NewsX recenty held a special telecast on Holistic Wellness Week 2.0- Food & Nutrition, in association with US Soybean Export Council (USSEC) and poultry protein. The discussion revolved around some very important and relevant topics such as healthy protein rich diet and importance of nutrition in daily life, in the light of the existing health crisis. A Group of special people joined the session to lend valuable insights into what should be eaten and what should be avoided in the pandemic times.
The panel of speakers included Chef Aditi Madan, Chef Ajay Chopra, wellness expert Mitushi Ajmera, food influencer Yashvi Agarwal and actor Himani Shivpuri. The session was aimed at understanding the importance of poultry protein, healthy eating and nutrition in daily life. It shed light on how much protein needs to be incorporated in diet, various protein sources like poultry, egg, fish, etc. and different approaches and ways of incorporating protein in diet.
Chef Ajay commenced by talking about importance of nutrition in these times of pandemic, “Food has always been considered as a source of wellness. In our busy life, we have started taking food just as a value to fill our stomach. We give little attention to nutrition but pandemic time has pushed us to think more about the wholeness, wellness and nutrition which comes along the kind of food we intake. It is important to understand that whatever we intake should help our body and not just satisfy our taste buds.”
Commenting on how pandemic has changed the way people see health now and have become more health conscious, Aditi said, “Covid is affecting the immunity hence immunity building food has become a trend setter and latest healthy diet approach. Now people are more aware about healthy foods and corporate marketing has also been on similar lines.”
Himani speaking on immunity as buzz word in the pandemic said, “I think immunity building is the factor of the food. The only way to survive in this pandemic is to build our immunity by exercising and in taking healthy food. Protein has to be part of diet.”
Protein, poultry and eggs are building blocks of not only muscles but whole body. But many are unaware about this. Mitushi talking on how to bring about awareness on this expressed, “Talking more about it and telling that protein is required for every cell building in body. Every person contacted with Covid experiences a great muscle loss, which tells us how important muscles are and sadly they can be built only by proteins. I recommend poultry more than vegetarian protein is because of its higher biological value. Biological value means how much of protein you have taken is absorbed by your body for biological protein functions.”
When asked about how do we incorporate poultry into our regular diet system Yashvi said, “From all my readings, I got to know that around protein grams that should same as your weight in kilograms to be incorporated in diet for faster covid recovery. 1/4th of our meal should be protein. Chicken, tofu and sprouts are good sources of protein.”
Chef Ajay added that it is proven that children, athletes and people who are fed more proteins have both dense muscles and bones, thus protein rich diet is a more holistic approach. Aditi shared some tips on how to incorporate more poultry into children’s diet.”Parents should first identify and choose protein rich diet. I would suggest children to eat more fish, lentils, cheese, etc.” Himani told her favorite poultry dish to audience “I love chicken biryani and fry chicken.”
Vidushi spoke more on fitness goals in kitchen, she said “We need to see individual protein requirements. I would say exercising is must but certainly what you eat makes a difference. It is a combination of both proper diet and regular exercise that makes a person fit.” Last reaction was taken from Yashvi on consuming trends about poultry and protein. She said “I have personally increased my protein intake. Being active on Social media, I have observed that over last few months people have started posting more of easy recipes to prepare protein rich hummus.”
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“Health is wealth”: Holistic wellness Week 2.0- Nutrition & Wellness
NewsX conducted a special series, Holistic Wellness Week 2.0- Food & Nutrition, association with US Soybean Export Council (USSEC) and Poultry Dhaba. The discussion revolved around some very important and relevant topic such as holistic health and importance of nutrition in daily life in light of the existing health crisis. A Group of special people joined the session to lend valuable insights on the topic.
The panel of speakers included chief dietician at max hospital Dr Ritika Samaddar, therapeutic nutritionist Saket Tahira Kochhar, and health and transformation coach Yash Vardhan Swami, actor Hasleen Kaur. The session tried to understand the importance of holistic health, healthy eating and role of good nutrition in health maintenance. It shed light on how much protein needs to be incorporated in diet, various protein sources like poultry, egg, fish, etc. and different approaches and ways of incorporating protein in diet.
Ritika commenced the session by explaining the importance of holistic health in current pandemic situation. She said, “When we talk about holistic health there are a lot of other things which are equally important apart from diet. Like reduce stress, active lifestyle, exercise and the type of exercise one is doing, amount of junk intake and process food one is having. All have impact on immunity. To have good immunity it is important to concentrate on holistic health.”
