In addition to mandatory questions, the parties can also discuss all other topics called “receivable topics.” It should be noted, however, that one of the parties involved in the collective bargaining process may legitimately refuse to negotiate frank issues. One of the advantages of a collective bargaining procedure in British football is that the lack of European state regulation has led to the development of the sport industry`s own private standards (lex sportiva), which have allowed sports leagues and sports federations to essentially define their own working relationships, most of which do not involve the formation of trade unions. In addition, sports leagues and sports federations are in a rather monopolistic position, as athletes in a given sports league must accept the conditions of their governing bodies in order to eventually participate in the sport. It should be noted that, throughout Europe, the ownership of the players does not belong to the league, but to the different clubs. To have a clear picture of modern labour negotiations in the sports and non-sports industries, it is important to understand the evolution of the lockout from a defensive maneuver to an offensive tactic designed to give the employer leverage at the negotiating table. The employer`s right to lockout was recognized in the common law prior to the adoption of the NRA. Although the term “lockout” has never been explicitly defined in federal labour laws, The generally accepted definition of a lockout is “cessation of workload for workers in order to obtain more desirable conditions for the employer” (Feldman, 2012, 837-38 (quote Iron Molders` Union No. 125 of Milwaukee, Wisconsin v. Allis-Chalmers Co., 166. F. at 52)). Conversely, a strike is generally defined as “a reduction in work by employees to obtain more desirable conditions for employees” (Feldman, 2012, 838).
(Cite Iron Molders` Union No. 125 of Milwaukee, Wisconsin v. Allis-Chalmers Co., 166 F. at 52)). These weapons “set up a work and management chicken game – a contest to see which side can last the longest before economic pressure forces one of them to enter the negotiating table” (Feldman, 2012, 838). Collective agreements cover a wide range of rights and obligations between management and stakeholders. Although collective agreements may vary from sport to sport, the following issues are generally covered: the NBA-NBPA labour dispute in 2011 was similar, with NBA owners closing players and players, dissolving their union and challenging the prohibition of the owners` agreement (Anthony v. NBA, No. 11-5525 (N.D. Cal. Nov. November 15, 2011)).
However, NBA owners and players settled the dispute and entered into a new collective bargaining agreement before one of the most important legal issues was resolved. Quoting Mackey, Nelson J.A. also stated that “federal labour policy only exceeds the contrary policy of antitrust laws if the agreement were to, among other things, deal with mandatory collective bargaining issues” (1041).