer Process at the North American Level.

The main area of activity of the NHL involves producing and
marketing
sports competitions engaged in by the NHL’s teams. The
preamble to the
2005 CBA states that the NHL is a “joint venture36 organized
as a not-for-
profit unincorporated association . . . which is recognized as the
sole and
31. Id. at art. 42.
32. The CBA’s innovative mechanism for determining the salary
cap will be generally discussed
infra Part III.
33. Arbitration for both salary disagreements and grievances
will be discussed infra Part IV.
34. The system for negotiating working conditions will be
discussed infra Part IV.A.
35. The salary cap will be discussed infra Part IV.B.
36. A joint venture is “a business undertaking by two or more
persons engaged in a single
defined project. The necessary elements are: (1) an express or
implied agreement; (2) a common
purpose that the group intends to carry out; (3) shared profits
and losses; and (4) each member’s equal
voice in controlling the project.” BLACK’S LAW
DICTIONARY 856 (8th ed. 2004).
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be relocated.42
exclusive bargaining representative of the present and future
Clubs of the
NHL . . . .”37 Thus, the NHL is a common legal entity that the
team owners
created in order to set up a professional hockey league. It is
also, according to
this definition, the exclusive representative of its present and
future teams for
the purposes of collective labor negotiations with the NHLPA,
and as such, it
closely resembles an employers’ association as understood in
Quebec labor
law.38 In this respect, however, it should be pointed out that

each individual
team remains the real employer of its players and that the
ultimate power,
when it comes to negotiating, rests in the hands of the teams.
Lastly, having its head office in New York City, the NHL is
directed and
supervised by a board of governors, made up of one member
from each
team.39 The NHL grants franchises to team owners, bestowing
upon them the
privilege of joining the other teams that make up the League.40
The board of
governors decides to whom a franchise should be granted to and
at what price,
as well as, when the case arises, whether a franchise can be sold
or
relocated.41 The NHL also has the power to withdraw a
franchise from its
owner if he does not respect his contractual obligations, violates
NHL rules, or
is headed for bankruptcy. In this case, the NHL then decides to
whom the
franchise can be sold to and where it can
The NHLPA represents all NHL players.43 Its headquarters are
in
Toronto and, in its present form, the NHLPA dates back to June
1967.44 It all
began with a resolution by player representatives from the six
original teams
who elected a Toronto Maple Leafs player, Bob Pulford, as the
NHLPA’s
president, and appointed Alan Eagleson, an influential player
agent at the time,
as its executive director.41 According to the archives, on

Eagleson’s advice,
37. CBA, supra note 6, at pmbl.
38. “[E]mployers’ association: a group organization of
employers having as its objects the study
and safeguarding of the economic interests of its members, and
particularly assistance in the
negotiation and application of collective agreements.” Quebec
Labour Code § 1(c).
39. National Hockey League, FUNDINGUNIVERSE.COM,
http://www.fundinguniverse.com/
company-histories/National-Hockey-League-Company-
History.html (last visited Oct. 27, 2009).
40. GIL STEIN, POWER PLAYS: AN INSIDE LOOK AT THE
BIG BUSINESS OF THE NATIONAL
HOCKEY LEAGUE 37 (1997).
41. Id.
42. Id.
43. NHL Players Ass’n (NHLPA), About the NHLPA,
NHLPA.COM, http://www.nhlpa.com/
About-Us (last visited Jan. 20, 2008) [hereinafter NHLPA].
44. Id.
41. Boston: Ed Johnston; Chicago: Pierre Pilote; Detroit: Norm
Ullman; Montreal: Bobby
Rousseau and Jean-Claude Tremblay; New York: Rod Gilbert,
Harry Howell and Bob Nevin;
Toronto: Bob Pulford. Heather Engel, History of NHLPA
Executive Directors, SUITE101.COM, Aug.
31, 2009, http://national-hockey-league-
nhl.suite101.com/article/

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Pulford delivered an ultimatum to team owners at a meeting,
declaring that if
they refused to recognize the new NHLPA, the players would
join the
powerful Teamsters Union and seek certification under
Canadian labor laws.45

The owners were obviously against this proposal, but as pointed
out by
one observer, the “notorious Teamsters Union was beginning to
cause some
rumblings with the league, [so] Eagleson seemed to be the
lesser of two
evils.”46 Consequently, the NHLPA was recognized by the
team owners and
thus gained its present status as, to use the words of the CBA
itself, “the sole
and exclusive bargaining representative of the present and
future Players in the
NHL.”47
It is interesting to note that the parties appear to have chosen a
United
States law, the National Labor Relations Act (NLRA),48 to
govern their labor
relations.49 The United States Congress adopted this law in
accordance with
its authority to govern trade between states, as set out in the
United States
Constitution.50 A National Labor Relations Board decision51
established that
the NLRA has jurisdiction over and can be applied to
professional sports
leagues in the United States, including the NHL.52 By
recognizing the
principle of freedom of association,53 the NLRA not only
allows players to
form their own association and negotiate their working
conditions collectively,
but also implicitly, to exercise the right to strike, since it
specifies that they
can engage in other concerted activities for the purpose of
collective

bargaining.54 Moreover, the extraterritorial scope of this law
leaves no doubt
as to its applicability in Canada.
cfm/history_of_nhlpa_executive_directors.
45. NHLPA, supra note 43.
46. James Baillie, An Investigation into the Collective
Bargaining Relationship Between the
NHL and the NHLPA, 1994-2005 17 (August 2005)
(unpublished Master’s thesis, Queen’s
University) (on file with the Industrial Relations Center,
Queen’s University), available at
http://irc.queensu.ca/articles/an-investigation-into-the-
collective-bargaining-relationship-between-the-
nhl-and-the-nhlpa-1994-2005.
47. CBA, supra note 6, at pmbl., art. 2.1. Article 2.1 restates
similar language found in the
Preamble. See generally id. at art. 2.1.
48. National Labor Relations Act, 29 U.S.C. §§ 151-169 (2006).
49. PAUL C. WEILER & GARY R. ROBERTS, SPORTS AND
THE LAW 240 (2d ed. 1998).
50. Id. at 250.
51. See generally American League of Prof’l Baseball Clubs,
180 N.L.R.B. 190 (1969).
53. The NLRA also specifies that “[e]mployees shall have the
right to self-organization, to form,
join, or assist labor organizations, to bargain collectively
through representatives of their own
choosing, and to engage in other concerted activities for the
purpose of collective bargaining or other
mutual aid or protection . . . .” 29 U.S.C. § 157.

54. § 158.
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With respect to extraterritoriality, a situation arose that is worth
looking at
and analyzing here: it occurred in October 2005, during the
lockout that was
ordered by the NHL. At the time it did not appear that the labor
dispute,

which had already led to the cancellation of the 2004-2005
hockey season, was
going to be resolved quickly. The NHL was therefore
considering the
possibility of using replacement players for the 2005-2006
season. Under the
NLRA, it would have been possible, in accordance with a
complex legislative
mechanism, to use replacement workers, or “scabs” in the case
of a deadlock
in negotiations.55 The NHL may, in fact, only have wanted to
put pressure on
the players by reminding them that it could resort to such
action. In any case,
the NHLPA reacted to this threat by turning to Quebec law,
which has
included anti-scab provisions since 1977,56 and applying to be
certified to
represent all players in the Montreal Canadiens hockey club.57
Lawyers for
the Montreal Canadiens and the NHL argued that the parties
concerned—the
NHL and the NHLPA—had been subject to the NLRA for over
forty years,
and that the NLRA had extraterritorial scope, whereas the
Quebec Labor Code
did not.58 This led to the application of the estoppel rule and,
subsequently, of
the doctrine of forum non conveniens pursuant to article 3135
of the Civil
Code of Quebec.59 Consequently, the Commission des
Relations de Travail
(CRT) refused to take jurisdiction over this matter, referring it
instead to the
National Labor Relations Board in the United States, which it
deemed better

suited to rule on this dispute.60 Moreover, it concluded that the
certification
unit requested by the NHLPA was not appropriate, as it should
have included
all NHL players rather than just those of the Montreal
Canadiens hockey
club.61 In the end, the NHLPA, which had wanted to use this
means to
respond to pressure from the NHL, dropped its request for
certification.
During the same labor dispute, the NHLPA applied for
certification to
represent all Vancouver Canucks players under the law relating
to collective
labor relations in British Columbia.62 However, on July 31,
2007, the British
Columbia Labour Relations Board (the “Board”), in an
administrative review,
reversed the June 2006 decision by a labor commissioner who
had concluded
55. § 158.
56. Quebec Labour Code § 109.1.
57. See generally Association des Joueurs de la Ligue Nationale
de Hockey v. Club de Hockey
Canadien Inc., 2005 QCCRT 354.
58. Id.
59. Civil Code of Québec, S.Q., ch. 64 (1991).
60. Association des joueurs de la Ligue nationale de hockey,
2005 QCCRT, at 354.
61. British Columbia Labour Relations Code, R.S.B.C., ch. 244,
§ 22(1) (2009).
62. Orca Bay Hockey Ltd. P’ship and Nat’l Hockey League,
BCLRB, no. B172/2007, ¶ 6 (2007).

