| In today’s National Basketball Association,there are several superstars with sky-high labor contracts,billionaires and international clout that would have been hard to predict when the league was founded.This paper attempts to take labor relations as the research focus,to comprehensively demonstrate and analyze the conflicts and compromises between the players’ union and the league during the evolution of the labor dispute settlement mechanism in the American professional Basketball League,and to summarize and evaluate the connotation of the professional basketball labor dispute settlement mechanism in different periods,to learn useful experience in coordinating labor conflicts.Looking forward to the future development prospect of labor relations of American professional basketball,hoping to enlighten the domestic professional sports cause.This paper is divided into three parts: preface,text,and conclusion.The first chapter,with the origin of basketball as the background,focuses on the analysis of the development of the American basketball league before the establishment of the American Professional Basketball League in 1949.During this period,basketball was increasingly prosperous and widely spread with the innovation of travel methods and media.In the process of its development,basketball was gradually endowed with economic attributes and began to transform into early professionalism,which also laid the foundation for the establishment of the NBA and the emergence of the labor relations of professional basketball in the future.The second chapter analyzes in detail the disputes,compromises,and various ways to coordinate labor relations between labor and management after the establishment of NBA.In order of time development,five major labor conflicts in the history of the American professional basketball League are carried out through it.Through a series of activities for the settlement of labor disputes between the two sides,the three major elements in the settlement mechanism of professional basketball labor disputes are discussed,namely,collective bargaining,anti-monopoly litigation and Congress regulation.This paper first focuses on the difficult living conditions of the players in the early days of the establishment of the NBA,and then leads to the 1964 All-Star Game as an opportunity to strike.Although the power of the players was weak at the beginning of the league,the strike still allowed the players to have an equal opportunity to talk with the management,and initially formed a professional basketball labor dispute settlement mechanism with collective bargaining as the core.Secondly,it focuses on the development dilemma brought by the competition between different leagues in the professional basketball market,and discusses the labor dispute caused by the merger of the professional basketball leagues and the anti-monopoly lawsuit filed by Robertson in 1970.In addition to asking for the improvement of players’ wages and welfare benefits,it also called on the league to cancel the "retention clause",which showed that the union movement is not simply seeking higher wages,but also the desire for a fair working environment,which further enriched the connotation of professional basketball labor dispute settlement mechanism,and created a new stage of protecting the legitimate rights and interests of players through antitrust litigation.In addition,the congressional hearing laid the foundation for the merger of professional basketball leagues during the period of antitrust litigation pending,which was objectively conducive to the alleviation of labor disputes,and provided a new idea for the settlement mechanism of professional basketball labor disputes.Thirdly,starting from the financial crisis of the league in the 1980 s,this paper focuses on the series of measures taken by the management to limit the cost of players and the lockout crisis surrounding these measures.Although the salary cap system introduced in 1983 could not eliminate the differences between labor and management,it still enabled the long-term development of the professional basketball labor dispute settlement mechanism.On the one hand,it can maintain the dynamic balance of revenue and expenditure of the league.On the other hand,it defines the basic principles for the future labor negotiations.It can be said that during this period,the professional basketball labor dispute settlement mechanism has been basically formed.The third chapter focuses on the collective bargaining in 2005 and the third large-scale lockout crisis in 2011,which proves that currently,both labor and capital have been able to skillfully use various ways in the professional basketball labor dispute settlement mechanism to safeguard their own rights and interests,and try to explore a new way of win-win cooperation in the long-term struggle and compromise.It provides the possibility for the professional basketball labor dispute settlement mechanism to mature and the healthy development of labor relations.The conclusion mainly looks forward to the development trend of professional basketball labor relations,and again examines the role of the league,the union,the court,the Congress,and other forces in the formation of professional basketball labor dispute settlement mechanism.It points out that the settlement mechanism of professional basketball labor dispute is the product of historical joint force,and expounds the motivation of the transformation of professional basketball labor relation from struggle compromise to win-win cooperation from the perspective of game theory,and analyzes the moderating and coordinating effect of this mechanism on labor relation.In addition,it broke the stereotype that the trade union movement was all about fighting for legitimate rights and pointed out the fact that the professional basketball union movement was also greedy after a certain period.Finally,it points out that we have learned some lessons from examining the development of labor relations in professional basketball over a long period of time. |
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