DOCSLIB.ORG

The Cap That Doesn't

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Cap That Doesn't PERSPECTIVES THE CAP THAT DOESN’T FIT - WHY SALARY CAPS CANNOT WORK IN FOOTBALL The Cap that Doesn’t Fit - Why Salary Caps Cannot Work in Football By Nick DE MARCO QC1 Lawyer, Blackstone Chambers London – England ➔ Salary cap – Salaries – English Football League (EFL) – Professional Footballers Association (PFA) – Collective Bargaining Agreement (CBA) 2021 has already seen the end of two very short-lived experiments with salary caps in football: one ending mid- season, the other before it even started. The reasons for the collapse of these experiments were different, but there are fundamental common problems with the concept of salary caps in football. The first1 failed experiment was the English Football the income of the lowest income-generating club. Not League’s (EFL) League 1 and League 2 Salary Cap Rules - only did that infringe on competition between each applying to the third and fourth tier of professional club within the leagues, it meant that the gap between league football in England, just below the Premier League League 1 and the Championship would be even greater, and EFL Championship. At the beginning of the 2020- making it very difficult for promoted clubs from 2021 season, the EFL introduced the Salary Cap Rules League 1 to perform in the Championship or for clubs limiting the amount each club could spend on salaries relegated from the Championship to adapt to the caps. to GBP 2.5 million (approx. EUR 2,900,000) per season in League 1 and GBP 1.5 million (approx. EUR 1,750,000) The PFA brought a claim against the EFL for breach of in League 2. Most of the clubs in the leagues had trade union and labour relations law: the Trade Union voted in favour of the controversial new rules, perhaps and Labour Relations (Consolidation) Act 1992, (the understandably given the terrible financial strain they 1992 Act). The EFL, the Premier League, The Football had suffered as a result of the COVID-19 pandemic and Association (The FA) and the PFA had all agreed to its impact on football. a “collective bargaining agreement” as defined by the 1992 Act. The forum for this agreement is the But there were a number of problems with the cap. First Professional Football Negotiating and Consultative and foremost, it had been rushed through by the EFL Committee (PFNCC), a body that meets on a regular with little consideration or consultation: in particular, basis and is comprised of representatives of each of the EFL failed to obtain, or even seek, the agreement the Premier League, EFL, The FA and the PFA. The of the those most affected by the cap, the players. PFNCC agrees to the terms of the mandatory standard The EFL refused to consult with the player’s union, the playing contract between the clubs and players and Professional Footballers Association (PFA), despite various other related matters. Each of the parties to many requests to do so. Second, the caps were set at the PFNCC had agreed that there could be no “major the lowest level in each league, meaning that clubs that changes to the regulations of the Leagues affecting a could afford to spend more money on salaries while Player’s terms and conditions of employment” without still operating within their means were prohibited from “full discussion and agreement in the PFNCC”. The PFA doing so. The effect was to drag wages down to the claimed the imposition of EFL Regulations capping lowest level and drag club spending down to reflect the amount of money a club could pay a player was a major change to a regulation that went to the heart 1 Nick DE MARCO QC, leading Ravi MEHTA also of Blackstone Chambers, and of the terms and conditions of employment between instructed by law firm Mills & Reeve, acted for the PFA in its successful players and clubs. The EFL tried to argue the change challenge to the EFL’s League 1 and League 2 salary cap in 2021. 8 Football Legal PERSPECTIVES THE CAP THAT DOESN’T FIT - WHY SALARY CAPS CANNOT WORK IN FOOTBALL did not affect the terms of employment and there was, Both these failed experiments with salary caps help therefore, no duty to obtain the agreement of the PFA. reveal why they are unfit for football. It’s precisely because they can and do work well in closed leagues Perhaps unsurprisingly, the EFL’s arguments were in North America, where there is collective bargaining robustly dismissed by a very distinguished independent setting the level of the cap, revenue sharing and fairer arbitral tribunal chaired by one of the most senior distribution of income, in addition to being based former employment judges in the land, Sir Patrick ELIAS, within a domestic national economy, that they do not a former Court of Appeal judge and former President fit well with football which is a truly international sport of the Employment Appeals Tribunal, and made up of based on a competitive pyramid system. one of the most senior sports arbitrators in the land (Michael BELOFF QC) as well as the leading expert in There are important legal challenges to salary caps trade union and labour relations law, Lord HENDY. in football. Professional football players have a limited lifetime in which they can earn a living from The independent arbitral panel upheld the PFA’s playing football. Furthermore, they do not have the challenged to the Salary Cap Rules in early February same freedom to move between employer as most 2021 in a very thorough comprehensive Award. employees do: they are subject to a transfer system Unfortunately, the EFL has continued to refuse to which effectively means they can only exit a relatively consent to the publication of the