United Basketball Players Association and Harlem Globetrotters

The collective-bargaining agreement (CBA) between the Harlem Globetrotters, Inc. (Harlem) (plaintiff) and the United Basketball Players Association (union) (defendant), which represented Harlem’s players (players), expired in August 1996. During negotiations for a new CBA, the union insisted that Harlem agree to pay the union if players participated in certain public-relations and promotional activities or if Harlem contracted with a television network. The union also requested payment of an annual season-end bonus, which the union said it would distribute to the players. Harlem refused these payment demands, leading the negotiations to reach an impasse and the union to engage in a strike. In addition, the union refused to provide Harlem with information Harlem requested regarding (1) payments that certain players may have received from an emergency and scholarship fund and (2) whether the union retained any such funds. Section 302 of the National Labor Relations Act prohibited Harlem from paying money to the union. The National Labor Relations Board (NLRB) considered whether the union failed to collectively bargain in good faith in contravention of § 8(b)(3) of the act by bargaining to impasse and striking over its demand that Harlem violate § 302 of the act by paying money to the union. The NLRB further considered whether the union bargained in bad faith by refusing to provide the financial information Harlem requested.