## Facts

- The North American Soccer League (NASL) was a non-profit association of 24 member clubs, including U.S. and Canadian teams.
- The North American Soccer League Players Association (NASLPA) sought to represent players and petitioned for an NLRB representation election among all NASL players.
- The NLRB determined that NASL and its member clubs were joint employers of the players and directed an election in a unit consisting of all players on U.S.-based clubs, excluding Canadian clubs for lack of jurisdiction.
- The representation election resulted in a 271–94 vote in favor of NASLPA.
- NASL and its clubs refused to bargain with NASLPA.
- The NLRB found violations of NLRA §§ 8(a)(1) and 8(a)(5) and issued a bargaining order.
- NASL and its clubs petitioned for review in the Fifth Circuit; the NLRB cross-applied for enforcement.

## Issues

1. Whether substantial evidence supported the NLRB’s determination that NASL and its member clubs were joint employers of the players.
2. Whether a single league-wide unit of all players on U.S.-based NASL clubs was an appropriate bargaining unit under the NLRA.
3. Whether the NLRB’s procedures and form of decision denied petitioners due process.

## Decision

- The Fifth Circuit denied the petition for review and granted the NLRB’s cross-application for enforcement.
- The court held that substantial evidence supported the Board’s joint-employer finding as to NASL and its clubs.
- The court upheld the Board’s determination that a league-wide unit of all players on U.S.-based clubs was appropriate and not clearly inappropriate.
- The court rejected the due process challenge as meritless and enforced the bargaining order in full.

## Legal Principles

- Separate entities may be required to bargain jointly when an association or lead entity exercises sufficient control over the working conditions of another entity’s employees.
- The NLRB has broad discretion to determine appropriate bargaining units; a unit determination is sustained unless it is clearly inappropriate and unsupported by substantial evidence.
- Appellate review of NLRB fact-bound determinations is limited to whether the Board’s conclusions are supported by substantial evidence on the record and whether required procedures were followed.

## Conclusion

The Fifth Circuit enforced the NLRB’s bargaining order, sustaining the findings that NASL and its member clubs jointly employed the players and that a single bargaining unit consisting of all players on U.S.-based NASL teams was appropriate, while rejecting procedural due process objections.


N. Am. Soccer League v. NLRB, 613 F.2d 1379 (5th Cir. 1980)