Award, so the wider long fixed-term contract (considering the overall public, and indeed even the clubs and players affected, playing lifetime of a player) if their employing club shall not be able to read the reasons why the EFL’s no longer wants their services or obtains a substantial various arguments failed. But the decision itself was fee to release them. To add a salary cap to this momentous. It led to the immediate scrapping of the arrangement, preventing a player from earning his or salary cap by the EFL in the middle of the season, her potential would involve a serious restraint of trade. one of the first times a legal case has directly led to a major change in football regulation since the landmark It would be almost impossible to BOSMAN case, and perhaps the only time it has done so set salary caps internationally and in the middle of a season. inconceivable that they could be The other failed experiment was that of the ill-fated effectively monitored or enforced European Super League (ESL). Along with many of the other highly controversial proposals of the breakaway European competition law is most likely to be engaged clubs, mainly revolving around an exclusive closed too. The salary cap would constitute an agreement league without promotion or relegation consisting of between undertakings (the clubs formed together the richest clubs in Europe was the idea of a salary in leagues) to apply price-fixing to the costs of cap - limiting clubs to spend no more than 55% of their player services. Lawyers for some of the leagues and income revenues on salaries, agent fees and transfers. federations have been unduly relaxed about their The ESL’s proposed salary cap was entirely to be prospects of defending competition law challenges to expected. The concept of the ESL was to protect the measures like the salary cap (as the EFL’s lawyers were economic interests of the richest clubs in the world in the English Salary Cap case) because of the fact there from the competition. The ESL sought to create a have been a number of unsuccessful competition law “closed shop” for the elite club owners. Once they challenges to financial fair play regulations in football had created their closed shop, it was inevitable they or salary caps in other sports. But they should be more would then want to limit the amount players could concerned when it comes to football salary caps. Many earn and increase the profits club owners could make of those previous challenges fell down on the facts of while, at the same time, trying to make sure no one the case or were not well-argued. So, a salary cap in member of the elite ESL would obtain an advantage by football will be far harder for the regulators to defend spending significantly more on players. The experience than the easy rides they have been given in some of of professional sport in the USA (where many of the the other cases to date. protagonists of the ESL came from) was that closed shops and salary caps went well together. But the That is partly because a salary cap just does not fit in ESL collapsed before it had even begun, such was the football for a number of reasons. combined reaction of all footballing authorities, clubs, fans, the wider public, press and even politicians to the First, football is a truly international sport, unlike some controversial self-serving proposals. of the sports in which salary caps have worked, mainly in North America, such as the competitions run by the National Basketball Association (NBA), National Football Legal 9 PERSPECTIVES THE CAP THAT DOESN’T FIT - WHY SALARY CAPS CANNOT WORK IN FOOTBALL Football League (NFL) and Major League Baseball to sell their services to the highest bidder whilst, at (MLB), or even a sport like a rugby union (where salary the same time, tying them to a contractual system caps exist in the English Premiership and the Top 14 that allows the employing club to trade them for the organised by the French Ligue Nationale de Rugby).
Load more

Recommended publications
  • PPP Loan Forgiveness
    PPP Loan Forgiveness May 8, 2020 withum.com Presen ters Daniel Mayo , JD, LLM James Trubenbach‐Byrne, CPA Principal, National Lead, Federal Manager, Not‐for‐Profit, Tax Policy Government, and Education withum.com 2 Loan Forgiveness • Loan Forgiveness • Includes all eligible expenses paid during the 8‐week period after the loan is made • Eligible expenses: • Payroll costs (up to $100K annualized salary/year/employee, or $15,385 over 8 weeks) • Interest on mortgages incurred before 2/15/2020 • Rent under a lease in force before 2/15/2020 • Utilities for which service began before 2/15/2020 (e.g., electric, gas, water, transportation (e.g., gas), telephone, and internet) . Cannot exceed the principal amount of the loan . No more than 25% of amount forgiven can be for non‐payroll costs . Amount of forgiveness is reduced if there are certain headcount or wage reductions . Amount is tax‐free to the borrower . Borrower will need to document the number of FTEs and pay rates, as well as the use of funds for all purposes . Lender has 60 days to made a decision after it receives a completed application for forgiveness withum.com 3 Payroll C osts Defined . Payroll Costs (paid/incurred during the 8‐week covered period) . Employee . Wages, salary, commissions, or tips (up to cap of $100K/year/person) . Does NOT include payments to independent contractors . Likely includes imputed income for fringe benefits (e.g., housing, tuition, etc.) . Vacation, parental, family, medical, or sick leave . Dismissal or separation payments . Payments for group health care benefits, including insurance premiums . Retirement benefits (e.g., employer 401(k) match) .
