Since 2023, the NFL Players Association (NFLPA) has released annual Team Report Cards in which the union, based on a survey of its player members, grades the 32 NFL clubs on their treatment of families, food, support staff, travel, training facilities, coaches, and ownership. Teams receiving poor grades have expressed their displeasure with the reports. Consequently, the NFL has filed a grievance against the NFLPA arguing that the Report Cards violate a provision of the collective bargaining agreement (CBA) in which the parties agreed to try to “curtail… criticism” of each other. Such a provision is questionable under the National Labor Relations Act (NLRA).
The NLRA’s Statutory Protections
The NLRA is a 1935 New Deal-era law intended to provide protections to employees while stabilizing labor relations in support of the country’s economic recovery from the Great Depression. At its core, the NLRA enables private sector employees to unionize and requires employees and employers to bargain in good faith concerning employee “wages, hours, and other terms and conditions of employment.”
In addition, under Section 7 of the NLRA, employees have the right “to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” The Supreme Court has interpreted this provision as a broad right of employees to communicate freely with each other about workplace issues and to share information relevant to their employment conditions. The...
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