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Arbitration – Collective Bargaining Agreement

By: Derek Hawkins//September 26, 2016//

Arbitration – Collective Bargaining Agreement

By: Derek Hawkins//September 26, 2016//

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7th Circuit Court of Appeals

Case Name: United States Soccer Federation, Inc. v. United States National Soccer Team Players Association

Case No.: 15-3402

Officials: MANION and KANNE, Circuit Judges and PEPPER, District Judge

Focus: Arbitration – Collective Bargaining Agreement

The present case kicked off in 2013, when the Players Association disapproved the US Soccer Federation’s proposed tequila poster advertisement, which contained player images. Counterattacking, the US Soccer Federation issued a notice, declaring that the CBA/UPA does not require Players Association approval for use of player likenesses for six or more players in print creative advertisements by sponsors, based on the express terms of the agreement. Crying foul, the Players Association filed a grievance and demanded arbitration, arguing that the CBA/UPA does require this, based on the past practice of the parties. The arbitrator issued an award in favor of the Players Association. The district court confirmed the arbitrator’s award and granted summary judgment for the Players Association. The US Soccer Federation appealed. We reverse.

Reversed and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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