    [Show full text]
  • Frequently Asked Questions
    Stimulus Bill Provisions Frequently asked questions On March 27, 2020, the US President enacted the CARES Act (earlier passed by Congress), the third federal legislation passed in response to COVID-19. AIA has shared a detailed memo and hosted a webinar on the provisions impacting firms. Here are some frequently asked questions from AIA members to help you continue to navigate these new policies. Paycheck Protection On April 16, 2020, the PPP ran out of funds. Congress is expected to pass another round of funding later this week (April 23). Program (PPP, aka SBA 7(a)) What should my firm do if we applied but didn’t receive a loan the first time? Check with your lender. If you applied and received SBA approval but no funding, contact them to confirm your status. The lender has 10 days to fund an approved SBA loan. If you applied but did not receive approval, check with your lender to make sure they have all the necessary paperwork now. You will need to submit again when they resume accepting applications. The money is expected to move quickly again, so use this time to your advantage. Can my firm apply this time if we didn’t apply last time? Yes! Act quickly to gather the documents, talk with your bank, and consider evaluating multiple potential qualified lenders. Eligibility What types of organizations are eligible for a PPP? Provided that you employ fewer than 500 people, the following entities are eligible: Any business concern; any small business concern; 501(c)(3) non-profit; 501(c)(19) veterans organization; tribal business concern; sole proprietor, independent contractor; eligible self-employed individual.
    [Show full text]
  • – University of Alaska Fairbanks's Paid Family Leave Initiative
    – University of Alaska Fairbanks’s Paid Family Leave Initiative The new UAF strategic plan calls for a “renewed focus around who we are and what we aspire to be” (Chancellor White, https://uaf.edu/strategic/). For faculty and staff, a renewed focus is on the Paid Family Leave Initiative. The current Paid Family Leave policy for UAF staff and faculty relies on the use of accrued sick or annual leave. This “false” paid family leave is insufficient and will not lead to an increased “attract[ion] the brightest minds” to UAF’s world-class faculty and staff positions. The UAF Faculty Senate’s Committee on the Status of Women has compiled a data driven argument as to why a change to the Paid Family Leave policy at UAF is essential for the new strategic plan. To Solidify our global leadership in Alaska Native and Indigenous programs, we seek to assert ourselves as leaders in Indigenous Programs, by putting core Alaska Native values, such as taking care of one another, honoring women, children, and family into practice in our own institution. To Achieve Tier 1 Research status and share new knowledge, we seek to improve retention and recruitment of faculty which will help more PhD students graduate. To Embrace and grow a culture of respect, diversity, inclusion, and caring, we seek Paid Family Leave to promote respect, diversity, inclusion, and caring by ensuring that no one’s salary is disproportionately affected by unpaid leave and by creating an environment that allows for a healthy life including a career and family. To further recognize that "holistic approaches to well-being of all will lead to improved health outcomes and enhanced resilience, we seek to adopt adequate policies that provide for our UAF community will lead to a stronger, healthier, more resilient institution Figure 1.
