PM Narendra Modi TO INTERACT WITH FARMERS TODAY, TOP MINISTERS TO CAMP ACROSS COUNTRY - The Daily Guardian
Connect with us

Uncategorized

PM MODI TO INTERACT WITH FARMERS TODAY, TOP MINISTERS TO CAMP ACROSS COUNTRY

When the Prime Minister will release Rs 18,000 crore to over 9 crore farmers, several Central ministers, MPs, MLAs and BJP office bearers will be present among the electorate to further push the government’s viewpoint.

Published

on

PM Modi on Covid 19

New Delhi: Prime Minister Narendra Modi and his ministers are leaving no stone unturned to reach out to farmers across the country with a message that the new farm laws are only meant to benefit them. Keeping this in mind, PM Modi will interact with farmers from six states on the birth anniversary of former Prime Minister Atal Bihari Vajpayee on Friday, and as he would be interacting with them, several Central ministers, MPs, MLAs and BJP office bearers will be present among the electorate to further push the government’s viewpoint.

During the event on Friday, the Prime Minister will release Rs 18,000 crore as next instalment under the Pradhan Mantri Kisan Samman Nidhi scheme to over 9 crore farmers. He will enable the transfer of the amount through the push of a button.

Sources said several Union ministers will be in their constituencies or in other parts of the country.

Union Home minister Amit Shah and Union Defence Minister Rajnath Singh will listen to PM Modi’s speech in Delhi.

Union Minister for Road Transport and Highways Nitin Gadkari will listen to the PM’s interaction with farmers in Assam’s Silchar, while Union Minister of Consumer Affairs, Food and Public Distribution Piyush Goyal will be in Hapur, Uttar Pradesh.

Union Textiles Minister Smriti Irani will be in her constituency Amethi while Union Minister for Petroleum, Natural Gas and Steel Dharmendra Pradhan will be in Jagatsinghpur in Odisha.

Union Jal Shakti Minister Gajendra Singh Shekhawat is expected to be in Jaisalmer whereas Law minister Ravi Shankar Prasad will listen to the programme from Patna. Union Minister General (Retd) V.K. Singh will be in Ghaziabad, his parliamentary constituency.

Meanwhile, as the farmers’ agitation entered the 29th day on Thursday against the three contentious farm laws, the Central government again invited the farmer leaders to resume talks, saying it is “ready for a logical solution” to all issues raised by the farmers.

Taking cognisance of Wednesday’s letter sent by a group of 40 farm leaders under the banner of Sanyukta Kisan Morcha who are representing thousands of agitating farmers sitting on demonstration at Delhi’s different borders, the government conveyed its message through an official letter inviting them to hold a fresh round of talks as per their time and schedule.

“The Indian government again reiterates its commitment that it is ready for the logical solution of all the issues raised by the farmers’ organisations,” said the letter accessed by IANS.

Citing the government’s stand communicated through its earlier letter sent to the farmers on December 20, the fresh communique mentioned that “it is already informed that the government is ready to hold discussions with the farmers on a positive note to address their written as well as oral issues”.

In the latest letter, the government clarified that it is always ready to hold discussions with all farmer organisations as it is the responsibility of the Centre which cannot be ignored. “The government has held various rounds of discussions with the farmer organisations in the past and it has also showed its initiative to hold further talks.”

Reiterating that the government is ready to discuss all aspects and objections raised by the farmers, the government clarified that “there is no impact of the three farm laws on the purchase mechanism of Minimum Support Price (MSP) and it is informed in all rounds of talks with the farmers”.

The government also made it clear in its letter that “it is totally illogical to come up with new demands which are out of the purview of these three laws but the government is ready to discuss on these issues”.

The government again appealed to the farmers to end their protest and begin talks with the government. “The government will discuss on all the issues and objections raised by the farmers. Please provide a detailed list of your issues. The talks will be held in Vigyan Bhavan as per the specific time decided by the farmers,” the letter mentions.

There have been a total of five rounds of talks between the government and the farmers to resolve the issues raised by the protesting farmers who are seeking withdrawal of the three farm laws which were enacted in September during the monsoon session of Parliament.

WITH AGENCY INPUTS

The Daily Guardian is now on Telegram. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines.

For the latest news Download The Daily Guardian App.

News

Delhi moving towards ‘unlock’; infection rate less than 5%

Pulkit Nagar

Published

on

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

Continue Reading

Uncategorized

India misjudged the pandemic: Dr Fauci tells US Senators

Published

on

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.

Continue Reading

Uncategorized

MAKERS OF ‘SARDAR KA GRANDSON’ DROP ITS FIRST SONG ‘JEE NI KARDA’

Published

on

Rakul Preet Singh

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.

Continue Reading

Uncategorized

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.

Published

on

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.

Continue Reading

Uncategorized

COLLECTIVE BARGAININIG IN SPORTS: LEGAL REGULATIONS AND CHALLENGES

Published

on

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.

b) Europe

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.

CONCLUSION

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.

Continue Reading

Uncategorized

MBBS STUDENT TESTED COVID POSITIVE AFTER GETTING SECOND DOSE

Shalini Bhardwaj

Published

on

A final-year MBBS student from Sion hospital in Mumbai tested positive for coronavirus after he took a second dose of the vaccine a few days ago. Doctors said that even after taking both doses it takes several days for immunity to build.

The 21-year-old received the second dose of Covishield vaccine last week. After the dose he developed mild symptoms of the viral infection and when underwent for the test he was found positive. He was admitted in the hospital and other students who stay with him in the hostel have been quarantined.

According to doctors, it depends on the immune response. “Not everyone who gets vaccinated will develop an immune response in a set time frame.” Dr Mohan Joshi, dean at Sion Hospital, said: “We have come across some cases where health workers got infected after the vaccination. That is because they got infected before the body could generate the immunity. Even after getting vaccinated we are advising staff to follow all Covid-19 safety protocols.”

Continue Reading

Trending