Talking on the role of good nutrition in maintaining one’s health, Tahira said, “It has the most important rule. Like you have heard you are what you eat. So I think tapping into every food group in right quantity. Not segregating one from the other. You could be eating right taking all your supplements and medicines. But if you are not sleeping well, sticking to the right timing, stressing, etc. So you can’t segregate one from the other now.”
On being asked if people are concentrating more on one’s health amenity and lifestyle balance due to the pandemic Hasleen responded, “Yes! This is the need of the hour. We need to consider our lifestyle choices. We need to see what we are feeding ourselves. You should have a complete plate with micros and macros. Macros are your protein, carbs and fibres. The portion sizes in side of plate to be divided into three. You have to very conscious about what you are feeding your body because if the body is well feed it will be able to find anything and everything. We will see it by skin hair and nails. The way body is reacting to diseases. Everything goes back to food it is best medicine we have. We shouldn’t be popping pills but we should be popping more food inside us.”
Commenting on need to create more awareness about staying healthy in these situations Yash said, “Holistic is necessary for everyone but now is the time we are actually talking about this. We could not go out so we focused going inside. We are taking care of stress, sleep, nutrition and also finding out ways and being creative to workout inside trying to burn calories. Nutrition is everything and Tahira said “you are what you eat “but also you are what you digest, excrete and don’t eat.”
Yash added on the importance of protein in one’s every day is life and its ideal intake, he said, “Protein is a nutrient. There are certain amino acids which our body does not create we need them from that. It’s not for only building muscles but also for your immunity, optimal organ function but even your neurotransmitters action which dictate your brain health. So protein is very necessary and if we don’t have enough protein in our diet it may mess our immunity and protein are also full of micronutrients. Example is zinc.”
Speaking on the natural ways to get protein into our system through chicken, egg, soya instead of quick fix like shakes and supplements Hasleen said, “There is no replacement for actual food. What comes from food cannot be provided by powder and pills. You need to include chicken, fish, eggs and dairy products and if you are vegetarian you should load upon dairy products. I am vegetarian I eat egg sometimes but I load upon the dairy products. I have been brought up by taking milk, curd, cottage cheese that’s full of protein. Our body needs about 0.8 gram of protein as per everybody weight. According to my weight I need 48 g of protein every day. I have to eat egg white every morning to kick-start every cell in my body.”
Explaining why people in India tends to protein deficient Tahira said, “There is a myth if you too much of protein you will bulk up that is the myth need to burst up. Protein is essential for organ function. When anyone gets into the plan should get blood levels done. Intake of supplements and these things are so much done that if people don’t require lot of people are overdosing themselves which itself has adverse effect. Wherever you are lacking you need to take those supplements. But there is nothing like natural supplementation. It’s different for everyone like male-female kid-adult. So for a sedentary man it’s it be like 55 g but for a sedentary woman it would be like 45 g. But it differ a lot on activity level.”
Ritika told about ill effect of deficiency of protein, she said, “Each and every cell of our body has protein like nail, hair, skin. This is one of the macronutrient which is needed in good amount. 90% of the people don’t even aware of the requirement of protein. 70% to 75% do not meet their daily protein requirement. Main deficiency would be like losing a small amount of hair feeling little tired etc. But protein deficiency could actually lead to liver diseases like fatty liver. In post-pandemic recovery phase protein is most important. Even after recovery for 4 to 6 weeks your diet is very important. One of the most important nutrients there is the protein. For the general population it’s 8 to 1 g per body weight. But for the critical I’ll or people in the post recovery phase we actually go up to 1 to 1.2g which is a good amount of protein. And that is where we differentiate between A class protein and B class protein and difference between non-veg, egg, chicken and lentils come into the play.” Tahira added that protein is there in every food like doctor like lentil, those are the dense sources for sure, according to her.
Breaking the myth that going heavy on proteins one looks like bodybuilder Hasleen said, “This is one question which I ask my trainer when I started it in my life. That I don’t want to look like bodybuilder I need to look lean for my profession. He laughed and said you are completely crazy. This is what Indian mind-set is. If you load up on protein you will look like bodybuilder. But when I started taking protein my body get immune. So when you take protein you skin look better your nails look better your hairs look better. You can see it on external side of the body. So you can think what it would be doing inside the body. It appears it heals it do much more than just adding bulk.”
