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Wednesday, April 6, 2011

Congressional Responses to Selected Work Stoppages in Professional Sports


L. Elaine Halchin, Coordinator
Specialist in American National Government

Justin Murray
Information Research Specialist

Jon O. Shimabukuro
Legislative Attorney

Kathleen Ann Ruane
Legislative Attorney


The National Football League’s (NFL) collective bargaining agreement (CBA) was set to expire in 2012. In May 2008, the owners voted unanimously to terminate the agreement early (i.e., 2011), an option that was available to either party to the CBA. Following their own efforts to negotiate a new CBA, the NFL and the NFL Players Association (NFLPA) participated in mediation provided by the Federal Mediation and Conciliation Service (FCMS). Mediation was unsuccessful, the union dissolved itself, and the NFL imposed a lockout on players.

Given the status of labor-management relations in professional football, a number of questions have been raised. Of particular interest to some observers is how Congress responded in the past to work stoppages in professional sports. In attempting to address this particular question, this report examines congressional responses to the two most recent work stoppages in the NFL, which occurred in 1982 and 1987. This report also examines the 1994 Major League Baseball strike, which also is useful considering the extent of congressional activity surrounding this strike.

Compared to the 1994 baseball strike, the 1982 and 1987 football strikes did not garner much attention from Congress in terms of legislative measures and hearings. Three legislative measures were introduced in response to the 1982 strike; one was introduced in response to the 1987 strike. Members introduced or offered 22 legislative measures and held five hearings that were related to the baseball strike. With one exception (S.Res. 294, 100
th Congress), none of these measures was approved by either house.

Members who introduced, or otherwise supported, legislative measures offered reasons for promoting congressional intervention. Their arguments touched on, for example, the economic impact of work stoppages, the role of baseball’s antitrust exemption in establishing a climate conducive to players’ strikes, previous congressional involvement in professional sports, and a responsibility to ensure the continuity of football (or baseball).

Disagreeing that congressional intervention was warranted, other Members offered several reasons why Congress ought not to intervene. For example, one Member suggested that repealing baseball’s antitrust exemption would alter the balance of power in professional baseball. Other Members believed that more pressing matters deserved Congress’s attention. At least one Member suggested that a particular bill, if enacted, would have the effect of favoring the players over the owners.

A summary of NFL labor-management history may be found in Appendix A. Appendix B provides an overview of key aspects of labor-management relations and sports, and Appendix C includes a discussion of antitrust exemptions applicable to professional sports.



Date of Report: March 24, 2011
Number of Pages: 43
Order Number: R41060
Price: $29.95

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