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[Vol. 20:1
that the bargaining unit in question was “appropriate” in
accordance with
Section 22(1) of British Columbia’s Labour Relations Code.63
The history of
labor relations between the parties, and the particular nature of
the
professional sports industry and of the collective representation

and bargaining
system that had been set up in the NHL, were listed as the
determining factors
in refusing the requested certification.64
Could this decision, which in a way, grants priority to
“collective
autonomy” at the North American level over collective labor
relations at the
local level, be easily transposed into Quebec law? This could
come up, for
example, if an application for certification on the part of
players from the
Montreal Canadiens was once again brought before the CRT. A
brief analysis
of all the arguments put forward by the parties and laid out in
the two Board
decisions leads us to conclude that a ruling in favor of
certification of these
players under the Quebec Labour Code does not appear likely,
even though
such a possibility cannot be completely ruled out. It is true that
the players
belonging to the Canadiens, the employer under the Quebec
Labour Code,
may …
ManageMent
Interscholastic Sport Governance
Tonya L. Sawyer
Indiana State University

Abstract
High school athletics are considered a significant phase of the
secondary school educational
program. Coaches, athletic directors, and school administrators
proclaim the educational values
of their athletic programs with pride. However, school officials
cannot take credit for introduc-
ing these activities into the school program. In fact, students
initiated them. Groups of students
started athletic contests in colleges following the Civil War.
Athletic clubs were patterned after
independent athletic clubs to which many of the elite in society
belonged during that era. Imi-
tating their older brothers and friends, high school students
began to form athletic associations
around 1900. They elected their own managers, scheduled their
own games, and played any
teams available. As the interest in competition grew, it was not
uncommon for persons outside
the school to be recruited to play on the teams. Disputes and
brawls occasionally occurred. The
interscholastic athletic program, originally an unwanted
outsider and later a tolerated extracur-
ricular activity, has now gained its rightful place in the
secondary curriculum. The program
provides opportunities and experiences that make a contribution
to the general growth and de-
velopment of students and help create a healthy climate in the
educational institution and its
supporting community.
Keywords: cheating; eligibility; funding; governance;
governing bodies; homeschoolers;
pay-to-play; school prayer; sport specialization; sportsmanship;
substance abuse

118
Tonya L. Sawyer is compliance coordinator, Department of
Intercollegiate Athletics, Indiana
State University. Please send author correspondence to
[email protected]
Journal of Facility Planning, Design, and Management
Vol. 3, No. 2, pp. 118–133
Interscholastic Sport Governance 119
Evolution of High School Sports
The four stages in the evolution of interscholastic sports are
opposition, toleration, recog-
nition and capitalization, and exploitation. During opposition,
schools did not sponsor high
school sports, yet the team representing the student athletic
associations eventually came to be
identified with their schools and began to embarrass them.
School officials found themselves
forced to take positions on the recruitment of outsiders to play
on the teams, controversies that
arose, and volunteer coaching by individuals who had no
training as teachers and whose tactics
were questionable. As the enthusiasm developed for athletic
contests among students and the
community, and as school administrators realized that the
contests would be continued outside
the jurisdiction of the schools if outlawed, the majority of
school administrators concluded that
the only feasible alternative would be to assume control over

them, thereby inaugurating the
period of tolerance.
Tolerance brought steps to make these athletic games more
respectable. Faculty members
were appointed to chaperone the teams. Schools began to adopt
controls to prevent abuse, in-
cluding requiring athletes to be bona fide students, creating
student-athlete eligibility rules, and
developing standards for coaches, who had to be faculty
members.
During the next period of evolution, school administrators
began to recognize that some
desirable educational outcomes could result from properly
planned and administered inter-
school athletic contests. This motivated principals and coaches
to formulate specific educational
objectives for the interscholastic program. After the standards
were adopted to guide the athletic
programs, many school administrators began to capitalize on the
educational values of athletic
activities and to consider them as integral to the secondary
school program.
When a school activity reached a certain point of popularity, it
entered the fourth period,
during which attempts were made to exploit the program. As
nonschool organizations and in-
dividuals recognized the attractiveness of interscholastic games,
they began to promote events
involving high school athletes and the interscholastic athletic
program. The primary interests of
these promoters were generally in gaining recognition,
advertising, and raising funds. However,
the collective efforts of high school activity associations at the

state and national levels have been
effective in eliminating much of this exploitation of high school
athletes and school athletic
programs.
Placed in their proper perspective, and organized and
administered as part of a total school
program, competitive sports serve as a laboratory for teaching
special skills and developing de-
sirable habits and attitudes. Sawyer and Gimbert (2014)
indicated interschool competition af-
fords the superior student in the field of physical activities the
opportunity to work toward a high
level of achievement and to compete with peers in other
schools.
The Value of Interscholastic Sports
An interscholastic sports program should be designed to develop
characteristics such as
loyalty to purpose, respect for discipline, capacity to lead and
direct, respect of rules and au-
thority, ability to act effectively under stress, respect for others,
capacity for self-discipline in
the interest of accomplishment, ability to develop as an
individual as well as a team member,
determination to overcome obstacles, an understanding that
sportsmanship is the golden rule
of practice, enduring relationships with teammates, and ability
to develop good health habits,
strength, and body vigor.
The eight common arguments for interscholastic sports in the
United States include, ac-
cording to Coakley (2014) and Sawyer and Gimbert (2014), (a)
involving students in extra-

curricular school activities; (b) linking extracurricular activities
to academics; (c) developing
occupational skills such as establishing responsibility, building
achievement orientation, and
120 Sawyer
acquiring teamwork skills; (d) providing opportunities for
developing physical fitness; (e) stimu-
lating interest in physical activities among students in the
school; (f ) generating spirit and unity
necessary to maintain the school as a viable organization; (g)
promoting parental, alumni, and
community support for school programs; and (h) providing
students opportunities to develop
and display skills in activities valued in society at large.
To provide a balanced perspective, it is necessary to outline the
arguments against inter-
scholastic sports. The eight common arguments against
interscholastic sports, according to
Coakley (2014) and Sawyer and Gimbert (2014), include (a)
distracts the attention of students
from academic activities; (b) relegates most students to the role
of spectator; (c) causes too many
serious injuries to active participants; (d) deprives educational
programs of resources, facilities,
staff, and community support; (e) applies excessive pressure on
student-athletes; (f ) focuses the
attention of students on a power and performance orientation;
(g) perpetuates dependence and
conformity; and (h) creates a superficial and transitory spirit in
the school.

Interscholastic Sports Governing Bodies
Interscholastic sports governing bodies include conferences or
leagues, state high school
athletic associations, and the National Federation of State High
School Associations (NFHS).
Local conferences or leagues are formed to enhance scheduling,
provide conference or league
championship competition, and implement useful policies and
procedures.
Types of Associations
Although state athletic and activities associations function
similarly in most respects, they
fall into three general classifications in regard to administrative
control. The majority are volun-
tary associations through which their member schools
cooperatively regulate interschool con-
tests and activities. The second type is affiliated with a state
education department. The third
consists of those administered through institutions of higher
learning.
Voluntary State Associations
Most state associations fall into this category. Membership is
voluntary, but is usually de-
pendent on member schools meeting specified requirements
regarding the financial support of
the school, its plan of organization, the status of its coaches,
and the payment of annual dues.
Usually, such organizations limit their competition to member
schools. In most states, member-
ship is open to public secondary schools accredited by state
departments of education. Some

states also allow private and parochial schools to join, provided
they meet the standards for
membership. These organizations are not-for-profit educational
corporations that are tax-ex-
empted 501(c)3 entities. Board members are elected by schools
of different sizes, and some have
ex-officio members from legislative bodies or departments of
education. Many state associations
are responsible for speech, debate, theatre, music, and spirit
programs. Some are responsible for
only Grades 9–12 (e.g., Indiana) and others coordinate activities
for Grades 6–12 (e.g., Texas).
The state associations in this category include Alabama, Alaska,
Arizona, Arkansas,
California, Colorado, District of Columbia, Florida, Georgia,
Hawaii, Idaho, Illinois, Indiana,
Iowa, Kentucky, Louisiana, Maine, Maryland, Minnesota,
Missouri, Montana, Nebraska,
Nevada, New Jersey, New Mexico, North Dakota, Ohio,
Oklahoma, Pennsylvania, South Dakota,
Tennessee, Utah, Washington, West Virginia, Wisconsin, and
Wyoming.
State Associations Affiliated With State Departments of
Education
The following states are affiliated with state departments of
education: Connecticut, Dela-
ware, Kansas, Massachusetts, Michigan, Mississippi, New
Hampshire, New York, North Caroli-
na, Rhode Island, and Vermont. These associations have direct
links (e.g., communication, com-
mittee appointments) with the state departments of education,
but are not governed by the state.

University-Directed State Associations
The following state associations are university directed: South
Carolina (University of South
Carolina), Texas (University of Texas), and Virginia
(University of Virginia). These organizations
are housed in colleges of or schools of education on a university
campus. The universities do not
govern them. They are free-standing organizations with boards
and bylaws.
Advantages of Joining a State Association
The advantages of belonging to the state association are (a)
eligibility for participation in
state championship athletic events, (b) enforcement of
regulations for the conduct of athletics,
(c) sponsorship of a classification plan for athletic competition
(i.e., a state might have four clas-
sifications based on size of school population including 1-A, 2-
A, 3-A, and 4-A), (d) certification
and assignment of athletic officials, (e) enforcement of athletic
standards (i.e., eligibility, transfer,
and academic standards), (f ) published bulletins and
newsletters, (g) enforcement of sportsman-
ship, and (h) a final authority for the resolution of questions,
controversies, and appeals. Finally,
member schools have obligations to the association, which
include compliance with regulations
of the association, cooperation, support, and loyalty.
The National Federation of High School Athletic Associations

By 1920, state high school associations had been formed in 29
states. They proved to be
desirable and necessary in keeping interscholastic athletics in
perspective within the school pro-
gram and in making them educationally worthwhile. With the
formation of the original Midwest
Federation of State High School Athletic Associations in 1920,
the first cooperative effort of state
associations to control high school athletics came into being.
The original organization of five
states (Illinois, Indiana, Iowa, Michigan, and Wisconsin) was
the forerunner of the NFHS. In
1970, the word athletics was dropped from the name to expand
the responsibilities to include
nonathletic activities.
The NFHS has two primary services, namely, controlling
interstate competition and pre-
venting exploitation of high school athletes and interscholastic
athletics by promoters of athletic
events to which high school teams and individual athletes are
invited. Other services include
the National Federation Press, national interscholastic records,
rules writing, audio-visual aids,
athletic experimental studies, athletic insurance, athletic safety
and protection, professional in-
terscholastic athletic organizations, rules interpretation
meetings, sports participation surveys,
National Federation awards, award of merit, National High
School Hall of Fame, National High
School activities week, and legal aid pact.
The NFHS has six professional organizations under its umbrella
including the National
Federation of Interscholastic Athletic Coaches (NFICA);