    [Show full text]
  • Governance Case Studies
    2A. Governance: Are You a Governance Guru? CAPLAW 2011 National Training Conference Thursday, June 16, 2011 8:30 a.m. - 10 a.m. Minneapolis, MN Ms. Anita Lichtblau, Esq. Ms. Patricia Steiger, CCAP Emeritus Executive Director & General Counsel Management Consultant & CAPLAW Former Executive Director, 178 Tremont Street National Community Action Boston, MA Management Academy 617-357-6915 (main) CAPLAW Vice President [email protected] [email protected] Handouts: 1. Putting Governance Into Practice – Case Studies CAPLAW GOVERNANCE CASE STUDIES PREPARED BY JACK B. SIEGEL, ES Q ., CPA. © Copyright 2008 Community Action Program Legal Services, Inc. CAPLAW Governance Case Studies Introduction There has been a great deal of discussion during the last five years over the role that boards should play in overseeing nonprofits and their activities. Some argue that too many boards are passive, failing to provide adequate oversight over scarce resources. These critics can point to all too many board failures that have resulted in fraud and mismanagement. Others are quick to respond that many boards are filled with volunteers, who want to do right by their nonprofits, but who face time constraints, limited knowledge, and other limitations. Many who serve on boards aren’t even clear as to what their role is. Should they come to the monthly meetings, enjoy the coffee and doughnuts, and serve as cheerleaders? Or, are they supposed to take an active role in managing the nonprofit, possibly coming in on Saturday to clean the office, reconcile the checkbook, or stack cans of food in a warehouse? Many know that they should be asking questions at board meetings, but what questions? Some board members who have taken their roles seriously have asked for training or board orientation.
    [Show full text]
  • PPP - Frequently Asked Questions
    PPP - Frequently Asked Questions • As a Borrower under the Paycheck Protection Program, it is your sole legal responsibility to comply with all laws and regulations applicable to Borrowers under the Small Business Administration Paycheck Protection Program (SBA PPP). • Liberty Bank urges SBA PPP Borrowers to closely review the latest SBA PPP law, regulations and guidelines (Guidelines). The Guidelines can be found on the Small Business Administration and the Department of Treasury websites: www.SBA.gov and www.Treasury.gov. Liberty Bank cautions you that the Guidelines are evolving. The Small Business Administration periodically updates the Guidelines. Some updates modify prior Guidelines, other updates provide further clarification. • Liberty Bank does not provide legal, tax, or accounting advice. Individual facts and circumstances vary from Borrower to Borrower which will impact any answers regarding any interpretation of questions. You should consult with your legal, tax, and accounting advisors to obtain advice regarding your specific situation. Our education materials and communications should be considered in connection with, and are not intended to replace or serve as a substitute for, your close review of the Guidelines, and legal, tax or accounting advice you are urged to obtain from your tax, accounting and legal advisors. • Our communications are summaries or excerpts of the Guidelines, and may contain our opinions or interpretations of the Guidelines. There may be interpretations that are valid that differ from our interpretations and opinions. You are cautioned against placing undue reliance on our views and our educational materials. Index First Draw Second Draw Forgiveness Other General - First Round FAQs First Draw How is the loan amount based on the 2.5 months worth of payroll expenses calculated? (excluding schedule C tax filers)? Applicants will calculate the loan amount by taking the total eligible payroll costs for 2019 or 2020, or last 12 months divided by 12 to identify the average monthly eligible payroll for the calendar year.
    [Show full text]
  • Overview of Cost Sharing & NIH Salary
    Research Administrator Meeting Monday, May 22, 2017 2:00-4:00 Iowa Theater (166), IMU 1. GAO Announcements 2. Fixed Price, Capitation, & Fee For Service • Departmental Invoicing • Change to Monitoring & Closeout 3. Charging Salaries & Wages to Grants/Contracts 4. GOLDrush 5. DSP Announcements 6. Outgoing Subawards 7. Sponsor Updates • Federal • NIH • PCORI • NSF 8. Research Development Office 9. SBIR/STTR Funding May 22, 2017 GAO Announcements Fixed Price, Capitation, & Fee For Service . Departmental Invoicing . Change to Monitoring & Closeout Charging Salaries & Wages to Grants/Contracts GOLDrush DSP Announcements Outgoing Subawards Sponsor Updates . Federal . NIH . PCORI . NSF Research Development Office SBIR/STTR Funding Staff Announcements: Hailey James, hired as Accountant, DHHS Team, January 2017 Joel Baker transferred to Billing Specialist, Billing Team, April 2017 http://gao.fo.uiowa.edu/contact-us FY16 Single Audit WhoKey Administration Application – Roles for Funds 500/510 . New column “Role allows TDR recon?” . Upcoming changes – allow PI Dept Research Admin, Co-I & Co-I Dept Research Admin to assign WhoKey Reviewers Fixed Amount Awards provide a specific level of support without regard to actual costs incurred under the award. The fixed amount is based on appropriate pricing information. Variations include: Fixed Price, based on total amount for work performed Capitation, based on case counts/patient enrollment Fee for Service, based on any other unit price basis GAO is responsible for all invoicing, except for some Capitation awards. Accountability is primarily based on performance. GAO monitoring & closeout review will be minimized: No longer use Universal Closeout Workbook Ask PI/Dept to verify work completed, all applicable expenses have been charged to the account & all reports/deliverables provided to the sponsor .