Additionally Yash clarified, “First thing bodybuilder have more protein is not the reason they look bodybuilder. From hormones when we talk about female physiology they don’t have enough androgen in the body so they cannot gain lot of muscle. Getting bird up is not only about protein but also about carbs fats total amount of calories in surplus. If someone is fat and want to lose weight protein will not affect it. If someone has low calories so I would like him to have more protein for recovery purpose.”
Speaking on the importance of balanced diet and ways to maintain with good nutrition Ritika said, “Dairy, chicken, egg Earth the complete protein. They have all the essential amino acids. It also depends upon quality of protein. So we talked about egg and chicken its 100% absorbed in a body. If protein comes from food so it’s a complete food. Which we don’t get from supplements. For example hold essential amino acids and its rich in tryptophan. Zinc choline b12 they are required in small quantity but are very essential for our body. A balance diet should give us all kind of nutrients which make our plate complete. Half of plate should be fruit and vegetable one fourth has to be protein limit your carbohydrates. Show the plate has micro as well as macro nutrients. This kind of food is called balanced diet.” Speaking on same lines of incorporating all the ideal nutrients Tahira said “This is important not to eliminate any food group. There is also protein sparing effect. When you are having very less or no other food group. The protein is doing the purpose of other food groups so purpose is defeated if you not put other food groups together. It’s important to have everything in right quantity for a balanced diet.”
Addressing a pertinent question of how to stay immune to avoid the virus these days Yash responded, “First open body composition too much fat can cause low grade inflammation which is not good for our body health. Exercise regularly. Take care of nutrients b vitamins zinc magnesium and selenium. Enough amount of sunlight. Last but not the least gets enough amount of sleep.” Hasleen requested not follow fad diets, “Please eat what you have always eaten what your ancestors were eating because your body is habitual to digest that kind of food. So please do not eliminate complete food group from your food. Everything matters sleep, food and fitness.” Tahira added “You can’t segregate one thing from another now. Not eliminating any food group from your food. Now I realise health is wealth.” Ritika concluded the conversation by giving five points of diet, exercise, good sleep, reduce stress and vaccination. “In our diet gut health is very important because we know 70% of our immune cells are in gut. So a healthy gut means stronger immunity.”
Delhi moving towards ‘unlock’; infection rate less than 5%
With rapidly decreasing cases of Covid-19 cases, Delhi is slowly moving towards the ‘unlock’ process, sources told The Sunday Guardian.
In the last 24 hours, 3,009 new cases of Covid-19 have been reported in Delhi, the lowest number of fresh cases since 1 April this year when the number of single-day cases was recorded at 2,790. During this time, 252 people have also died. At the same time, Delhi’s infection rate has also come down to 4.76 percent.
With dip in numbers, Delhi has reached the graph as it was one and a half month ago, when the outbreak of the second wave of Covid had not reached the city. In Delhi, on 1 April, there were 2,790 new cases reported in 24 hours and there are 3,009 on 21 May. In Delhi, the infection rate was 4.64 percent on 4 April and 4.76 percent on 21
India misjudged the pandemic: Dr Fauci tells US Senators
America’s top infectious disease expert Dr Anthony Fauci told the US senators that India made the “incorrect assumption” that it was finished with the Covid-19 pandemic and opened up prematurely that in turn has left the country in such “dire straits”
India has been severely affected by the overwhelming second wave of the pandemic and hospitals in numerous states are fraught with the shortage of health workers, vaccines, oxygen, and myriad other medical amenities.
“The reason that India is in such dire straits now is that they had an original surge and made the incorrect assumption that they were finished with it, and what happened, they opened up prematurely and wind up having a surge right now that we’re all very well aware of is extremely devastating,” Fauci told the US Senate Health, Education, Labour and Pensions Committee during a hearing on Tuesday on the Covid-19 Response.
Senator Patty Murray, chairing the hearing, said that the surge of Covid-19 that is testing India is a painful reminder really that the US couldn’t end the pandemic here until it ends it everywhere.
“I’m glad the Biden administration is leading that global fight by rejoining the World Health Organization and funding global vaccine efforts and committing to donate 60 million AstraZeneca vaccines to other countries by July 4,” she said.
“India’s outbreak underscores the need for a robust public health infrastructure in the US to respond appropriately to this pandemic and future outbreaks, as well,” Murray said as she asked Dr. Fauci what the US can learn from India’s outbreak.