National Association of Interscholastic
Officials Association (NFIOA); spirit association; speech,
debate, and theatre association; music
association; and National Interscholastic Athletic
Administrators Association (NIAAA).
The NIAAA (www.niaaa.org) promotes the professional growth
and image of interscholas-
tic athletic administrators. It promotes the development and
prestige of state athletic adminis-
trators’ organizations, which will contribute, in cooperation
with their state high school associa-
tions, to the interscholastic athletic program of each state.
Furthermore, it provides an efficient
system for exchange of ideas between the NFHS and state
athletic administrators’ organizations
as well as individual athletic administrators. Finally, it strives
to preserve the educational nature
of interscholastic athletics and the place of these programs in
the curricula of schools.
Governance
Wong (2010) suggested, “The power and authority in high
school athletics are in the indi-
vidual state organizations, which determine the rules and
regulations for the sports programs
122 Sawyer
and schools within that state” (p. 26). The five basic
components of governance, according to
Sawyer and Gimbert (2014), are (a) organizational structure, (b)
function, (c) authority, (d) re-

quirements for membership, and (e) sanctions and appeals
process. The best way to illustrate
these components as they relate to an interscholastic governing
body is to use a state high school
athletic association as an example.
Organizational Structure
Most state high school athletic associations have the following
organizational structure:
board of directors (elected by the membership), executive
committee as established by the by-
laws, commissioner, an associate commissioner, and assistant
commissioners. The NFHS has a
board of directors (elected by the membership), executive
committee, executive director (ap-
pointed by the board), and directors.
Function
The function or purpose of state high school associations is
stated in their constitutions,
which illustrate why these organizations were founded and what
they are expected to accom-
plish. In general, the function of state high school athletic
associations is to encourage, regu-
late, and give direction to wholesome amateur interschool
athletic competition between schools
that are members of the association. The primary purposes of
these association are to (a) as-
sure that the program of interschool athletic competition
remains steadfast to the principles of
wholesome amateur athletics and subservient to its primary
academic or curricular functions
of education of the member schools; (b) furnish protection
against exploitation of students at

member schools; (c) determine qualifications of individual
contestants, coaches, and officials;
and (c) provide written communications to established standards
for eligibility, competition,
and sportsmanship.
Sawyer and Gimbert (2014) and Sawyer and Judge (2012)
suggested the following objec-
tives of athletic and activity types:
• to foster and develop amateur athletics among the
secondary schools of the state (New
Jersey State Interscholastic Athletic Association),
• to equalize athletic opportunities by standardizing rules of
eligibility for individuals
and by classifying the competitive purposes of the institutions
that are members of the
association (Indiana High School Athletic Association),
• to promote uniformity in the arrangement and control of
contests (Montana High
School Association),
• to protect the mutual interests of the members of the
association through the cultiva-
tion of ideals of clean sport in relation to the development of
character (Missouri State
High School Activities Association),
• to ensure that interscholastic activities shall supplement
the curricular program of the
school to provide opportunities for youth to acquire worthwhile
knowledge, skills, and
emotional patterns (Washington Interscholastic Activities
Association), and

• to foster a cooperative spirit and good sportsmanship on
the part of school representa-
tives, school patrons, and students (Illinois High School
Association).
The mission of the NFHS (2014b) is to serve its members and
its related professional groups
by providing leadership and national coordination for the
administration of interscholastic ac-
tivities that will enhance the educational experiences of high
school students and reduce risks of
their participation. The NFHS’s function is to (a) promote
participation and sportsmanship and
(b) develop good citizens through interscholastic activities,
which provide equitable opportuni-
ties, positive recognition, and learning experiences to students
while maximizing the achieve-
ment of educational goals.
Authority
Principals of the secondary schools or state departments of
education establish the author-
ity for state high school athletic associations. These voluntary
associations are charged to plan,
organize, and regulate a wholesome amateur program of
interschool athletic competition in
which school members of such associations would participate.
The NFHS gains its authority
from the 50 member state associations.

Requirements for Membership
Memberships are voluntary. Full membership in a state high
school athletic association
shall be open to public, private, parochial, boarding, and
institutional high schools of the state
offering and maintaining 2 or more years of high school work,
provided they meet the require-
ments of the association and also subscribe to its rules and
regulations. For a school to be eligible
for membership, it must have full accreditation from the state
department of education or be
fully accredited by a regional accrediting agency (i.e., North
Central Association, Southern As-
sociation of Colleges and Schools (SACS) Council on
Accreditation and School Improvement,
and others).
Members of the NFHS include 50 state high school athletic
associations, the District of Co-
lumbia, and over 30 affiliate members. The affiliate members
include all the Canadian provinces
and a variety of state music associations. It is a not-for-profit
organization located in Indianapo-
lis, Indiana.
Funding
The major source of revenue for the NFHS is sale of
publications. These publications include
rule books (revised annually for all sports), miscellaneous
sports items (e.g., tournament guides,
facilities design materials), sports guides, handbooks, officials’
interpretation books, debate and
speech books, among others. In addition, the organization earns
funds from membership dues,

meetings and conferences, royalties, and contracts for injury
insurance.
The major source of revenue for a state high school association
is tournament revenue. The
greatest source of tournament revenue is derived from football
and boys’ basketball. However,
girls’ basketball is beginning to show a dramatic increase. In
addition, the state associations gen-
erate revenue from membership dues, tournament fees, ball
contracts (i.e., selection of tourna-
ment balls), sponsorships, and sale of publications.
High school athletic programs’ key revenue source is gate
receipts. In addition, high schools
in some states have begun charging athletes for the privilege to
participate in sports. Other
sources of revenue include concessions, merchandise sales,
parking fees, advertising, and spon-
sorships. In general, a small amount is allocated from the
general fund or taxpayer sources. The
two exceptions are coaches’ salaries (paid through the teacher
contract and negotiated by the
teacher bargaining unit) and transportation, which generally is
included in the transportation
fund, often a separate tax.
Sanctions and Appeals Process
Each state high school athletic association has established a
sanction and appeals process.
Commonly, the board of directors establishes the sanctions. The
commissioners or executive
directors implement the sanctions. Commissioners’ or executive
directors’ decisions can be ap-
pealed to either the board of directors or executive committees.

In some states, the decision of
the board of directors or executive committees can be appealed
to a state-appointed appeals
committee, such as in Indiana.
The NFHS does not sanction high schools, but rather sanctions
events between states or
a foreign country. The NFHS requires sanctioning of (a) any
interstate event involving two or
124 Sawyer
more schools that is cosponsored by or titled in the name of an
organization outside the school
community (e.g., AAU), (b) events in nonbordering states if
five or more states are involved, (c)
events in nonbordering states if more than eight schools are
involved, and (d) any event involv-
ing two or more schools that involves a team from a foreign
country.
Interscholastic Policy Areas
High school athletic associations are responsible for developing
policy for the operation
of interscholastic sports within a state or Canadian province.
The policy areas are most often
focused on (a) membership in the association; (b)
corporation/association districts; (c) classes
of schools and competition; (d) roles of the board, executive
committee, commissioner, and ex-
ecutive staff; (e) eligibility; (f ) age; (g) amateurism; (h)
coaches; (i) conduct, character, and disci-
pline; (j) intrastate and interstate contests; (k) game and official

contracts; (l) officials; (m) enroll-
ment and attendance; (n) academic standing/scholarship; (o)
eligibility and transfer; (p) undue
influence; and (q) specific policies for each sport over and
above the NFHS-established rules.
Interscholastic Athletic Issues
A number of important interscholastic athletic issues affect
sports. They include issues such
as amateurism, cheating, deviance and violence, eligibility (i.e.,
academic, age, red shirting, and
transfer rules), equity (i.e., gender and homeschoolers),
funding, pressure to win, school prayer,
specialization, sportsmanship, and substance abuse.
Amateurism
Only an amateur student-athlete is eligible for interscholastic
athletic participation in a par-
ticular sport. A student-athlete loses amateur status and shall
not be eligible for interscholastic
competition in a particular sport if he or she
• is paid (in any form) or accepts the promise of pay for
participation in an athletic
contest;
• accepts a benefit other than of a symbolic nature, directly
or indirectly, for athletic
participation in that sport;
• signs a contract or verbally commits with an agent or a
professional sports organiza-
tion;

• requests that his or her name be placed on a draft list or
otherwise agrees to negotiate
with a professional sports organization;
• uses his or her athletic skill directly or indirectly for pay
(e.g., TV commercials, skills
demonstrations);
• participates in athletic activities, tryouts, auditions,
practices, and games held or spon-
sored by professional athletic organizations, clubs, or their
representatives during the
contest season;
• participates on an amateur sports team and receives,
directly or indirectly, any sal-
ary, incentive payment, award, gratuity, educational expenses,
or expense allowances
(other than playing apparel, equipment, actual and necessary
travel, and room and
board expenses for practice and games); or
• fails to return player equipment or uniforms issued by a
school or nonschool team
when the season for that sport concluded or when the student’s
continued participa-
tion on such team concluded.
To avoid the risk of jeopardizing their current or future
eligibility, student-athletes should al-
ways check with the athletic director for compliance and/or the
coach prior to participating in
any contest in which awards or prizes are to be given and/or
before beginning any employment
related to their sport or sports skills.

Cheating
Cheating often involves a violation of the rules to gain an unfair
advantage over an oppo-
nent. The types of cheating depend on the sport and the
creativity of the participants. Clearly,
cheating is antithetical to educational values and should have no
place in educational programs.
Some coaches are under pressure to win at all costs and use
illegal techniques that are diffi-
cult to detect. For example, holding or tripping by the offensive
linemen in football, touching the
lower half of a basketball player when shooting, faking being
fouled, faking an injury to gain an
extra time-out, or not going to the huddle and standing near the
sidelines. Furthermore, coaches
sometimes break the spirit of a rule, if not the rule itself. For
example, teams may not have or-
ganized practices before a certain date, yet coaches insist on
players practicing, with captains in
charge or coaches at a distance yelling orders.
As long as there is pressure to win, coaches, parents, and
student-athletes will cheat. High
school athletic administrators need to emphasize honesty and
integrity within athletics. These
are characteristics that student-athletes should learn while
participating in sports. Winning at all
costs should never be acceptable in an athletic program.
Deviance and Violence

