Thus, if it is not possible to keep the competitive challenge of all teams within some reasonable parameters, some type of intraleague reserve clause or system may be desirable and in fact necessary.After extensive testimony from experts in football, basketball, and hockey, Judge Cooper concluded that some type of reserve system is desirable and essential for the maintenance of a baseball league.

. [P-69 at 265].157. . 72-1661, 72-1902, 72-1906 and 72-1995, are all corporations organized under the laws of the State or Province indicated immediately following each such defendant, with a place of business as indicated:10. § 17,Initially, the status of the National Hockey League Players' Association (hereinafter referred to as "Players' Association") must be considered to ascertain if it qualifies as a "labor organization" under § 2(5) of the National Labor Relations Act, 29 U.S.C. At the end of July, McKenzie received a telephone call from Don Earle, former broadcaster of Boston Bruins games who invited McKenzie to meet with his "bosses" at Joe's Aquarium restaurant in Boston on the evening of August 2, 1972; McKenzie was led to believe that Earle's "bosses" were in the communications or advertising fields and wished to speak with McKenzie regarding opportunities for him in these areas. Clarence S. Campbell, (hereinafter "Campbell"), defendant in C.A. Through the totality of many interlocking arrangements, including the Joint Affiliation Agreement, the Pro-Amateur Agreement, and Clause 17 in the Standard Player's Contract, the NHL perpetuates a conspiracy and combination with the intent to monopolize and which monopolizes major league professional hockey. In 1970, the NHL admitted two additional teams to its league, Vancouver and Buffalo. 49.]82.
[Exhibit P-8, ¶ 3].65.

The Pro-Amateur Agreement also recites procedures by which a professional player seeking to be reinstated as an amateur must obtain permission of either the club with whom he was affiliated or the Joint Development Committee.

D-129 (Wirtz), pp. Shortly after its formation, the WHA and its member teams established a legal committee and retained special outside counsel in order to prepare for the contemplated antitrust litigation and to draft a complaint against the NHL and its member teams which would challenge, 187. [51] Though the terms "pragmatic factual approach" and "commercial realities" were used in Brown Shoe v. United States, [52] A case study in point might be the woes of the Philadelphia Eagles of the National Football League during the last several years. Bobby Hull is recognized as one of the greatest living hockey players and is widely known throughout Canada and the United States.

.

D-134 (Davidson), pp.

[Exhibit D-1, Campbell Affidavit at ¶ 9.]86. Again, this commercial reality has been recognized by the WHA.As we have noted in Finding 189, presently more than 200 of the 345 players signed to WHA were subject to reserve clauses in the 1971-72 contracts with the NHL, AHL, CHL and WHL.The NHL emphasizes that it has filed only five suits and then only against "superstars".

[Swados Affidavit at pp. Although the issue of the reserve clause has been discussed often, neither party has ever modified its position.

D-2 (Swados), pp. Thank you for your understanding and stay safe.Philly HC will run an outdoor training program for our club and non club players over the autumn outdoor season. At the October 25-27, 1971 semi-annual meeting of the Board of Governors, the Board unanimously approved and ratified a change in the NHL Standard Player's Contract to incorporate the provision for binding arbitration of salary disputes under paragraph 17 already agreed upon through collective bargaining.

[Ex. 72-1906, ¶ 3a.)4.

and agree that ". F (Eagleson), pp. D-131.]190. As found above, the testimony of both the owners and the players indicates that, notwithstanding any time limitation in the arbitration agreement, the reserve clause of the Standard Players' Contract continues to be understood as a perpetual option on the players' services without limitation. During the entire period of time that the WHA and its member clubs have planned to induce and have induced players under contract to NHL 185. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws. 72-1995 is an individual and President of the NHL and maintains a place of business in Montreal, Quebec, Canada. The WHA, on the other hand, held the first meeting of its incorporators on July 1, 1971, and seeks to create a viable major professional hockey league of twelve teams in little more than one year.

Prior to being assigned to the Philadelphia Flyers, as part of the 1972 "Expansion II" intra-league draft, McKenzie was left "unprotected" by the Boston Bruins and therefore exposed to possible draft by either the New York Islanders or Atlanta Flames, the new expansion teams. The first of these meetings was held on August 20th, [1969]." The Inter-League draft is controlled by Section 16 of the By-Laws [Exhibit P-4, § 16], and the Joint Affiliation Agreement [Exhibit P-5, § 19].

McKenzie played hockey for the Boston Bruins in the National Hockey League during the 1971-72 playing season. It is for three years." On July 27, 1972, the Bruins assigned McKenzie's contract to the Flyers. D-134 (Davidson), pp. In Washington Capitol's Basketball Club, Inc. v. Barry, Here, the injunction restraining the NHL from enforcing or attempting to enforce its reserve clause is not a contest involving just one superstar. Though a multi-employer organization will be insulated from unfair labor practice prosecutions only if it acts in good faith and takes only the limited steps necessary to protect itself, see, In providing a special exemption from Sherman Act regulations for labor unions and employers who in good faith negotiated with those unions, Congress attempted to accommodate what frequently were conflicting public policies: the fostering and preservation of competitive business conditions in a free enterprise system on one hand, counterbalanced by a legitimate concern in improving and bettering the working conditions of laborers and the reduction of industrial strife through vigorous union organization and collective bargaining.
D-2 (Swados), ¶ 10, and attached app. [Exhibit P-32, Mulcahy dep.


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