“One of the important things is don’t ever underestimate the situation,” Fauci said as he referred to India’s incorrect assumption and premature opening up.
“The second thing is preparedness with regard to public health, preparedness, which we, as a lesson learned for future pandemics, have to realise that we need to continue to build up our local public health infrastructure.” he added.
MAKERS OF ‘SARDAR KA GRANDSON’ DROP ITS FIRST SONG ‘JEE NI KARDA’
NEW DELHI: After piquing the interest of fans with the intriguing trailer of Arjun Kapoor and Rakul Preet Singh starrer ‘Sardar ka Grandson’, the makers of the upcoming movie dropped the first song ‘Jee Ni Karda’ on Sunday. Rakul took to her Instagram handle and shared the song along with the caption, “If you want to go balle balle, this is the chance! #JeeNiKarda Song out now!”
The song opens with rhythmic beats of a ‘dhol’ and the scene then changes to visuals where the lead pair is captured grooving on to the Punjabi party number at a marriage. While Rakul looked ravishing in a red and golden Anarkali suit, Arjun too looked dashing as always in a red and golden Indo-western. The song is a recreation of the 2012 track ‘Dhoor’ by Manak-E. Music composer Tanishk Bagchi has kept the soul of the song intact. He has seemingly added just a little more ‘dhol’ to it to make it suitable for the setting of a perfect Punjabi wedding. The new version has been sung by Jass Manak, Manak-E and Nikhita Gandhi.
Batting depth, Hardik’s bowling give India an advantage in decider
Suryakumar Yadav, who was brought back into the playing XI after being dropped in the third T20I, played a match-winning knock to plot India’s comeback before Hardik Pandya, Rahul Chahar and Shardul Thakur pulverised English batsmen.
Down 2-1, Team India made a remarkable comeback in the T20I series against England as the hosts registered a thrilling eight-run win in the fourth T20I on Thursday. And with the series level 2-2, the hosts will look to hit top gear when they take the field in the decider on Saturday.
Suryakumar Yadav, who was brought back into the playing XI after being dropped in the third T20I, played a match-winning knock to plot India’s comeback before Hardik Pandya, Rahul Chahar and Shardul Thakur decimated the English batsmen. But England skipper Eoin Morgan welcomed the loss against India and termed the fourth T20I as an ideal match for preparation for the upcoming T20 World Cup.
“We really want to play in must-win games like this. They’re the closest thing that we get to playing in a World Cup or a Champions Trophy and against a fantastic side like India, it should bode to be a great game,” Morgan told the host broadcaster after the match.
The issue of ‘soft signal’ came under the scanner during the fourth T20I between India and England. During hosts’ innings, two umpiring calls were debatable and it could have gone either way. First, Suryakumar was sent back to the pavilion by Sam Curran. The right-handed batsman tried to play a ramp shot but Dawid Malan ended up taking the catch.
Replays indicated that the ball might have hit the ground when Malan was taking the catch, however, as the soft signal was out, the third umpire stayed with the on-field call citing “lack of conclusive evidence”. Later in the match, all-rounder Washington Sundar was caught at the boundary by Adil Rashid and it seemed that the England spinner might have touched the rope while taking the catch but the on-field call stayed.
India skipper Virat Kohli said he fails to understand why the on-field umpire has to give a soft signal as “out” when the player is himself unsure regarding whether he has taken a catch or not. He went on to demand an “I don’t know” call for the umpires as the debate on soft signal erupted during the fourth T20I.
“I don’t know why there can’t an “I don’t know” call for the umpires. You want these things ironed out to keep the game linear. But we want clarity on the field,” Kohli told host broadcaster Star Sports at the post-match presentation.
AHMEDABAD: International Cricket Council (ICC) on Friday announced that England have been fined 20 per cent of their match fees for maintaining a slow over-rate against India in the fourth T20I in Ahmedabad on Thursday.
Javagal Srinath of the ICC Elite Panel of Match Referees imposed the sanction after Eoin Morgan’s side was ruled to be one over short of the target after time allowances were taken into consideration. In accordance with Article 2.22 of the ICC Code of Conduct for Players and Player Support Personnel, which relates to minimum over-rate offences, players are fined 20 per cent of their match fees for every over their side fails to bowl in the allotted time.
Morgan pleaded guilty to the offence and accepted the proposed sanction, so there was no need for a formal hearing.
