What does your Uber driver, DoorDash delivery person, and favorite UFC fighter all have in common with each other? All are legally considered independent contractors, and are therefore afforded few labor rights.
The Ultimate Fighting Championship (“UFC”) is the world’s leading mixed martial arts (“MMA”) promotion. MMA has quickly become one of the most popular sports in the United States in recent years, thanks in large part to the success of the UFC. Despite this success, however, UFC fighters remain some of the athletes with the fewest rights and the least say in their pay. Fighters in the UFC are paid significantly less than other athletes in unionized sports. According to recent estimates, the UFC pays its fighters roughly 16% of total revenue and around 10% of the total revenue generated from an event. These figures stand in stark contrast to the approximately 50% total revenue split in most major sports where players collectively bargain, and the 70% of total revenue that boxers generally make from individual events.[2]
As fighter pay, along with issues regarding undesirable working conditions and lack of health insurance have remained constant points of contention, many have wondered why MMA fighters have not yet unionized. The formation of a fighters’ union is a steep uphill battle. As the National Labor Relations Board (“NLRB”) only recognizes unions formed by “employees,” the issue of fighters classification as independent contracts stands as one of the main barriers to unionization.[3] In addition, the UFC has a strong and vested interest in preventing unionization, as decisions on fighter bonuses, selection of opponents, and fighter termination are almost entirely at the unilateral discretion of the UFC themselves.[4] UFC President Dana White has publicly taken a strong anti-union stance in the past, and in response to a question regarding better pay and health insurance for fighters, White stated, “We’re in this f*cking society now where everybody should win a trophy. No, everyone doesn’t win a f*cking trophy.”[5] Another difficult issue arises from the fact that the UFC employs fighters from around the globe in forty-nine different countries and counting. The NLRB would likely require these foreign fighters to form unions in their own home countries and then come together under a global federation, a difficult process for an endeavor that already faces many challenges.[6]
Despite these difficulties, many attempts have been made over the years to form a fighters union and bring UFC athletes together under a united front. The most prominent of these failed attempts was the Mixed Martial Arts Athletes Association (MMAAA). The MMAAA was initially launched in 2016 by five of the sports most decorated and recognizable names: Georges St-Pierre, Cain Velasquez, Donald Cerrone, T.J. Dillashaw, and Tim Kennedy.[7] The group sought many of the same perks that athletes in other major unionized sports enjoy, such as the ability to negotiate a profit split, year-round health insurance, pensions, and more. However, the early excitement around the organization didn’t last long, and by late 2017 the organization had died a quick and unceremonious death.[8]
When speaking on why the efforts of MMAAA and so many other attempts to unionize have all gone nowhere, former UFC fighter Tim Kennedy made it clear that there is one primary culprit: Fear. Kennedy explained that “We needed athletes to agree to be part of this association, this union” in order for it to succeed. According to Kennedy, the fighters at all the major fight camps would “all say they want to be a part” but when it came time to actually stand up for the organizations beliefs, “there was so much fear of the repercussions from the organization that nobody would do it. That’s how it died.”[9]
In the eyes of most UFC fighters, simply making it into the sports premiere organization is a dream come true. For many of these fighters, finding the courage to stand up to the organization they dreamed of being a part of and (literally) fought to get into isn’t worth the risk of potentially being blacklisted for speaking up. For now, the biggest fight in the UFC remains the fight for unionization.
[1] Photograph: https://www.mmafighting.com/2022/6/8/23160281/tim-kennedy-reveals-how-fear-killed-the-mmaaas-infamous-ufc-unionization-effort-nobody-would-do-it
[2] https://theathletic.com/1850784/2020/06/03/mma-fighters-support-association-unionization-no-clear-path/
[3] https://www.theringer.com/2019/1/23/18193121/ufc-unionization-efforts-project-spearhead-leslie-smith
[4] Id.
[5] https://newrepublic.com/article/137122/ufcs-dirtiest-move-yet-union-bashing
[6] Id.
[7] https://www.mmafighting.com/2022/6/8/23160281/tim-kennedy-reveals-how-fear-killed-the-mmaaas-infamous-ufc-unionization-effort-nobody-would-do-it
[8] Id.
[9] Id.
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