Is deviance and violence out of control? A quick glance at the
sports pages over the past few
years would lead one to believe that deviance and violence in
sports is out of control. The media
coverage of on-the-field rule violations and violence and off-
the-field behavior would like the
reading public to assume that participants in sports (e.g.,
athletes, coaches, and spectators) are
devious and violent.
The commonly reported examples of deviance include cheating,
gambling, shaving points,
throwing games or matches, engaging in unsportsmanlike
conduct, fighting (violence), taking
performance-enhancing drugs, and generally finding ways to
avoid rules. Over the years, devi-
ance has become a serious problem in most sports because of
pressures to perform and win that
have been heightened by increased commercialization and
television coverage.
Violence among spectators is influenced by violence on the
field of play as well as crowd
dynamics, the situation at the event, and the overall historical
and cultural context in which
spectators live. Coaches and teammates have encouraged
violence on the field of play by other
athletes. High school athletic associations continue to try to
reduce violence on the field or court
and in the stands.
Many of the high school athletic associations are trying hard to
improve sportsmanship in
interscholastic athletics. The sportsmanship programs are aimed
toward athletes, coaches, and

spectators. The sportsmanship programs are designed to
eliminate cheating, gambling, fighting,
and violation of rules by athletes and coaches and to encourage
spectators to behave as ladies
and gentlemen while attending contests. The Indiana High
School Athletic Association (IHSAA)
in collaboration with the Indiana Farm Bureau Insurance
Company has developed a statewide
scholarship program for schools that demonstrate good
sportsmanship. In addition, they actively
support the sportsmanship theme through championship
advertisements; sportsmanship semi-
nars for athletes, coaches, and parents; and a sportsmanship
presence on the IHSAA website.
Eligibility
Who plays and who does not? The answer to this question often
causes heated debates and
court challenges. The most common factors used in determining
if a person can participate
include ability (disability), academic standing, age, citizenship,
educational affiliation (private,
public, or charter schools), gender, grade in school, height,
place of residence, and weight. Eligi-
bility rules are often challenged because of arbitrariness. High
school students have contested eli-
gibility (transfer) rules when their families have moved from
one school district to another and
126 Sawyer
they have been found they are ineligible to play varsity sports.
High school athletic associations

have established eligibility rules to ensure a fair competitive
situation for all student-athletes.
Participation in interscholastic athletics is voluntary and a
privilege in the reasoning of the
courts, which may be extended at the discretion of the school
board and the state high school
athletic association. When eligibility standards are challenged
in the courts, they must, in most
circumstances, withstand only rational basis scrutiny. Wong
(2010) suggested this means that
if the requirements are rationally related to the …
Factors that Influence International
Fans’ Intention to Travel to the United
States for Sport Tourism
Chia-Chen Yu
Sports fans and participants have shown increasing interest in
traveling overseas for sport
tourism. When sports tourists visit sports destinations, the
tourists not only spend money
on events and games but also bring additional revenue to local
businesses. The major
purpose of this study was to investigate factors that might
influence international sports
fans’ intention to travel to the United States for sport tourism.
A survey with 49
questions was distributed to 500 college students in Taiwan.

The results of exploratory
factor analysis show that six factors (cost and ease of arranging
travel plans, interest in
professional sports, different cultural experience, interest in
travel, experience of
watching live sporting events, and the chance to see Asian
players or famous US
players in the games) are the major factors that influence
international fans’ intention
to travel to the United States for sport tourism. The results of
this study will be helpful
for sport management professionals to understand international
fans’ motivations and
expectations for sport tourism and further develop marketing
strategies and allied
activities to appeal to international fans’ interest in overseas
sports tourism.
Keywords: International Sport Tourism; International Fans;
Taiwan; Asian Players;
Motivations
Introduction
A study, Tourism 2020 Vision, conducted by the World Tourism
Organization (2001b)

forecasted that the number of international tourist arrivals to the
Americas is expected
to reach 282.3 million in 2020. Among the development of
international tourist arri-
vals, sport tourism is one of the major developments in the past
few decades that has
continued growing (World Tourism Organization, 2001a). The
combination of sport
and tourism has become a popular choice among sports fans and
tourists as they can
Correspondence to: Chia-Chen Yu, Director of Sport
Management Program, 210 Mitchell Hall, Department of
Exercise and Sport Science, University of Wisconsin-La Crosse,
La Crosse, WI 54601, USA. Email:
[email protected]
Journal of Sport & Tourism
Vol. 15, No. 2, May 2010, pp. 111 – 137
ISSN 1477-5085 (print)/ISSN 1029-5399 (online) # 2010 Taylor
& Francis
DOI: 10.1080/14775085.2010.498249
participate in sporting events and enjoy other tourist activities.
Not only do sports
tourists take advantage of sport tourism, but governments and
cities also benefit
from sport tourism in terms of generating revenue for and

awareness of the commu-
nity. For example, the 2007 London Grand Départ of the Tour
de France brought £88
million (approximately US$129.77 million) into London’s
economy – money spent by
spectators, teams, and race organizers in London during the race
weekend (Sport
Business, 2008a). A study by Gibson et al. (2003) also indicated
that football games
have increased city revenue, community spirit, and travelers’
awareness of the local
community.
In addition to attracting domestic visitors, sport tourism has
also brought visitors
and international arrivals to sporting events and local
communities (World Tourism
Organization, 2002). The 2007 Open Golf Championship at
Angus in Scotland is an
example where the event is a tourist draw – only 4% of
spectators were local residents,
with the remainder traveling from other areas in Scotland
(51%), the rest of the United
Kingdom (30%), and overseas (15%) (Sport Business, 2008b).

Among various sporting events, the Olympic Games and
professional sports events
are the ones that draw international sport fans’ attention and
interest. In particular,
professional sports teams and leagues have been aggressively
expanding their
markets overseas, such as expanding their team recognition and
brands through the
sale of broadcast rights, team merchandise, and other product
extensions overseas
(Fay, 2003). For example, the National Basketball Association
(NBA) views China as
the league’s fastest-growing market. As many as seven NBA
games are shown each
week in China, and the league estimates 30% of the traffic on
the NBA website
comes from Chinese fans (Feuerherd, 2007). Teams’ and
leagues’ recruitment of
international players further indicates teams’ interest in the
international market.
When the Los Angeles Galaxy signed David Beckham, a global
sports icon, in 2007,
the Galaxy hoped Beckham would bring an unprecedented fan
base to and interest

in the Galaxy and US soccer and further attract international
soccer fans (Peters,
2007). In addition, when Yi Jianlian1 joined the Milwaukee
Bucks in 2007, he was
considered a link between the Bucks, the Milwaukee business
community, and the
vast economic promise of China and its millions of basketball
fans where Yi has pro-
vided great exposure to Milwaukee (Walker, 2008). Daisuke
Matsuzaka, a professional
baseball player from Japan, was recruited to the United States to
play for the Boston
Red Sox and is expected to help the Red Sox in Major League
Baseball (MLB) to
reach Japanese baseball fans, making inroads into a market
dominated by Ichiro
Suzuki’s Seattle Mariners and Hideki Matsui’s New York
Yankees (Bialik & Fry,
2006). The Los Angeles Lakers’ recent signing of Chinese guard
Sue Yue in August
2008 has added to the number of international players in the
NBA (Xinhua News
Agency, 2008). NBA international players such as Yao Ming,
Steve Nash, Tony

Parker, Manu Ginobili, Pau Gasol, and Dirk Nowitzki helped
the NBA become
popular worldwide (Spears, 2008).
Because of professional sports leagues and teams’ effort to
expand their fan base and
market overseas, international sports fans have been exposed to
additional news and
discussions about US professional sports. In addition to
following favorite teams
112 C.-C. Yu
and players via media, another method that has become popular
among international
fans is watching sport games or visiting sports facilities as an
agenda in an overseas
travel itinerary.
Among international sports fans, Taiwanese fans have shown
strong interest in the
NBA and MLB (Chan, 2008) as several elite professional
players (e.g., Yao Ming,
Michael Jordan, Kobe Bryant, Spencer Haywood, Scottie
Pippen, Donyell Marshall)
in the United States have visited Taiwan to meet sports fans. In

addition, numerous
baseball players from Taiwan such as Hong-Chih Kuo, Chin-Hui
Tsao, Chin-Lung
Hu, Chien-Ming Wang, and Yung-Chi Chen are current MLB
players. In addition
to following US professional sports, Taiwanese residents have
demonstrated a continu-
ing interest in visiting the United States; the number of
Taiwanese traveling to the
United States increased from 532,180 in 2002 to 587,872 in
2007 (Taiwan Tourism
Bureau, 2008a). The United States remains the most popular
country that Taiwanese
visit, in addition to countries in Asia; in comparison, the second
and third most-
visited countries in Europe, Africa, and Oceania are Canada
(87,161) and the Nether-
lands (85,352). Lin’s (2006) study showed that Taiwanese
sports fans have an especially
high interest in traveling overseas for sporting events. Thus, in
the early 2000, travel
agents in Taiwan started to incorporate sport tourism in
itineraries or packages for
overseas travel (Tang, 2003).

Sport teams not only benefit from the attendance of
international sports fans, but
local businesses or governments also generate revenues from
international sport
tourists’ spending on other activities, such as visiting tourist
destinations and
shopping. Although professional sports teams and leagues may
not consider inter-
national sport tourists core consumers and target markets, the
market potential of
international fans from overseas exists as major sport
companies (e.g., Nike and
Adidas) and sport leagues and teams have been reaching out to
the global market
for sports broadcasts and product sales. International fans’
outbound sports
tourism experience would help to establish or strengthen fans’
association with
teams and players, who hope that international fans continue
their interest in US
sports when the tourists return to their home countries. In
addition, as the sports
industry has become a global business, sport management
professionals have oppor-

tunities to work with international sports fans. As a result, the
major purpose of this
study was to investigate factors that might influence
international sports fans’ inten-
tion to travel to the United States for sport tourism. The results
of this study will be
helpful for sport management professionals to understand
international fans’ motiv-
ations and preferences for sport tourism in planning marketing
strategies and associ-
ated tourist activities.
Literature Review: Theories and Studies
International sports fans’ intention to travel overseas for
sporting events can be attrib-
uted to various factors, such as fan and attendance motivation,
travel intention, fans’
association with players and teams, and interest in US sports.
Yet barriers might also
restrain international fans’ interest in outbound sport spectating.
Journal of Sport & Tourism 113
Fan and Attendance Motivation