On-field umpires KN Ananthapadmanabhan, Nitin Menon, and third umpire Virendar Sharma levelled the charges.
Team India made a remarkable comeback in the T20I series against England as the hosts registered a thrilling eight-run win in the fourth T20I on Thursday.
COLLECTIVE BARGAININIG IN SPORTS: LEGAL REGULATIONS AND CHALLENGES
Perhaps the aforementioned quote by the three-time Olympic gold medalist was meant to highlight the spirit of sports in the bygone time – space passageway. Perhaps the quote was meant to encompass sports before it became an industry and before exploitation of players became a common practice. And, perhaps the quote still prevails in the hearts of sportspersons but has compromised a tad space for commercialization.
Today, statutes across the globe and judiciary for the most part, have time and oft been necessitated to measure activities and fields against money. Similar is the case with sports which have become an industry in itself. There is little scope for an industry to not fall under the ambit of law.
This Article examines the interaction among sports, competition laws and labour laws, especially the collective bargaining process. The authors have relied upon multitudes of specific illustrations from a variety of sports. These illustrations have contributed to the recognition and growth of the subject matter. Furthermore, the authors have highlighted the unique characteristics of sports and the challenges posed by the collective bargaining process vis-à-vis the sports industry.
Nonetheless, the Article also clarifies that several of these challenges can be resolved and that the collective bargaining process, irrespective of the multiple issues surrounding it, can be beneficial to professional sports.
LEGAL STRUCTURE OF SPORTS
When talking about the ‘law as a system of rules,’ Sir John William Salmond wouldn’t have believed that the sporting rules would command a distinct division of law, alias ‘Sports Law’. Astonishingly, today, not only sports law is already an acclaimed and practiced area of law, the convergence of sports and law traces its presence through numerous diverse fields of law. Said fields of law include but are not limited to Contract Law, Labour Laws and Antitrust Laws.
Global socio – legal issues such as drugging, tampering, sledging and illegal use of force have been, more or less, dealt with by the respective governing bodies. However, there exist multitudes of issues which haven’t been deliberated upon and have little to no jurisprudence for guidance or resolution.
One such issue is the issue of collective bargaining in professional sports. Collective bargaining is the practice of discussion between the employer and the employees wherein the employees act as one body, instead of separate entities. Historically, during the course of collective bargaining, remuneration, work-hours and working conditions were mandatorily discussed. But, there was always scope for other matters to be put on the table as per mutual agreement. In contrast, collective bargaining in professional sports encompass negotiation related to issues similar to injuries complaints, payments, medical privileges, retirement etc.
With the settlement of the talk betwixt the employer and the collective voice, a binding contract is formed.
THE USAGE AND NEED OF COLLECTIVE BARGAINING IN SPORTS
The reasons for promotion of unions and collective bargaining in professional sports are as solid as all other trades. Similar to all other fields comprising of employer – employee relationship, imbalances of bargaining power find its presence in the case of professional sports as well.
Comparatively, the benefits of collective bargaining in sports are many: Apart from parity in negotiating authority, better deals for the players and regular conversation betwixt players and governing authority / administration are assured. Additionally, players, especially newcomers get to know their liberties and privileges.
Furthermore, as a whole, these entitlements are better protected with the presence of a collective bargaining agreement (hereinafter “CBA”). Ultimately, due to the presence of CBAs, issues like duration of employment, remuneration, complaint redressal become subject to negotiation and aren’t one-sidedly forced by the owners / employers.
CHALLENGES WITH THE AMALGAMATION OF COLLECTIVE BARGAINING AND SPORTS
1. The parties to collective bargaining
Unlike traditional contractual negotiations, at times, there are more than two parties to the process of collective bargaining in certain sports. For instance, the case of Formula One Motor Racing, the situation is a subject of debate:
The racer signs a binary employment agreement with the ‘team’ (Example: Red Bull Racing). But, multitudes of interdependent agreements are present among the racer, the teams and the International Automobile Federation (“FIA”). Ergo, the aforementioned agreement will be administered by multiple regulations. These regulations find their genesis in the top to down set up from regulating authority to the racer.
Therefore, all Formula One motorists ought to follow the conditions of employment necessitated by the racing team along with the rules of the FIA. Hence, in the authors’ opinion, if the Grand Prix Drivers’ Association aims to undertake collective bargaining on behalf of the Formula One drivers, the employing team as well as the International Automobile Federation will have to present.
