N. Am. Soccer League v. NLRB - 613 F.2d 1379 (5th Cir. 1980)

Rule:

The existence of a joint employer relationship depends on the control which one employer exercises, or potentially exercises, over the labor relations policy of the other.

Facts:

North American Soccer League (“League”) petitioned respondent National Labor Relations Board (“NLRB”) for a representation election. NLRB found the League and its member clubs to be joint employers and directed an election within a bargaining unit comprised of all players in United States member clubs. The players voted for representation and NLRB ordered bargaining. The League refused to bargain and sought review. NLRB cross-applied for enforcement.

Issue:

Was NLRB’s determination that the League and its member clubs are joint employers, and that a collective bargaining unit comprised of all NASL players on clubs based in the United States is appropriate, proper?

Answer:

Yes

Conclusion:

The court affirmed. NLRB’s finding that the League and its member clubs were joint employers was supported by substantial evidence that the League exercised a significant degree of control over the clubs' labor relations. NLRB did not abuse its discretion in designating the bargaining unit, because the member clubs formed an integrated group with common labor problems and centralized control. NLRB did not deny due process to the League by holding hearings in New York because offices and records were located there. New club owners were not denied due process because they had notice of the representation process. NLRB’s refusal to reopen the case was within its discretion. The order was enforced.