Just as with sports fans in the United States, international sports
fans’ motivation in
sports spectating is to satisfy certain interests and desires.
Sports fans participate in
sports because they want to enjoy the excitement,
entertainment, and competition
inherent in sports that help fans escape stress (Branscombe &
Wann, 1994; Gantz &
Wenner, 1995; Lever & Wheeler, 1984; Sloan, 1989; Zillmann
et al., 1989). In addition,
fans are motivated by associating with the success of teams and
players such that fans
share the teams’ achievements (Branscombe & Wann, 1994;
Sloan, 1989). The results
of studies by Wann (1995) and Wann et al. (1999) on the Sport
Fan Motivation Scale
confirmed the factors – eustress, self-esteem, escape,
entertainment, economic, aes-
thetic, group affiliation, and family – to be influential
motivations. Funk et al.
(2002) further identified that the following factors have
influenced fan motivation:
role models, excitement, drama, wholesome environment,
aesthetics, entertainment

value, interest in the sport, interest in team, national pride, and
vicarious achievement.
Similar to fan motivation, research has found factors range from
social dimensions to
entertainment aspects that have influenced attendance
motivation. The Motivation
Scale for Sport Consumption for fans’ motives of watching or
attending sport events
was later validated by Trail & James (2001) as some of the
motives included vicarious
achievement, acquisition of knowledge, aesthetics, social
interaction, drama, and
escape. Neale & Funk (2006) used the Sport Interest Inventory
to measure the
motives of spectators attending an Australian Football League
game and the results
show that five factors – vicarious achievement, player interest,
entertainment value,
drama, and socialization – are important motives for spectators
attending games.
Additional attendance behavior is also associated with the
sports (e.g., rivalries), the
value of the ticket price and overall cost of attendance, added
entertainment such as pro-

motions/giveaways and in-game entertainment, and connection
with family or commu-
nity (Bernthal & Graham, 2003). In addition, the new
development and renovation of
sports ballparks and stadiums, stadium design, and services
have also motivated specta-
tors’ attendance at games, in particular professional sports
(Wakefield & Sloan, 1995).
Fans’ Association with Players and Teams
Sport fandom not only attracts fans following sports but also
induces fans to travel
miles domestically or outbound to watch the teams and players
that the fans
support. In particular, international sports fans’ interest in US
sports has been escalat-
ing due to increasing numbers of international players playing
in professional US
leagues. It is now common to see players from South America
and Asia play in
Major and Minor League Baseball and Asian players are
beginning to play in the
NBA. Although international players might not be the stars on
the teams, their
playing in professional sports major leagues is an honor for the

fans from the
players’ native countries. International sports fans’ support of
their native players
may be attributed to star power. Fans feel familiarity,
similarity, and likeability
toward players (the source-attractiveness model, McGuire,
1985; Shank, 2005) and
114 C.-C. Yu
trustworthiness and expertness (the source credibility model,
Charbonneau &
Garland, 2006; Ohanian, 1990). International players’ positive
characteristics and
images attract the attention of media and fans in the players’
native countries, and,
further, fans transfer their appreciation of international players
to the sports,
leagues, or products and brands the players endorse (the
meaning transfer model,
McCracken, 1989). According to the results of Bilyeu & Wann’s
(2002) study of the
differences between African American and European American
fan motivation,

representation (e.g., people of the same background) and
similarity (e.g., people
that have things in common with) are also critical for fan
motivation. In addition,
previous studies have shown that national pride plays an
important role in inducing
fans’ interest, particularly Asian sports fans (e.g., Funk et al.,
2002; Kim et al., 2009).
Chien-Ming Wang, a native of Taiwan and a former pitcher for
the Yankees, is con-
sidered a celebrity in Taiwan. Because of Wang’s popularity,
many Taiwanese tune in to
Yankees’ games, as Wang’s starts are broadcast live, and fans
can follow on computers
or TV (Caldera, 2008). Through the fans’ association with their
favorite players, fans in
Taiwan are becoming more interested in US professional sports
because Taiwanese fans
want to see players from their native country playing in Major
League games (Chan, 2008).
Lin (2006) investigated the relationship of Taiwanese baseball
sports fans’ motiv-
ation, involvement, and team identification, and their intentions
to attend foreign

games. The results showed that if fans have a strong affiliation
for the teams they
support, the fans’ tendency to travel overseas is higher. Tang
(2003) also concluded
that the major motivation factors for Taiwanese sports
spectators to travel outbound
for sport tourism are entertainment, relaxation, the experience
of cultural differences
and social interaction (socialization), travel choice and
event/game attractiveness,
favorite players or teams, self-esteem/self-fulfillment, and the
chance to go abroad.
General travel interest. In addition to fan and attendance
motivation, general travel
interest might also trigger fans’ intention to travel overseas for
sports tourism. In
tourism and leisure studies, scholars have used different
approaches to analyze tour-
ists’ motivation. Among various theories, the theory of push and
pull factors has
been commonly used. For example, Krippendorf (1987) pointed
out that push
factors induce individuals to travel because they want to get
away from issues in
their daily lives and travel would help them fulfill the need for

escape, recuperation,
social integration, self-determination, self-realization, and
broadening of the mind.
In addition, tourists are motivated to travel by push factors as
they want to fulfill
physiological (e.g., climate and food) and psychological (social
interaction and eus-
tress) needs (Dann, 1977). On the other hand, the pull factors –
individuals’ perceived
image of destination – are critical and attract them to travel
(Crompton, 1979; Dann,
1977; Iso-Ahola, 1982; Uysal & Jurowski, 1993).
Push and Pull Factors
The push and pull factors for sport travelers’ motivation are
also found in studies of
sport tourism. From the push factors, participating in sport
tourism is a good way for
fans and participants to experience different cultures as sport,
and tourism has a
similar objective, which is to help people understand different
cultures and lifestyles

(World Tourism Organization, 2002). As Funk et al. (2007)
revealed, the factors of
escape for travel benefits, social interaction, prestige,
relaxation, culture experience,
and cultural learning in different countries and knowledge
exploration are critical
for participants’ motivation in sport tourism.
On the other hand, pull factors refer to the attractiveness of the
destination and tan-
gible destination features such as natural attractions, historical
and cultural resources,
architecture, hotel, transportations, special events, and
entertainment opportunities
(Kim & Lee, 2002; Kozak, 2002; Uysal & Hagan, 1993). The
pull factors also show
that the destination image of sporting tourism is another critical
factor for sports tour-
ists (e.g., Funk et al., 2007; Gibson et al., 2008). Kaplanidou &
Vogt (2007) investigated
active sport tourists’ purposes for participating in a bicycling
tour, and the results of
the study showed that destination image and past experience
with the destination sig-

nificantly influenced participants’ intentions to revisit the
destination for sport
tourism activities. Thus, it is important to develop an attractive
sport destination
for successful sport tourism. Turco et al. (2002) suggested
several significant elements
to plan attractive sport tourist destinations, which should
include hospitality and
other characteristics such as national tourism resources (e.g.,
terrain, climate,
geology), human-made tourism resources (e.g.,
historical/cultural hospitality facili-
ties), human tourism resources (hosting capabilities), and
communication location
(e.g., market access, exploitable factor in tourism potential).
Other Factors influencing Travelers’ Intention
In addition to push and pull factors, a number of studies have
posited that other
factors also influence travelers’ intention, i.e., culture,
architecture, hotels, transport,
entertainment, and cost (Kozak, 2002; Laws, 1995; Sirakaya et
al., 1996). The econo-
metric models in tourism management confirm that tourists’
intention to travel is

associated with variables such as prices of local tourist
products, exchange rates,
and transportation costs (Johnson & Ashworth, 1990;
Papatheodorou, 2001; Witt &
Martin, 1987).
Different Motivation Factors according to Gender and Length of
Individuals’ Trips
Although individuals have similar motivations for sports
attendance and tourism,
research has shown that different motivations influence males
and females to spectate
and travel overseas. Previous studies have shown that tourists’
gender influences
tourism motives as men tend to be motivated to participate in
physical outdoor activi-
ties/adventure and have fun while women are motivated to relax
(e.g., Freysinger,
1995; Mattila et al., 2001). Meng and Uysal’s (2008) study
regarding gender differences
in the perceived importance of motivation in terms of Nature
Tourism Destination has
similar results: men put more emphasis on ‘activities and fun,’
and women consider
the ‘relaxation experience’ the more important factor. The study
also revealed that

116 C.-C. Yu
female respondents were more concerned about the security at
the destination, being
respected by others, and feeling welcome at the destination,
whereas male respondents
considered fun and enjoyment in travel value.
Spectators’ gender differences also influence fans’ attendance
motivation. Kim et al.
(2008) examined spectator motives regarding mixed martial arts
at a local amateur
event and revealed that there were gender differences in
motives. Female fans con-
sidered drama and aesthetics to be important motivations while
males indicated
that interest in the sport, economics, and violence were
significantly more important.
A study by Hall & O’Mahony (2006) suggested that
entertainment, back room (e.g.,
parking, ease of getting a seat, and stadium accessibility), and
social factors are
more influential for women than for men.

In addition to different motivations between genders, the length
of individuals’ trips
has also influenced their planning of tourist activities and
preferred destinations.
Fodness & Murray’s (1999) study of tourist information search
behavior shows that
tourists’ length of stay was significantly associated with
information searches, as
long-haul tourists are involved in more extensive information
search. Morrison
et al.’s (1997) study of destination choices of Taiwanese
outbound travelers showed
that travelers’ choice of destinations outside the Asia-Pacific
region was positively
related to the length of the trip. The results of Vogt & Stewart’s
(1998) study of trip plan-
ners’ information usage confirmed that travelers who stayed at
their destinations for a
longer time (i.e., 4 days or longer) may have spread out
activities and gone sightseeing.
Constraints of Fans’ Overseas Tourism
Although international fans have shown interest in sport
tourism, some factors might
restrain their intention in outbound travel for sport tourism. As

pointed out by Huang
et al. (1996), despite the development of Taiwanese traveling
overseas, some obstacles
have impeded progress of outbound Taiwanese tourism. Getting
visas and men’s com-
pulsory military service are the two common restraints. For
diplomatic reasons, since
the withdrawal from the United Nations in 1971, Taiwanese
travelers are required to
submit foreign visa applications, which can be time-consuming
and costly. In
addition, fans’ concerns might include long travel distances
(especially traveling
across continents), language barriers (Chen & Hsu, 2000),
safety of destinations
(Kim et al., 2005; McKercher & Hui, 2003; Tsai, 2006),
unfamiliarity with the desti-
nations (Wu, 1997), and travel cost (Chen & Hsu, 2000; Kim et
al., 2005). Further-
more, the cost of travel and economic reasons are critical
factors for international
sports fans to travel outbound. Lin’s (2006) study of Taiwanese
fans’ intention to
travel overseas also showed that fans’ income is a significant

effect on their motivation
and intention to attend foreign sport games. In addition,
according to the survey by
the Taiwan Tourism Bureau (2008b) about Taiwanese residents’
behavior in travel
in 2006, respondents indicated that the price of the trip is a
major consideration
when they plan for overseas travel.
With the development of sport tourism and the popularity of
sports among inter-
national fans, it is important to understand factors that influence
international sports
fans’ intention to travel overseas for sport tourism. According
to the purposes of study
and literature reviews, research questions were developed as
follows. (a) What are the
major factors that might influence international sports fans’
intention to travel to the
United States for sporting event tourism? (b) Are there any
differences regarding the
importance of major factors among international sports fans’