Secondly, the racing teams participating in Formula One Motor Racing undergo an analogous contract with the International Automobile Federation. Interestingly, although the association betwixt the teams and the International Automobile Federation is not that of employment in nature, it still has witnessed collectivization of teams through the Formula One Teams’ Association.
Notably, the option of the team and the regulating authority functioning as the ‘joint employer’ has been taken up by the US authorities. The relevant jurisprudence states that the regulating authority (of the sport) along with the team (engaging the player) represented a joint employer. On one hand, the regulating or the governing authority commands authority over issues such as transfer of athletes whereas on the other hand, the team has the authority to alter the provisions of a typical contractual agreement.
In the case Formula One, Formula One Management (“FOM”), which is the commercial rights holder, is prominent too. As per the numerous vertical arrangements signed amongst the bodies, FOM has the authority to modify any racer’s contract without running it past the team or the FIA. The Rugby athletes in South Africa collectively bargain with the regulating authority along with the distinct commercial rights controller. Nonetheless, in the authors’ opinion, getting two different bodies in the capacity of employer is a substantial problem: While the regulating authority will aim to safeguard the sportsmanship and uprightness of the game, a body with commercial motives (specifically), might undermine these fundamental aims.
In the case of F1, the irregularity in the interests due to the presence of four noticeable parties will lead to competition amongst the voices present in the process of collective bargaining. Speculatively, the party with highest financial authority will have its way.
Either way, the problems with accommodating multiple parties in the bargaining process aren’t incurable. Alternatively, it is the authors’ belief that confronting the issues objectively, with the parties retaining equal bargaining power, will only shelter the sport from regulatory exploitation. But, it is pertinent that the connections among the players, teams, regulatory or governing entities etc. are openly and clearly determined and accommodated.
On a different note, the judiciary has shown willingness to determine employment connection betwixt players and regulating or governing authority, despite the nonexistence of appropriate documentation highlighting the same. In Jones v. Welsh, the court stated that an athlete’s registration with the governing entity was sufficient to establish employer – employee relationship.
Scholars have pointed out that the adequate way out with this issue is the formulation of a ‘tripartite agreement’ amongst the 3 parties involved. Thus, in case of Formula One Motor Racing, a tripartite agreement among the Grand Prix Drivers’ Association, the Formula One Teams’ Association and the FIA could solve majority of the aforementioned issues.
2. The issue of superstars
The idea of collective bargaining rests upon adequate compensation of employees, which calls for standardization of remuneration. Interestingly, the first inadequate monetary compensation was the reason behind the formation of the first sports union. The policy of compensating predictably and as per the player’s skills is a minute detail undertaken during the process of collective bargaining.
A cooperative compensation scheme has a visible advantage: The process of collective bargaining can be utilized to guarantee adequate compensation to all, especially the ones with the least bargaining power.
But, the aforesaid shared voice has scope for injustice too. While the rigid nature of collective bargaining agreements puts the vulnerable ones in a better position, simultaneously, it harms the remuneration of the best and the most seasoned players. While the big names are few, their influence on the sport is disproportionate. Additionally, no professional league wishes to lose out on the presence a celebrity of the sport.
Ergo, the best are the worst hit by a compromise on individual flexibility. But, there exist ways for attaining flexibility: Rugby CBAs in New Zealand allow the best and most famous athletes to negotiate greater compensation while promising basic (agreed) salaries to all the players.
The issue, however, with the aforementioned exception is that the whole reasoning of the collective gets dented. Once compensation is made flexible, other subjects of the collective bargaining agreements might just fall in the pit of flexibility. This will hinder the exclusivity aimed by the collective bargaining agreements.
Hence, policy initiatives to encompass remuneration of superstars, while keeping all them satisfied, are necessary. In the author’s opinion, the flexibility to reshuffle individual compensation is a slippery slope but is a positive for the game en masse.
3. The Tussle between Labor Laws and Competition Laws
a) The United States of America
The tussle betwixt competition laws and labour laws is characteristic. While competition laws endorse a lawful clash among competitors, labour laws call for coordination among them.
In the US, post the formulation of the Sherman Antitrust Act, judges treated labour unionization as an unlawful constraint on commerce. Later, the Norris LaGuardia Act and the Clayton Act provided statutory exemption to unions. The federal courts have highlighted that labour unions aren’t schemes against competition and commerce.