    [Show full text]
  • Minimum Salaries, Employment Losses and Labor Unions
    Minimum Salaries, Employment Losses and Labor Unions: The Case of Professional Football* Stephen G. Bronars Department of Economics University of Texas at Austin 1 University Station C3100 Austin, TX 78712 [email protected] *Preliminary draft. I am grateful to Gerald Oettinger and participants at the 2005 SOLE Annual Conference for valuable comments and Claudia Hernandez for excellent research assistance. 1 I. Introduction According to a recent survey published in the Journal of Economic Perspectives, the vast majority of graduate students in top economics programs (other than the University of Chicago) disagree with the statement that “a minimum wage increases unemployment among the young and unskilled.” Although a number of studies have demonstrated that youth employment declines when the real minimum wage increases, public opinion may be influenced by the lack of empirical evidence linking minimum wage increases and widespread job destruction. Graduate student opinions may also be reinforced by empirical studies that sometimes find a positive correlation between state minimum wage increases and employment growth, and speculation that monopsony or labor market frictions could account for these positive correlations. The most likely explanation for observed nonnegative correlations between minimum wage changes and employment growth is the endogeneity of changes in the minimum wage. Lawmakers are loath to increase the minimum wage when the labor market is sluggish. Business opposition to an increase in the minimum wage is weakest after the real minimum wage has eroded sufficiently, and labor demand is strong. In other words, we only observe increases in the minimum wage when it causes minimal job destruction. The difficult task of accurately measuring the effects of minimum wage changes, requires an empirical model linking labor market conditions to the political process determining minimum wage legislation.
    [Show full text]
  • Report III (Part 1B)
    International Labour Conference 92nd Session 2004 Report III (Part 1B) General Survey concerning the Employment Policy Convention, 1964 (No. 122), and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169), and aspects relating to the promotion of full, productive and freely chosen employment of the Human Resources Development Convention, 1975 (No. 142), and of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189) Third item on the agenda: Information and reports on the application of Conventions and Recommendations Report of the Committee of Experts on the Application of Conventions and Recommendations (articles 19, 22 and 35 of the Constitution) International Labour Office Geneva Promoting employment Policies, skills, enterprises INTERNATIONAL LABOUR OFFICE GENEVA ISBN 92-2-113034-7 ISSN 0074-6681 First edition 2004 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland.
    [Show full text]
  • NFL Contract Negotiations in the Aftermath of White V. National Football League
    DePaul Journal of Art, Technology & Intellectual Property Law Volume 8 Issue 1 Fall 1997 Article 6 NFL Contract Negotiations in the Aftermath of White v. National Football League Joseph D. Wright Follow this and additional works at: https://via.library.depaul.edu/jatip Recommended Citation Joseph D. Wright, NFL Contract Negotiations in the Aftermath of White v. National Football League, 8 DePaul J. Art, Tech. & Intell. Prop. L. 115 (1997) Available at: https://via.library.depaul.edu/jatip/vol8/iss1/6 This Case Notes and Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Wright: NFL Contract Negotiations in the Aftermath of White v. National F NFL CONTRACT NEGOTIATIONS IN THE AFTERMATH OF WHITE v. NATIONAL FOOTBALL LEAGUE' INTRODUCTION The 1990's has been a decade of labor strife between ownership and players in professional football, basketball and baseball. Television revenues, advertising dollars and licensing agreements now have enormous ramifications as the popularity of professional sports has reached an all-time high worldwide. This rise in popularity in the United States and abroad has brought with it a substantial increase in the amount of money earned by professional sports franchises, and subsequently, the money paid to the professional athletes who play for them. Numerous strikes, lockouts and court battles have been waged as the parties jockey for control of those dollars.