gender, interest in US
professional sports, and number of days that they are willing to
spend on sport
tourism?
Methodology
Instrument
A questionnaire was developed to investigate factors that might
influence international
sports fans’ intention to travel to the United States for sport
tourism. The context of
the questionnaire presented to respondents was a trip to the US
in which the respon-
dents could attend professional sport games. The questionnaire
consisted of two parts
with 49 questions. The first part included four questions, which
collected information
about respondents’ gender, interest in US professional sports,
their future plan to
travel to the United States, and number of days that they are
willing to spend for
sport tourism on a 14-day trip. The second part of the survey
with 45 items asked
respondents the importance of each variable that might

influence their intention to
travel to the United States for sport tourism. Each question in
Part Two of the
survey was assessed on a five-point Likert scale, where 5
represented very high and
1 represented very low.
Questions were developed from a review of the literature and
previous studies to
represent four subcategories: sports fan and attendance
motivation, fans’ association
with players and teams, general travel interest, and constraints
of fans’ overseas
tourism. Fourteen questions to evaluate fan and attendance
motivation were devel-
oped from studies of sport fan motivation (Trail & James; 2001;
Wann, 1995; Wann
et al., 1999). The second subcategory’s 14 questions, which
investigated fans’ motiv-
ations by associating with players and teams, were generated
from the source-attrac-
tiveness model (Shank, 2005), the meaning transfer model
(McCracken, 1989), and
previous studies (e.g., Funk et al., 2002; Kim et al., 2009)
regarding fans’ connection

with players and teams. Items from studies by Iso-Ahola (1982),
Uysal & Jurowski
(1993), and Chen & Hsu (2000) were derived to reveal if
respondents’ travel interest
(nine questions) and constraints on overseas tourism (eight
questions) would influ-
ence their outbound sports tourism. The second part of the 45-
item survey were
listed in random order regardless of the subcategory.
Ticket sales managers and executives from a selected
professional team in the US
Midwest were asked to offer suggestions for the questionnaire;
several questions
(e.g., ‘Possibility of a post-game meet and greet with a
professional athlete’ and
‘Chance to be on the court after the game and interact: take
photos, shoot free
throws’) were added according their feedback. In addition,
numerous questions
were developed based on information from government reports.
For example,
118 C.-C. Yu

according to the Taiwan Tourism Bureau (2008b), Taiwanese in
outbound travel
usually stay 10.40 nights. As a result, a hypothesis of a 14-day
trip (including approxi-
mately 14 – 20 hours of traveling time one way) was estimated
for a question regarding
the length of the entire trip from Taiwan to the United States.
The questionnaire was originally developed in English because
the items and ques-
tions in the instrument were primarily generated from studies
in, and literature review
of, Western countries, as there are established theories and
studies regarding fan and
attendance motivation, sport tourism, and tourism motivations.
The researcher then
translated the English questionnaire into Chinese. To ensure the
validity of the trans-
lation of the research instrument between the English and
Chinese versions, two
selected college professors in the United States and Taiwan who
specialize in sport
management and are proficient in both languages were asked to
critique the trans-

lation of the questionnaire. Then a second group of experts (n ¼
2) translated the
modified Chinese questionnaire into English. Finally, a graduate
sport administration
student who is a native English speaker was asked to evaluate
the consistency and accu-
racy between the original and revised English questionnaires.
The researcher then
modified words and finalized the Chinese questionnaire to make
it more understand-
able for Taiwanese respondents and accurate to the original
questionnaire according to
the selected experts’ suggestions. The Cronbach alpha
coefficients for each subcategory
(fan and attendance motivation, fans’ association with players
and teams, general
travel interest, and constraints on overseas tourism) are 0.86,
0.86, 0.82, and 0.73,
respectively.
Participants
Respondents for this study were college students in various
majors and years of study
who were enrolled during the 2008 academic year at five
colleges and universities in

Taiwan. College students were chosen for this study because of
the increasing interest
in professional sports and popularity of overseas travel among
college students. Several
studies indicated that the majority (approximately more than
50%) of on-site specta-
tors for professional sporting events and loyal fans are college
students who have
shown strong interest in professional sports (e.g., Chen, 2005;
Chen et al., 2006; Lai,
2005; Lin, 2003). In addition to fans of professional sports,
approximately 930,000
college students traveled outbound in 2001 (Taiwan Tourism
Bureau, 2002). The
popularity of traveling overseas among college students might
be attributed to stu-
dents’ escalating interest in learning different languages and
cultural environments,
and their parents’ financial support for the trip (Chen, 2003).
Thus, college students
are the appropriate group of participants for this study. The
researcher asked a faculty
member from each university to randomly select two to three of
his or her classes,

approximately a total of 100 students from each university, to
participate in this
survey. The selected faculty …
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LABOR RELATIONS IN THE NATIONAL
HOCKEY LEAGUE: A MODEL OF
TRANSNATIONAL COLLECTIVE
BARGAINING?

MATHIEU FOURNIER*
DOMINIC ROUX**
I. INTRODUCTION
Professional sports leagues make up a world of their own in
which the best
athletes, employed by various teams, display their talents before
thousands of
spectators. The National Hockey League (NHL) is undoubtedly
the most
popular professional sports league in Canada.
The NHL is composed of thirty teams, six in Canada and
twenty-four in
the United States1 that compete every year for the Stanley Cup,
the archetypal
dream of every professional hockey player. Since it was created
in 1917,2 the
NHL has grown into an industry that generates billions of
dollars in revenues,
which are shared by a handful of players and franchise owners
across North
America.
Given the billions of dollars involved from revenues generated
by
spectator ticket sales, television rights, and the sale of related
products, the
* Mathieu Fournier is a lawyer in the province of Quebec.
** Dominic Roux is a professor in the Faculty of Law at
Université Laval and a researcher at the
Inter-University Research Centre on Globalization and Work
(CRIMT). Research for this article was

supported by a Social Sciences and Humanities Research
Council of Canada (SSHRC) grant under
the research project entitled “Legal Pluralism and Labour Law”
led by professor Michel Coutu at
Université de Montréal. We would like to offer our sincere
thanks to Daniel Dumais, a lawyer at
Heenan Blaikie Aubut, as well as Professor Pierre Verge, from
the Faculty of Law at Université
Laval, for having so generously agreed to review a preliminary
version of our article. The opinions
put forward in this article are those of its two authors only and
do not in any way represent the views
of McCarthy Tétrault LLP. A French version of this text was
initially published in Québec under the
following reference: Mathieu Fournier et Dominic Roux, Les
Relations de Travail dans la Ligue
Nationale de Hockey : un Modèle de Négociation Collective
Transnationale?, 49 LES CAHIERS DE
DROIT 481 (2008).
1. Nat’l Hockey League (NHL), Teams, NHL.COM,
http://www.nhl.com/ice/teams/.htm (last
visited Jan. 20, 2008).
2. NHL, Hockey for Dummies, NHL.COM, Sept. 20, 2006,
http://www.nhl.com/ice/news/htm?
id=381958.
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to deficit.
NHL is now considered a major industry in which the players
and the owners
compete for the largest market share. On the one hand, the
owners have a
legitimate interest in making sure their teams remain profitable,
and if that
proves to be impossible, to decide, in some cases, to move their
franchises to
more lucrative markets or to sell to potential investors.3 On the
other hand,
the players’ desire to secure the best possible annual salary is
just as
legitimate, especially given that their careers are relatively
short.4 To this end,

they are constantly seeking new ways to negotiate, to sell
themselves more
effectively, and to ensure that the contracts they enter into are
lucrative.5
Conversely, the owners seek ways to increase their savings
when it comes to
player salaries, with the goal of increasing their profit margins,
or at the very
least, avoid going in
It was in the context of this ideological and economic
confrontation that a
labor relations system was gradually and autonomously put in
place; a system
that is quite novel, since it was set up outside of existing labor
laws. This
system reached its full maturity in 2005 when the Collective
Bargaining
Agreement (CBA)6 came into effect following negotiations
between the NHL
and the National Hockey League Players’ Association
(NHLPA). From the
mid-1990s, labor relations between the two parties had been
rather strained,
leading to the first strike in the history of professional hockey
in 1992, and to
the first lockout in 1994-1995.7 This was followed by a second
lockout in
2004-2005, this time leading to the cancellation of the entire
hockey season,
including the playoffs, a first in the history of professional
sports in North
America.8 This second lockout led to the signing of the CBA.
This sector-based collective agreement, which applies across
North

America, unilaterally stipulates the great majority of working
conditions for all
NHL players, regardless of the team for which they play.
Moreover, it directly
regulates the negotiations of individual employment contracts
between players
and teams by imposing a whole set of standards covering
various aspects of
the employment relationship.9
3. Melanie Aubut, When Negotiations Fail: An Analysis of
Salary Arbitration and Salary Cap
Systems, 10 SPORTS LAW. J. 189, 190 (2003).
4. Id.
5. Id.
6. See generally NATIONAL HOCKEY LEAGUE,
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE NHL AND THE NHLPA (2005), available at
http://www.nhlpa.com/About-Us/CBA/
[hereinafter CBA].
8. See generally Trois Mois de Lock-Out en 1994-1995,
RADIO-CANADA.CA, http://archives.
radio-canada.ca/sports/hockey/clips/9066/ (last visited Nov. 1,
2009).
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Beyond the curious fact that a team—the employer—has the
right to trade
one of its own players—the employee—to another competing
team without
this player having the right to oppose this decision,10 the
system that has been
put in place is certainly of relevance to anyone with an interest
in the theory of
labor law and the fundamental challenges it presently faces.
II. QUEBEC LABOR LAW
It should be noted that, historically, labor law, in particular that
which is

applied in Quebec, was built on the basis of two distinct but
interrelated sets of
rules.11 The first set, which mainly emerged in 1925, is
characterized by
direct state intervention: that is to say that minimum working
conditions began
at that time to be imposed for employees tied to their employer
by an
employment contract. For example, the Act Respecting Labour
Standards,
which is applied in particular to any employer doing business in
Quebec,
stipulates the protection that will be provided to employees:
minimum wage,
maximum working hours, annual leave, notice of termination,
etc., making it
clear that these are minimum standards and that they are of
public order.12
The second set of rules is based on the principle of the
“collective autonomy”
of the parties in an employment relationship: this refers to the
collective
system of labor relations established in Quebec in 1944.13 In
establishing this
system, the legislature was acknowledging a practice which
already existed in
several workplaces; that is, employees were forming
associations, and through
their unions, collectively bargaining to establish the details of
collective
agreements, in the case where the employer freely accepted to
enter into such
a bargaining process, or did so under constraint, following
pressure tactics that
were effectively exerted by the employees.14 This system is
characterized by

