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Tuesday, October 25, 2005
NBA Dress Code: Has it Been Collectively Bargained?

Sports Law Blog contributor and Florida Coastal School of Law Sports Law Director Rick Karcher raises an excellent question about the NBA's new dress code: Is it invalid without union consent? For instance, is there a system in place for advice and consent of the National Basketball Players' Association Executive Committee, or a vote among all union members? Interestingly, the only consent we see from the NBPA is President Antonio Davis loosely consenting to the "concept" of a dress code, but as Rick astutely notes in an e-mail:
[Davis] has not consented to exactly what the NBA unilaterally implemented (because Davis said he is only "willing to go so far"). Thus, presumably the association has not entirely consented, and the association could bring an unfair labor charge against the league claiming that a dress code is a mandatory subject and, therefore, must be negotiated with the association and the league can't unilaterally implement it. On the other hand, if the union did in fact consent to the dress code, then this dissident group of players could bring an unfair labor charge against the union claiming that the association members were denied access to information and the right to vote.
These are excellent points, and stay tuned. Allen Iverson may still be able to wear his bling yet (and if so, he should send some of it, or at least its monetary value, to Rick as a thank-you!).

Past coverage: Don't Wear That! David Stern's Paternalism Strikes Again with Dress Code (10/6/2005)


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