The NFL is breaking the law by siding with Donald Trump and instituting a rule banning players from protesting by kneeling during the National Anthem.
That’s the argument Benjamin Sachs makes in an article for Vox. Here’s some of what he says:
The clearest illegality derives from the fact that the league adopted its new policy without bargaining with the players union. When employees, including football players, are represented by a union, the employer — including a football league — can’t change the terms of employment without discussing the change with the union. Doing so is a flagrant violation of the employer’s duty to bargain in good faith.
If, as the NFL Players Association says, the employer implemented this change on its own, the policy is flatly illegal for that reason and should be rescinded by the league.
But the new policy has other, deeper problems. Just this week, the Supreme Court issued a major decision that clarifies exactly why the players’ anthem protests are protected by our labor laws. In this decision, Epic Systems Corp v. Lewis, the Court concludes that the National Labor Relations Act is, at its core, designed to “protect things employees ‘just do’ for themselves in the course of exercising their right to free association in the workplace.” Put plainly, the Court holds that collective actions engaged in by employees at work are the heart of labor law’s concern.
Some might object that labor law does not protect these protests because they’re about something other than work: They’re about police brutality, or systemic racism, or the president’s view of what patriotism means. Of course, in some sense this is exactly what the protests are about. But in a more direct, literal sense, what the players are protesting is the requirement that they stand during the national anthem. That’s what the protest is: a refusal to stand.
The rest of the article is certainly worth a look. CLICK HERE