However, the process of collective bargaining was still not in convergence with the competition laws. To deal with the loophole, the judiciary fashioned non-statutory exemption.
The courts stated that it was pretty hard to make employers and employees negotiate collectively and prohibit them from indulging in anti – competitive practices. Yet, certain constraints can be placed on competition laws to make sure apt collective bargaining takes place.
The federal judiciary has underlined the need for competition laws to make space for collective bargaining when needed. Ergo, the solving of labour conflicts through collective bargaining was favored over antitrust laws. Notably, it was in 1992 when it was explicitly stated that the aforesaid exemption shields the CBA against competition law issues.
Later, in Powell v. NFL, it was established that the exemption covered the employers’ one-sided execution of the provisions of the CBA, including free agency restriction clauses, after the CBA has terminated. Ergo, once begun, the process of collective bargaining lasts post the termination of the CBA as well.
In Brown v Pro Football, after the expiration of the CBA, the NFL one-sidedly executed their last-best deal. The athletes contested this under antitrust laws. However, the judges stated that the exemption shelters the conditions even after the termination of the CBA.
Logically, Brown v. Pro Football has been treated as the jurisprudential successor to Powell v. NFL. Scholars have argued that continuing with the last, best deal is synonymous to preservation of the status quo. Thereafter, it has been argued that suit under competition laws to contest the application of the last offer will hinder the stability betwixt the players and the governing body.
However, a breakdown of the collective bargaining association ends the exemption. Here, the NFL Players Association disbanded its union and thus, obtained access to competition laws.
Thereafter, the affected athletes brought a competition law suit against the NFL. The disbandment of the union was treated lawful and thus, the collective bargaining association betwixt the league and the union was lost. Therefore, the non – statutory labour exemption was dismissed. Conclusively, it was held that the league’s free agency restriction went against the essence of completion law and the athletes were awarded appropriate damages.
Thereafter, America sports witnessed an all growing tussle betwixt the antitrust laws and the employment laws. The league owners would lock out athletes whereas the athletes would disband union and bring competition law suits against the owners.
Particularly, after the 2010-11 negotiations, the players reached out to the district court claiming that the lockout of players was a manipulative mechanism to force the athletes to settle at a price chosen by the league owners and fall in line with the free agency restraining provisions.
Additionally, the athletes highlighted that unionization bound the players by giving the league owners a loophole to implement exploitative limitations on athletes at their will. Furthermore, an injunction against the lockouts was sought by the athletes as the league had locked out the players.
The NFL owners modelled 3 layered argument: Primarily, the judiciary was not authorized to end the lockouts as per the Norris-LaGuardia Act. In arguendo, the owners explained that the lockout was invulnerable to competition law issues as per the non – statutory exemption. Lastly, it was stated that as per NLRB v. Truck Drivers Union, the concept of defensive lockout was upright because it was in line with labour policy of maintaining pre-achieved balance between the parties.
Resultantly, the court refused to buy into the owners’ reasons and lifted the lockout. The judges stated that labor laws were valid at times when the issue included or generated from a labor dispute. If the members reject the union, strip away its bargaining power and advance separate negotiation offers, then the labor laws of the country will not be applicable.
Drawing from the aforesaid argument, the judges stressed that Norris LaGuardia Act and its provisions regarding restriction on ending lockouts was relevant only to labor law issues. With the disbanding of the player’ union, the case did not qualify as a labor law issue. Additionally, the haphazard usage of the labor laws to undermine the rights of the employees by normalizing anti – competitive practices was shunned. Moreover, the court put emphasis on the fact that the non – statutory labor exemption was not pertinent as the union and the bargaining process did not exist altogether.
Later, the court pointed the age – old rule that the labor rules prevailed over the relative competition policy in specific situations where, inter alia, the exemption revolved around compulsory issues of the negations during the collective bargaining process. As the lockout did not form a part of the compulsory issues, the relevance of the non – statutory exemption was nil.
Afterwards, the 8th circuit overturned the lower court’s judgment. The order of the district court lifting the lockouts was withdrawn. It was stated that no law mandated the presence of a union for the dispute to be regarded as a labor dispute. The court found it convenient on the players’ part to disband the union in order to undertake a competition law dispute.
Secondly, the court clarified that the Norris – LaGuardia Act’s provisions about anti – injunction safeguards were not formulated for the exclusive interest of the workers/unions. Thus, the court opined that the Norris – LaGuardia Act did actually forbid a federal court from giving an injunction banning the employer from executing a lockout against the workers.