some specific components, which are now consecrated in the
Quebec Labour
Code.15
First, employees, by majority vote, can choose a
representative—the
union—that can be “certified” to become their exclusive
representative with
regard to all aspects covered by the negotiation, application,
and
10. Except in the case where a player’s employment contract
includes a non-trade clause. Id. at
art. 11.8.
11. FERNAND MORIN ET AL., LE DROIT DE L’EMPLOI AU
QUÉBEC 77 (3d ed. 2006); PIERRE
VERGE ET AL., LE DROIT DU TRAVAIL PAR SES
SOURCES 29 (Editions Thémis 2006).
12. Act Respecting Labour Standards, R.S.Q., ch. N.1-1, § 93
(2009).
13. See Quebec Leads Again, THE SHAWINIGAN
STANDARD, Mar. 1, 1944, at 2.
14. See id.
15. See Quebec Labour Code, R.S.Q., ch. C-27 (2009).
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administration of the collective agreement;16 in such a case, the
parties will be
under the obligation to negotiate, diligently and in good faith,
the conditions of
employment of employees forming a group within a given
enterprise.17 Once
it has been concluded, the collective agreement sets out the
conditions of
employment that will apply to all present and future employees
included in the
group concerned, as well as to the employer, subject to public
order.18 Since
the right to strike and to a lockout can only be exercised during
the negotiation
of the initial collective agreement or when this agreement
comes up for
renewal, it follows that these pressure tactics remain prohibited

during the
period of the collective agreement.19 Lastly, arbitration is the
exclusive and
compulsory means of settling grievances relating to the
interpretation and
application of the collective agreement; consequently, the
courts of law are
excluded from this adjudicating role.20
These initial observations reveal the limitations of labor laws,
which are
essentially applicable at the national, or even in the case of
Canada, provincial
level. Such territoriality means that, with few exceptions,21
such laws are
designed to apply at the local level only.22 The transnational
dimension of the
employer’s activities and of labor relations with employees is
therefore not
addressed. For example, the collective system of labor relations
is binding at
the level of a specified employer’s enterprise. Certification is
granted to one
association only with respect to a group of employees under one
employer or
at a firm, branch, or department coming under this employer.23
Multi-
employer certification is therefore prohibited. Moreover, only
one collective
agreement governs the conditions of employment for this group
of
employees.24
In this era of trade globalization and internationalization, in
which
transnational firms have become major players,25 the labor

relations system
that has been established in the NHL presents a very interesting
model of
transnational union representation and collective bargaining.
This Article aims
to sketch only a broad outline of the main characteristics of this
system, which
16. §§ 21, 47.2, 141.
17. § 53.
18. §§ 62, 67.
19. §§ 106, 107.
20. §§ 100, 101.
21. Act Respecting Labour Standards, ch. II.
22. PIERRE VERGE & SOPHIE DUFOUR, CONFIGURATION
DIVERSIFIÉE DE L’ENTREPRISE ET
DROIT DU TRAVAIL 107 (2003).
23. Quebec Labour Code § 21.
24. § 67.
25. BOB HEPPLE, LABOR LAWS AND GLOBAL TRADE 6
(2005).
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has made it possible to go beyond the inherent territoriality of
labor law,
whether state-based or conventional, and the inherent
limitations of its
effectiveness. Moreover, this system indisputably has
transnational and multi-
employer normative import. Lastly, the binding effect and
enforceability of its
rules are ensured by an arbitration mechanism binding the
parties.
In addition, in regards to the theory of labor law, the system
described
here involves many pertinent aspects worth reflecting upon.
The system is,
first and foremost, a private initiative and is strictly contractual
in nature. It is
essentially based on mutual will, as was typically the case, and
will be seen as
this Article examines the era that preceded its adoption, starting
in 1944, of the
laws that introduced collective labor relations systems in

Canada. Thus, it fits
neatly into a “collective autonomy” approach,26 at least in the
sense intended
by the first major labor law theorists; that is, first, a group of
workers
demanding better working conditions from their employer, and
then, to legal
standards governing labor that are applicable to a given
community, such as a
factory, plant, firm, or industry developed through “collective
bargaining” and
set out in a “collective agreement” that then becomes “law” for
the parties
concerned.27 However, it is also possible to see in this system
an example of
“legal pluralism:”28 having been constructed, developed, and
sanctioned
independently from the state, its norms and their effective
implementation are
situated, definitively and almost exclusively, outside of state-
based labor
laws.29
That said, this system involves two levels of negotiation.
Collective labor
relations take place at the sectoral level. The collective
negotiation of working
conditions is definitely centralized, since it involves
representatives of all the
parties concerned, that is, the team owners and NHL directors,
as well as all of
the hockey players employed by any of these teams. The CBA,
signed in 2005
as a result of this process, standardizes some working
conditions for players

26. PIERRE VERGE & GUYLAINE VALLEE, UN DROIT DU
TRAVAIL? ESSAI SUR LA SPÉCIFICITÉ DU
DROIT DU TRAVAIL 25-30 (1997).
27. Hugo Sinzheimer, La théorie des sources et le droit ouvrier,
LE PROBLÈME DES SOURCES EN
DROIT POSITIF, 1934, at 73; see generally GEORGES
GURVITH, LE TEMPS PRÉSENT ET L’IDÉE DE
DROIT SOCIAL (1931); “Pensées allemande et européenne.”
Ulrich Zachert, La légitimité des
rapports juridiques de travail. À propos de la conception de la
légitimité chez Max Weber et Hugo
Sinzheimer, LA LÉGITIMITÉ DE L’ÊTAT ET DU DROIT.
AUTOUR DE MAX WEBER 306 (Michel Coutu &
Guy Rocher eds., 2005).
28. Guylaine Valée, Le droit du travail comme lieu de
pluralisme juridique, in CÉLINE SAINT-
PIERRE & JEAN-PHILIPPE WARREN, SOCIOLOGIE ET
SOCIÉTÉ QUÉBÉCOISE: PRÉSENCES DE GUY
ROCHER 241 (Céline Saint-Pierre & Jean-Philippe Warren eds.,
2006).
29. Id.; see generally Harry Arthurs, Labor Law Without the
State?, 46 U. TORONTO L.J. 1
(1996).
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across the NHL.30 However, above all, it includes an
innovative mechanism
for determining the salary that each team can pay its players,
that is, a salary
cap.31 This point will be elaborated on further in this Article.
32
As regards individual labor relations, these take place at the
local level,
that is, at the level of the firm. Although, indeed, the CBA
significantly
regulates the negotiation of the employment contract between
the player and
the team, this negotiation remains decentralized and individual,
taking place
between these two parties alone. If the parties reach a deadlock
and if the

object of the negotiation involves determining the salary to be
paid to the
player, the parties can, under certain circumstances, go to salary
arbitration,
according to a sophisticated procedure that will be analyzed in
detail further
on. The same is true for grievances concerning the
interpretation or
application of the collective agreement or the individual
employment
contract.33
III. COLLECTIVE LABOR RELATIONS IN THE NATIONAL
HOCKEY LEAGUE
The labor relations system that the NHL set up involves a
centralized
multi-employer system for negotiating working conditions
across North
America.34 This collective bargaining process resulted in the
signing of a new
collective agreement in 2005, which was intended, on the one
hand, to
standardize some working conditions across the NHL, and on
the other hand,
to harmonize the salary paid to players by instituting a salary
cap.35
A. Collective Bargaining of Working Conditions: A Centralized
Multi-
Employer Process at the North American Level.
The main area of activity of the NHL involves producing and
marketing
sports competitions engaged in by the NHL’s teams. The
preamble to the

2005 CBA states that the NHL is a “joint venture36 organized
as a not-for-
profit unincorporated association . . . which is recognized as the
sole and
31. Id. at art. 42.
32. The CBA’s innovative mechanism for determining the salary
cap will be generally discussed
infra Part III.
33. Arbitration for both salary disagreements and grievances
will be discussed infra Part IV.
34. The system for negotiating working conditions will be
discussed infra Part IV.A.
35. The salary cap will be discussed infra Part IV.B.
36. A joint venture is “a business undertaking by two or more
persons engaged in a single
defined project. The necessary elements are: (1) an express or
implied agreement; (2) a common
purpose that the group intends to carry out; (3) shared profits
and losses; and (4) each member’s equal
voice in controlling the project.” BLACK’S LAW
DICTIONARY 856 (8th ed. 2004).
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be relocated.42
exclusive bargaining representative of the present and future
Clubs of the
NHL . . . .”37 Thus, the NHL is a common legal entity that the
team owners
created in order to set up a professional hockey league. It is
also, according to
this definition, the exclusive representative of its present and
future teams for
the purposes of collective labor negotiations with the NHLPA,
and as such, it
closely resembles an employers’ association as understood in
Quebec labor
law.38 In this respect, however, it should be pointed out that
each individual
team remains the real employer of its players and that the
ultimate power,
when it comes to negotiating, rests in the hands of the teams.

Lastly, having its head office in New York City, the NHL is
directed and
supervised by a board of governors, made up of one member
from each
team.39 The NHL grants franchises to team owners, bestowing
upon them the
privilege of joining the other teams that make up the League.40
The board of
governors decides to whom a franchise should be granted to and
at what price,
as well as, when the case arises, whether a franchise can be sold
or
relocated.41 The NHL also has the power to withdraw a
franchise from its
owner if he does not respect his contractual obligations, violates
NHL rules, or
is headed for bankruptcy. In this case, the NHL then decides to
whom the
franchise can be sold to and where it can
The NHLPA represents all NHL players.43 Its headquarters are
in
Toronto and, in its present form, the NHLPA dates back to June
1967.44 It all
began with a resolution by player representatives from the six
original teams
who elected a Toronto Maple Leafs player, Bob Pulford, as the
NHLPA’s
president, and appointed Alan Eagleson, an influential player
agent at the time,
as its executive director.41 According to the archives, on
Eagleson’s advice,
37. CBA, supra note 6, at pmbl.
38. “[E]mployers’ association: a group organization of

