L. Smith v. The UFC: A Lawyer's Take

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In the wake of the Leslie Smith release, people are jumping onboard the union train. I am a lawyer in NYC. I am not a labor attorney or an employment attorney, but I represent restaurants and small businesses (both in litigation and other issues) and I see the effect of the proliferation of unions and the allegedly “pro-worker” laws and regulations they push.

The union is a product of the Gilded Era’s excesses, with workers living in tenements and ownership living like aristocrats, which violates the American sense of humble work and fair play. However, the compare the UFC to professional sports teams is absurd. Sports teams are tethered to cities, have ground leases on billion-dollar stadiums, and have a massive entrenchment both in their local market and in the public eye at large. There are several teams in baseball (Yankees) and football (Cowboys) that are worth as much, if not more, than the UFC, even if you use the absurdly inflated 4.2B price WME foolishly paid in 2016.

The effect of a union on a sport with this little infrastructure and this fragile a profit margin would be a disaster. Not only would fighters have greater power to hold out, but the designation of employee versus independent contractor would expose the UFC to a countless amount of regulation, the NLRB, and various local bodies, all of which would now regulate and micromanage this ultimately-niche “sport.” The result would be the demise of American MMA.

A lot of people (especially on the left) believe businesses are a golden goose to be milked for aid to the workers. They forget that business people are not slaves, who take the risks, invest their effort and money, and place their estate in danger solely for the benefit of those they might employ. We should have learned this during the AutoIndustry bailout of 2008: industry that exists for the benefit of its workers, and not its management, ownership, or stockholders, dies. The golden goose died in Aesop’s Tales, and so did the eggs.

I do believe the UFC teeters on being predatory. I do believe they would be wise to offer amelioration. But Leslie Smith is a traitor. They paid for her cancer treatment last year, if I recall. The paid her well above her market, and she, as an independent contractor, rallied fighters against them.

Appreciate this: if Smith had her way, the UFC would be powerless to fire or not extend “employee” fighters like her. Every release, firing, or promotion of one fighter over another would bring in Court and Agency scrutiny. The UFC would be treated like a utility. Is this what you want? Fighting is a jungle by design. Do not seek to turn it into the NFL, because you will turn into rubble first.
 
rbdWv_s-200x150.gif
 
Tldr cliffs? I am interested but lazy
Just read the last paragraph if you want his basic opinion on the matter. It's an interesting read either way though.
 
Funny that this trigger's tldrs: this is like the shortest thing I can put together, lawyers suck.

TLDR: Careful what you wish for with talks of a UFC/MMA union.
 
Honestly, as it is, I would not be upset if the UFC died. I don't watch anything but the biggest fights anymore because I am sick of how they are "promoting" their business. They are ripping off hundreds of fighters with bare minimum paycheques while running their business more like WWE than a sport.

You say the organization is taking risk, but so are fighters taking risk. They are the basis of the brand, and get treated like total shit and discarded with nothing when their limited usefulness expires. I would rather see another organization take a crack at it than watch more fights based purely off which fighter runs their mouth better.
 
What would a union change in this situation though?
They bought out her contract. That happens in unionized sports all the time. She also had to agree to it btw. If she didn't accept the payment, she would've got another fight
 
Honestly, as it is, I would not be upset if the UFC died. I don't watch anything but the biggest fights anymore because I am sick of how they are "promoting" their business. They are ripping off hundreds of fighters with bare minimum paycheques while running their business more like WWE than a sport.

You say the organization is taking risk, but so are fighters taking risk. They are the basis of the brand, and get treated like total shit and discarded with nothing when their limited usefulness expires. I would rather see another organization take a crack at it than watch more fights based purely off which fighter runs their mouth better.
Incorrect. They are not the basis of the brand: the brand is. The fighters, regardless of talent, are fungible, because without the infrastructure someone smart, organized, and driven crafted, they would be weekend warriors and car mechanics.

The Worker's Fallacy, so to speak, driven by Marxist drivel from the 19th century, is false. And if you want the UFC to die, I would rather you just stop watching and leave it to us. And if the UFC dies, genius, what do you suspect happens to the fighters you claim to care about Who employs them and gives their dream of combat a platform? The government?
 
What would a union change in this situation though?
They bought out her contract. That happens in unionized sports all the time. She also had to agree to it btw. If she didn't accept the payment, she would've got another fight
Unionization requires worker designation. They would be employees, entitled to an entirely different set of protections, possibly overtime, minimum wage, benefits, and other things that would destroy the profit margin. People are released in professional sports under a CBA after having made 70% of their 8-figure contract. No comparison.
 
The UFC might have to die in order for MMA to progress
 
Incorrect. They are not the basis of the brand: the brand is. The fighters, regardless of talent, are fungible, because without the infrastructure someone smart, organized, and driven crafted, they would be weekend warriors and car mechanics.

The Worker's Fallacy, so to speak, driven by Marxist drivel from the 19th century, is false. And if you want the UFC to die, I would rather you just stop watching and leave it to us. And if the UFC dies, genius, what do you suspect happens to the fighters you claim to care about Who employs them and gives their dream of combat a platform? The government?

I don't care what you think I should do. The decent fighters that make up the bulk of the roster are getting shafted and would probably be better off financially if the UFC and it's exploitative practices didn't exist.
 
I see Karl Marx's saturday reading school let out at 2 PM Eastern? Does either Anomonis or Bend NVR Break own a business, I wonder?
 
The problem when lawyers give an opinion is that they are all whores. They argue on the side that pays them the most.
 
I didn't know they paid for her treatment, she should be shilling for the ufc
 
The problem when lawyers give an opinion is that they are all whores. They argue on the side that pays them the most.
I appreciate that position, but in this case, nobody is paying me. These are my own views. My clients tend to be management, but small-scale. 5 employees or so. Some maybe 20. I feel this way on my own, the law just arms me with knowledge to back up my opinion (hopefully).
 
The Chael sonnen says it’s pretty easy to get a promoters license. The UFC owners can run it however the hell they please. The fighters don’t like it they can go somewhere else or promote their own self. Have not heard a single story of any gun being pointed at any fighter forcing them to sign a contract. There worth is maximized with UFC and that is why they are there.
 
Honestly, as it is, I would not be upset if the UFC died. I don't watch anything but the biggest fights anymore because I am sick of how they are "promoting" their business. They are ripping off hundreds of fighters with bare minimum paycheques while running their business more like WWE than a sport.

You say the organization is taking risk, but so are fighters taking risk. They are the basis of the brand, and get treated like total shit and discarded with nothing when their limited usefulness expires. I would rather see another organization take a crack at it than watch more fights based purely off which fighter runs their mouth better.
Ever wonder why the UFC is “ripping off” fighters with minimum paycheques? Perhaps it is “fans” like yourself who only watch the “biggest cards” so the stars get richer and the low end guys remain the same? Look in the mirror before you criticize.

Also, the UFC is not a charity. Anyone pursuing a career in an unstable field (athletes, fighters, artists, musicians, actors, even lawyers) know the risks of not having reliable income. Low level fighters are fighting for opportunity that the UFC provides. Not everyone can get paid like a top guy
 

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