職業運動團體協商紛爭解決機制之研究──以美國四大職業運動之發展為核心

A Study on the Collective Dispute Resolution Mechanism in Professional Sports: Focusing on the Developments of Big Four in the United States

職業運動具有特殊性與其他勞動產業不同，然而，運動員與身為雇主之球團間之不平等地位逐漸確認，故雖職業運動員是否全面適用勞動法令仍有爭議，但團體運動之運動員與球團間之關係為勞動關係已為大多數學說所肯認，則在此勞動關係中，運動員亦得組工會並由代表勞工之工會與雇主協商工作條件並完成團體協約。若勞資雙方無法順利協議完成團體協約，則可能發生停工事件，影響所及除勞資之當事人，尚有球團所在之城市及仰賴此職業運動之相關產業之從業人員，其間會產生重大之損失。美國四大職業運動，自1968年簽立第一份團體協約以來，均曾因談判之僵局而有罷工或封館之產生，最近一次發生為職業冰球之停工，據估計，損失超過美金十億元。因此，如何避免及解決此等集體紛爭，具相當之重要性。我國之中華職棒聯盟並未有團體協約之簽立，但近日來由於球員工會組織之穩固發展，將要求與球團為勞資團體協商來爭取有利之工作條件，若無法順利協商，將可能產生停工，對整個社會之影響甚大。本文將以美國四大職業運動之勞資團體紛爭解決制度為立論重心，介紹其特色、內涵與最新發展。最後，作者將以美國為借鑑，提出相關建議，期能成為我國職業運動團體紛爭解決制度建立之參考。 There are some distinctions between professional sports and other labor industries; however, the same is the unequal status between the athletes as employees and team owners as employers. Whether labor law applies to all professional sports is still under dispute, but the majority of scholars would agree that the relationship between athletes and team owners could be defined as labor. Within labor relations, athletes have the right to form a union that is the representative of athletes with the power to negotiate the working conditions with the team and sign a collective bargaining agreement. If the negotiations between both sides do not work out, this might result in a labor stoppage, which affects both parties involved, the city where the team is located, and the employees in the related industries that are dependent on the progress of professional sports. A labor stoppage can negatively impact all of these parties and result in a big loss. Each of the four major sports in the United States has had multiple strikes and lockouts due to failed negotiations since the first collective bargaining agreement was signed in 1968, and the latest work stoppage occurred in professional hockey with an estimated loss of more than 100 million. Therefore, it is important to avoid and resolve this kind of collective dispute. The Chinese Professional Baseball League does not have any collective bargaining agreements. However, due to the steady development of the Players Association, it will request to negotiate collective agreements with teams in order to improve working conditions. If the process of negotiation is not successful, it may result in a labor stoppage and negatively impact society. This paper mainly focuses on the collective dispute resolution systems in the four major professional sports in the United States and introduces their characteristics, contents and the latest developments. In conclusion, the author will present the suggestions to establish the collective dispute resolution system in Taiwan's professional sports based on the related systems in the United States.