06-06-2018, 12:09 PM
(06-06-2018, 11:42 AM)Au165 Wrote: False. The uniform was collective bargained and any changes are spelled out as having a penalty. Creating new working conditions requires collective bargaining and therefor could not be imposed unilaterally.
Not false. Employers have wide latitude under US and state law to prohibit workplace activity. Every potential infraction does not have to be listed for it to be addressed punitively. Quite simply if the owners punished a player for failing to follow league rules then the courts would absolutely uphold it. The CBA absolutely has a clause regarding player conduct and using the NFL to promote your political beliefs is certainly covered by that.
Quote:Side note: there has been discussion that the NFLPA may go after the NFL for the new rule, but they worry they can not win because there is no real punishment to the players. In reality it is the owners punishing the owners if the players violate the rule which would be outside the purview of the NFLPA.
The PA will lose because there is clear and well established precedent in US law that employers can censure the speech of their employees while in the workplace, and sometimes outside of it. If you doubt me then ask yourself why Jamele Hill didn't sue ESPN regarding her suspension over twitter posts.