employers having as its objects the study
and safeguarding of the economic interests of its members, and
particularly assistance in the
negotiation and application of collective agreements.” Quebec
Labour Code § 1(c).
39. National Hockey League, FUNDINGUNIVERSE.COM,
http://www.fundinguniverse.com/
company-histories/National-Hockey-League-Company-
History.html (last visited Oct. 27, 2009).
40. GIL STEIN, POWER PLAYS: AN INSIDE LOOK AT THE
BIG BUSINESS OF THE NATIONAL
HOCKEY LEAGUE 37 (1997).
41. Id.
42. Id.
43. NHL Players Ass’n (NHLPA), About the NHLPA,
NHLPA.COM, http://www.nhlpa.com/
About-Us (last visited Jan. 20, 2008) [hereinafter NHLPA].
44. Id.
41. Boston: Ed Johnston; Chicago: Pierre Pilote; Detroit: Norm
Ullman; Montreal: Bobby
Rousseau and Jean-Claude Tremblay; New York: Rod Gilbert,
Harry Howell and Bob Nevin;
Toronto: Bob Pulford. Heather Engel, History of NHLPA
Executive Directors, SUITE101.COM, Aug.
31, 2009, http://national-hockey-league-
nhl.suite101.com/article/
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Pulford delivered an ultimatum to team owners at a meeting,
declaring that if
they refused to recognize the new NHLPA, the players would
join the
powerful Teamsters Union and seek certification under
Canadian labor laws.45
The owners were obviously against this proposal, but as pointed
out by
one observer, the “notorious Teamsters Union was beginning to
cause some

rumblings with the league, [so] Eagleson seemed to be the
lesser of two
evils.”46 Consequently, the NHLPA was recognized by the
team owners and
thus gained its present status as, to use the words of the CBA
itself, “the sole
and exclusive bargaining representative of the present and
future Players in the
NHL.”47
It is interesting to note that the parties appear to have chosen a
United
States law, the National Labor Relations Act (NLRA),48 to
govern their labor
relations.49 The United States Congress adopted this law in
accordance with
its authority to govern trade between states, as set out in the
United States
Constitution.50 A National Labor Relations Board decision51
established that
the NLRA has jurisdiction over and can be applied to
professional sports
leagues in the United States, including the NHL.52 By
recognizing the
principle of freedom of association,53 the NLRA not only
allows players to
form their own association and negotiate their working
conditions collectively,
but also implicitly, to exercise the right to strike, since it
specifies that they
can engage in other concerted activities for the purpose of
collective
bargaining.54 Moreover, the extraterritorial scope of this law
leaves no doubt
as to its applicability in Canada.

cfm/history_of_nhlpa_executive_directors.
45. NHLPA, supra note 43.
46. James Baillie, An Investigation into the Collective
Bargaining Relationship Between the
NHL and the NHLPA, 1994-2005 17 (August 2005)
(unpublished Master’s thesis, Queen’s
University) (on file with the Industrial Relations Center,
Queen’s University), available at
http://irc.queensu.ca/articles/an-investigation-into-the-
collective-bargaining-relationship-between-the-
nhl-and-the-nhlpa-1994-2005.
47. CBA, supra note 6, at pmbl., art. 2.1. Article 2.1 restates
similar language found in the
Preamble. See generally id. at art. 2.1.
48. National Labor Relations Act, 29 U.S.C. §§ 151-169 (2006).
49. PAUL C. WEILER & GARY R. ROBERTS, SPORTS AND
THE LAW 240 (2d ed. 1998).
50. Id. at 250.
51. See generally American League of Prof’l Baseball Clubs,
180 N.L.R.B. 190 (1969).
53. The NLRA also specifies that “[e]mployees shall have the
right to self-organization, to form,
join, or assist labor organizations, to bargain collectively
through representatives of their own
choosing, and to engage in other concerted activities for the
purpose of collective bargaining or other
mutual aid or protection . . . .” 29 U.S.C. § 157.
54. § 158.

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With respect to extraterritoriality, a situation arose that is worth
looking at
and analyzing here: it occurred in October 2005, during the
lockout that was
ordered by the NHL. At the time it did not appear that the labor
dispute,
which had already led to the cancellation of the 2004-2005
hockey season, was
going to be resolved quickly. The NHL was therefore
considering the

possibility of using replacement players for the 2005-2006
season. Under the
NLRA, it would have been possible, in accordance with a
complex legislative
mechanism, to use replacement workers, or “scabs” in the case
of a deadlock
in negotiations.55 The NHL may, in fact, only have wanted to
put pressure on
the players by reminding them that it could resort to such
action. In any case,
the NHLPA reacted to this threat by turning to Quebec law,
which has
included anti-scab provisions since 1977,56 and applying to be
certified to
represent all players in the Montreal Canadiens hockey club.57
Lawyers for
the Montreal Canadiens and the NHL argued that the parties
concerned—the
NHL and the NHLPA—had been subject to the NLRA for over
forty years,
and that the NLRA had extraterritorial scope, whereas the
Quebec Labor Code
did not.58 This led to the application of the estoppel rule and,
subsequently, of
the doctrine of forum non conveniens pursuant to article 3135
of the Civil
Code of Quebec.59 Consequently, the Commission des
Relations de Travail
(CRT) refused to take jurisdiction over this matter, referring it
instead to the
National Labor Relations Board in the United States, which it
deemed better
suited to rule on this dispute.60 Moreover, it concluded that the
certification
unit requested by the NHLPA was not appropriate, as it should
have included

all NHL players rather than just those of the Montreal
Canadiens hockey
club.61 In the end, the NHLPA, which had wanted to use this
means to
respond to pressure from the NHL, dropped its request for
certification.
During the same labor dispute, the NHLPA applied for
certification to
represent all Vancouver Canucks players under the law relating
to collective
labor relations in British Columbia.62 However, on July 31,
2007, the British
Columbia Labour Relations Board (the “Board”), in an
administrative review,
reversed the June 2006 decision by a labor commissioner who
had concluded
55. § 158.
56. Quebec Labour Code § 109.1.
57. See generally Association des Joueurs de la Ligue Nationale
de Hockey v. Club de Hockey
Canadien Inc., 2005 QCCRT 354.
58. Id.
59. Civil Code of Québec, S.Q., ch. 64 (1991).
60. Association des joueurs de la Ligue nationale de hockey,
2005 QCCRT, at 354.
61. British Columbia Labour Relations Code, R.S.B.C., ch. 244,
§ 22(1) (2009).
62. Orca Bay Hockey Ltd. P’ship and Nat’l Hockey League,
BCLRB, no. B172/2007, ¶ 6 (2007).
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[Vol. 20:1
that the bargaining unit in question was “appropriate” in
accordance with
Section 22(1) of British Columbia’s Labour Relations Code.63
The history of
labor relations between the parties, and the particular nature of
the
professional sports industry and of the collective representation
and bargaining
system that had been set up in the NHL, were listed as the
determining factors
in refusing the requested certification.64

Could this decision, which in a way, grants priority to
“collective
autonomy” at the North American level over collective labor
relations at the
local level, be easily transposed into Quebec law? This could
come up, for
example, if an application for certification on the part of
players from the
Montreal Canadiens was once again brought before the CRT. A
brief analysis
of all the arguments put forward by the parties and laid out in
the two Board
decisions leads us to conclude that a ruling in favor of
certification of these
players under the Quebec Labour Code does not appear likely,
even though
such a possibility cannot be completely ruled out. It is true that
the players
belonging to the Canadiens, the employer under the Quebec
Labour Code,
may …
WEEK 4 AMATEURISM
k 4 Assignment | Amateurism
This week's assignment is a followup to the Week 3 lesson that
included the topic of intercollegiate athletics. Amateurism, as
related to sport, is defined as "one who engages in sport as a
pastime rather than as a profession" (Merriam-Webster, 2019).
However, there is still a gray area in regard to what the
difference is between an amateur and a professional athlete. For
example, for many years professional athletes in the United
States were not allowed to participate in the Olympic Games,
while other athletes around the world were defacto
professionals since they were full-time athletes paid by their

respective countries. That changed in 1986 when rules were
changed in an effort to boost lagging interest in the Olympic
Games. Subsequently, the International Olympic Committee
(IOC) hit the media and financial jackpot with the success of
the U.S. Dream Team in the 1992 Summer Games in Barcelona.
Unfortunately, there is still controversy in regard to the
application of amateurism in college athletics. Athletes at large
Division I institutions generate millions of dollars for the
National Collegiate Athletic Association (NCAA), as well as
NCAA member schools. It could be argued that college athletes
receiving scholarship money are already paid, and are therefore
employees. This was confirmed by the Chicago office of the
National Labor Relations Board (NLRB) when they sided with
Northwestern football players trying to establish a union. This
destroyed the longtime contention of the NCAA that college
athletes were students first, secondarily athletes. The court
ruling stated, "The players spend 50 to 60 hours per week on
their football duties during a one-month training camp prior to
the start of the academic year and an additional 40 to 50 hours
per week on those duties during the three-or four-month football
season. Not only is this more hours than many undisputed full-
time employees work at their jobs, it is also many more hours
than the players spend on their studies.” By the way, football at
Northwestern reportedly generated approximately $235 million
in the ten year period from 2003-2012 (Nocera & Strauss,
2016). Unfortunately, on appeal, the Washington D.C. NLRB
office dismissed the case, claiming it did not have jurisdiction
over state-run colleges and universities. Many are baffled by the
decision, since "national" typically trumps "state."
Interestingly, the case was not dismissed because the NLRB
ruled the players were not employees, but because the impact of
the case would not promote "stability in labor relations"
(Strauss, 2015). The NLRB may have avoided ruling on the
issue of whether athletes are employees due to the number of
stakeholders involved (Bhasin, 2018).
On September 30, 2019, California governor Gavin Newsom

enacted a law that allows college athletes to receive
endorsement deals. This creates a nightmare for the NCAA
since such deals would make college athletes accepting
endorsements ineligible under NCAA rules. The NCAA is
claiming the new law is unconstitutional (Gutierrez & Fenno,
2019). The new law was signed into effect by Governor
Newsom on the LeBron James sports show The Shop:
Uninterrupted ("Gavin Newsom," 2019).
Directions: Week 4 Assignment:
Please review the resources provided in this assignment. Then,
in a 3-4 page essay, please share your position on the amateur
issue in college sports, as well as how you think this complex
issue will play out over the next several years. Try to place
yourself in the position of college athletes, university
presidents, fans, and the NCAA, in order to consider all
stakeholders in your analysis. Finally, please defend your
position with facts and stakeholder theory (for information on
stakeholder theory, please see the link above to the article
authored by Bhasin). Be sure to carefully proof your work, and
follow APA format throughout. Please include a title page that
includes your name and the assignment topic, as well as a
reference page at the end of your essay which includes a
minimum of three (3) scholarly sources. Don't forget that every
source should be correctly cited in the text throughout your
essay.
Submission Instructions: Please upload your Word document
and submit in the Week 4 assignment area. Your file should be
titled "Your Last Name Week 4 Assignment." For example, for
a student with the last name of Smith, the file would be titled:
Smith Week 4 Assignment.docx. Students will automatically
lose 3 points if their assignment is not submitted with the
correct file name.

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