    [Show full text]
  • GUIDELINES on NATIONAL INSTITUTES of HEALTH (NIH) SALARY CAP Revised: 05/13/19
    GUIDELINES ON NATIONAL INSTITUTES OF HEALTH (NIH) SALARY CAP Revised: 05/13/19 Background The "NIH salary cap," as it is commonly referred to, is a statutory limitation imposed by Congress on an individual’s rate of pay directly chargeable to grants, cooperative agreements, and contracts issued by the National Institutes of Health (NIH). The salary cap limits the rate of pay chargeable to NIH awards to a maximum tied to the Federal Executive Pay Scale and the year of the award. The capped rates of pay apply equally to academic year and fiscal year employees. Maximum Rates for FY 2019 FY 2019 NIH Federal Fiscal Year (paid over 12 months) Award Issue Date 10/01/18 - 01/05/19 01/06/19 – 09/30/19 Maximum Annual Salary Rate (AY) $142,200 $144,225 Monthly (1/12) Maximum Pay Rate $11,850 $12,018.75 at 100% Effort (AY) Monthly (1/9) Maximum Pay Rate $15,800 $16,025 at 100% Effort (AY) Maximum NIH Summer $47,400 $48,075 Compensation (AY) Maximum Annual Salary Rate (FY) $189,600 $192,300 Monthly (1/12) Maximum Pay Rate $15,800 $16,025 at 100% Effort (FY) For salary cap summary FY 1990 - present, visit https://grants.nih.gov/grants/policy/salcap_summary.htm Based on Notice Number, NOT-OD-19-099, the Department of Health and Human Services (HHS), including NIH, operates under The Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 (Public Law 115-245), signed into law on September 28, 2018. Please see the NIH website (http://www.nih.gov/) for the most accurate information.
    [Show full text]
  • How Personal Income Taxes Impact NHL Players, Teams and the Salary Cap
    HOME GUEST 0 10 HOME ICE TAX DISADVANTAGE? How personal income taxes impact NHL players, teams and the salary cap Jeff Bowes Research Director Canadian Taxpayers Federation November 2014 The Canadian Taxpayers Federation (CTF) is a federally ABOUT THE incorporated, not-for-profit citizen’s group dedicated to lower taxes, less waste and accountable government. CANADIAN The CTF was founded in Saskatchewan in 1990 when the Association of Saskatchewan Taxpayers and the Resolution TAXPAYERS One Association of Alberta joined forces to create a national taxpayers organization. Today, the CTF has 84,000 FEDERATION supporters nation-wide. The CTF maintains a federal office in Ottawa and regional offices in British Columbia, Alberta, Prairie (SK and MB), Ontario and Atlantic. Regional offices conduct research and advocacy activities specific to their provinces in addition to acting as regional organizers of Canada-wide initiatives. CTF offices field hundreds of media interviews each month, hold press conferences and issue regular news releases, commentaries, online postings and publications to advocate on behalf of CTF supporters. CTF representatives speak at functions, make presentations to government, meet with politicians, and organize petition drives, events and campaigns to mobilize citizens to affect public policy change. Each week CTF offices send out Let’s Talk Taxes commentaries to more than 800 media outlets and personalities across Canada. Any Canadian taxpayer committed to the CTF’s mission is welcome to join at no cost and receive issue and Action Updates. Financial supporters can additionally receive the CTF’s flagship publication,The Taxpayer magazine published four times a year. The CTF is independent of any institutional or partisan affiliations.
    [Show full text]
  • The Unintended Demise of Salary Arbitration in Major League Baseball: How the Law of Unintended Consequences Crippled the Salary Arbitration Remedy—And How to Fix It
    HARVARD JSEL VOLUME 1, NUMBER 1 – SPRING 2010 Hardball Free Agency—The Unintended Demise of Salary Arbitration in Major League Baseball: How the Law of Unintended Consequences Crippled the Salary Arbitration Remedy—and How to Fix It Eldon L. Ham∗ & Jeffrey Malach† TABLE OF CONTENTS I. INTRODUCTION ............................................................................................................64 II. THE DEVELOPMENT OF BASEBALL SALARY ARBITRATION............................66 III. SALARY ARBITRATION IN ITS CURRENT FORM ...................................................75 A. The Process.....................................................................................................................75 B. Admissible Criteria.........................................................................................................76 C. Salary Arbitration in the National Hockey League ........................................................77 IV. BENEFITS OF THE FINAL OFFER ARBITRATION PROCESS...............................78 V. CURRENT PROBLEMS WITH SALARY ARBITRATION...........................................80 A. Failure to Assign Weight to Admissible Criteria Creates Inconsistent and Unpredictable Results ....................................................................................................80 B. Comparing Players with Different Years of Service Time..................................................82 ∗ Eldon L. Ham has taught Sports, Law & Society at Chicago-Kent College of Law for seventeen years. He has published
    [Show full text]