Finally, the league and the players decided to resolve the dispute and the athletes restructured the union with the parties entering a new CBA.
The NBA has witnessed very similar disputes but the cases were resolved amicably and the parties entered a new CBA.
In Europe, the most significant characteristics of competition laws related to the subject matter are
1. The ban on practices hindering competition
2. The bar on abuse of dominant market position
The European competition law forbids any kind of agreement among entities that hinders competition unless such agreement encourages commerce, assists the customers and takes the essential restraints into account. However, with regards to abuse of dominant status in the market, no exceptions are available. This provision has 3 primary components:
1. A dominant position in the relevant market
2. Exploitation of the dominant position by the entity
3. Consequence borne by the industry
There is little debate regarding the presence of a dominant position in any particular sport: The regulating or governing authority has monopoly in the market.
Nevertheless, similar to America, CBAs are partly protected against competition laws. In 1999, the court looked into the tussle between Competition Law and Collective Bargaining process. In Albany International, the judiciary held that exemption given to CBAs is valid only if it revolves around the essential elements of the CBA like remuneration/working conditions. The rationale behind the same is that the aforementioned elements do not distress any 3rd entity and do not affect the market. Here, the existence of multiple parties to the bargaining process shows that the CBA might disturb 3rd parties and therefore, not fall in the ambit of the exemption.
For instance, the FOM enters into broadcasting agreements with few agencies. Notably, there exists an exclusive employment interconnection among the FIA, the formula one teams and the FOM. Ergo, rival broadcasting agencies come across an air-tight obstruction when they try to cover the sport. Here, a grievance under Article 102 would be easier to establish due to the dominance enjoyed by the governing or regulating authority.
With regards to the UFC, insurance was a long drawn collective demand by the athletes. In 2011, Zuffa insured all MMA fighters participating in UFC. However, the said insurance policy wasn’t a segment of the CBA. If the insurance arrangement was made through a CBA, then the Albany International would have been applicable because such an arrangement would have hindered competition by stopping rival insuring companies from contracting fighters. However, the UFC could take the stance that the Albany exemption applied to the situation and was an agreement betwixt the employer and employee revolving around basic working conditions.
Additionally, scholars have underlined the need to consider the distinct nature of sports. Ergo, even if the prevalent exemptions are not applied, numerous factors of the sporting industry like coordination among more than 2 parties, societal and scholastic features, the need for indecision vis-à-vis the outcome and the sole authority of the governing / regulating body must be taken into account.
Notably, there should be adequate room in the competition policy to consider, inter alia, societal, historical and financial aspects of the sporting industry as its unique features. However, in order to smoothen the process and make sure that no law is compromised in a biased manner, the authorities have laid down certain tests to administer the application of Competition law to the sports industry.
Ergo, there exists little doubt against the belief that competition laws act as the biggest shackle to the process of collective bargaining in sports. Nonetheless, a distinct approach as highlighted in the case of Meca – Medina, is plausible. As stated before, this method acknowledges the advantages that CBAs could provide to the sport.
Conclusively, the issue of CBAs in sports continues to post moot questions. In the authors’ opinion, CBAs can be altered to be advantageous to professional sports. And, while dealing with application of competition law to sports, a novel method can be adopted wherein the unique characteristics of the industry are taken into account.
It is no news that the amalgamation of rules and statutes governing professional sports and the process of collective bargaining do not even come close to an overlap. Although the benefits of implementing the process of collective bargaining in the sports industry are clear, the ambiguity in law highlights that there still exist moot issues which seek attention.
Captivatingly, the unique nature of sports has made sure that the collective bargaining process locks horns with numerous laws. While the problems generating from the confluence are unique, they can still be worked around.
The presence of more than two parties to the bargaining process is being seen as a needed division of power for the past few years and has become common in many fields. Additionally, the problems with multi party bargaining can be taken care of through tripartite agreement. Additionally, within a collective bargaining agreement, if some flexibility to the bigger stars of sport helps them remain in the game and aids the newcomers and weaker players to attain better deal, then there is little harm to the process. Moreover, antitrust issues are fit enough to determine some common ground with the collective bargaining process: Recent judicial decisions have highlighted the same. Ergo, collective bargaining is bound to remain and mature in the industry of sports.
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