Quote:
Originally Posted by Eastshire
I see. So the individual referees may be out of Dodge, but it certainly won't be "oh well" for the associations. They will face fines for lack of performance on their contractual obligations. This probably ends with all the current associations having to dissolve in order to not pay thousands of dollars in damages to the state association (or whoever they contract with).
My point is this is not a real strike (as a real strike involves a union and an employer) and the associations do not enjoy the protections the law provides to striking unions.
And if the state has not met it's contractual obligations in regards to a pay raise, sue them, but defaulting on your contract is always going to end up biting you in the butt.
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To elaborate on this point: The officials/sub contractors make up the Associations who contracted with the Schools.
So say for instance the "Bayou Officials Association" or BOA signs a contract to cover games for the "Riverboat District" games at such and such a rate and all that other fine stuff. (SIDEBAR: I can't BELIEVE there is no fine print detailing the fines and penalties of BOC by either party in the contracts) The BOA's obviously determines they have enough officials in their stable to meet the contract b4 signing.
Now if the BOA's officials get "Stripe Sickness" and don't work that would cause the BOA to be unable to cover the games they are contractually obligated to cover in the Riverboat District. It is the BOA who will take the heat not the officials.
HOWEVER, and this is "the rub", what happens if/when the labor dispute gets resolved? If the BOA is found in BOC with the Riverboat District, there will most likely be damages (def. compensatory and maybe punitive) awarded the Riverboat District that the BOA is responsible for paying. Now, the BOA is getting paid $75/game and all the officials are happy. Unfortunately for them, the BOA is still on the hook for the damages caused by the "sub contractors" which caused the BOA to be in BOC with the RD. (Say THAT 10xs fast!) What is the BOA to do? One option would be to raise whatever fees they charge their members/sub contractors to be members of the BOA. They could file bankruptcy, which then causes a whole BUNCH of issues. Or they could just dissolve the BOA. However, that would necessitate a new association being formed, and may cause angst with the Schools as they will now NOT be getting money from the "old" association and still having to pay higher rates to the "new" assocaition (Cue WHO song)
Now, if the "sub contractors" continued to work under the existing contract until it expires all of that is moot. When the schools come around with a "new" contract offer for a whopping $36.50 + a glass of water, the BOA can say thank you but no thank you to the schools. If EVERY association does this, the schools will then have to 1) SERIOUSLY negotiate a new deal with the association 2) Re Vamp how they obtain their officials. So instead of contracting with an association, they contract with individuals or 3) Have the players call their own! Finally, the BOA would not be on the hook for any damages caused the schools and the schools would NOT have a bargaining chip (fines, damages etc) they can use in contract negotiations with the BOA.
Yep, I still like JAR's thought process.