The International Basketball League (IBL) players and front office staff joined forces and petitioned the NLRB for an election. The group voted to unionize and was certified. Within days of certification, IBL owners voted to recognize the union only if bargaining occurred in local units in each city and only if they split off into two negotiating groups: players and front office staff. The owners also voted to adopt a more restrictive free agency system, add two new expansion teams, and set a date for an expansion draft. Further, IBL owners enclosed a letter with the players’ next contracts reminding them of the IBL’s loyalty to them when others deemed their careers over. The letter addressed the union movement by stating, “Opening the door to collective bargaining will only bring the IBL the labor woes and financial disparities between large- and small-market teams faced by other leagues.” The owners further argued that collective bargaining would drive them out of business financially and leave players unemployed.
The letter mobilized the player negotiating team. The lead negotiator was Tim Davis, a former NBA player who was banned two years ago for testing positive for marijuana and cocaine. Since then Davis underwent successful rehabilitation treatment and has been drug-free for two years. In fact, he spoke at the NBA-NBPA rookie training session on why players should avoid drugs. Davis is currently playing in the IBL to showcase his talents and get back on an NBA team.
Davis left for a six-city tour to meet with IBL players and held meetings in hotels far away from team facilities. During his meeting in Queens (NY), Davis found himself face-to-face with the IBL Commissioner, who had been tipped off by one of the league’s coaches. Their encounter ended in a shouting and shoving match. When Davis reported to training camp the next month, he was the only player forced to submit to an IBL-ordered drug test. The drug testing continued on a daily basis, leading many players to assume Davis was back using drugs. Every test was negative. Davis was also subjected to name-calling and criticism in the press by the coaching staff. This went on for three weeks, until Davis cracked under the pressure and punched his coach. Later that evening, Davis was notified that he was banned from the IBL.

Question 

1. Discuss whether Davis has any rights under labor laws.

2. What other information would you need to gather to discover whether Davis could challenge the Commissioner’s decision?