This past Friday, the National Football League Players Association (NFLPA) urged businesses, organizations, and visitors to seek “alternative hotel and conference accommodations,” siding with the Hyatt Regency Buffalo workers in a labor dispute now two years in the making.[1] [2] However, this is not the first time the NFLPA has stood in solidarity with other unions. In two other instances, the pro football players’ union has spoken up for workers outside its own industry. What draws the NFLPA into outside labor fights, and where does labor law draw the line?
Likely, the draw is simple. A statement of union solidarity is low-risk, yet still high-visibility. However, labor law sets limits for when a union with no stake in the dispute can get involved. A union’s dispute is with its own employer, otherwise known as the “primary” employer. The National Labor Relations Act (NLRA) protects the primary union’s right to strike or picket the primary employer directly. Problems arise when a union, primary or otherwise, tries to pressure neutral patrons not involved in the dispute to sever ties with the primary employer. This is referred to as a “secondary boycott” and is generally prohibited under Section 8(b)(4) of the NLRA.[3] On its face, the NFLPA’s statement asking neutral businesses and patrons to boycott the Hyatt Regency Buffalo looks exactly like the kind of pressure Section 8(b)(4) is meant to restrict. Yet, the Supreme Court ruled that Section 8(b)(4) bans only conduct amounting to threats, coercion, or restraints; mere persuasion does not rise to that level.[4] Thus, the NFLPA’s statement is simply persuasion and falls in line with the NLRA.
The NFLPA has issued similar sentiments in the past. In December of 2024, the union endorsed the hospitality workers’ strike at Virgin Hotels Las Vegas, vowing to “not sleep, eat, or drink at Virgin Las Vegas” and encouraged fans and athletes to do the same.[5] Similarly, in February 2025, days before Super Bowl LIX, the NFLPA fully supported 600 nurses striking for improved conditions at University Medical Center in New Orleans, Louisiana.[6]
But what would happen if the NFLPA’s solidarity moved beyond statements and into something players actually did? For example, a hypothetical boycott of the Hyatt Regency Buffalo would resemble a “sympathy strike,” a protected practice under the NLRA where employees of one union honor another union’s picket line despite not being a party to the dispute. Generally, no-strike clauses in employer contracts do not waive the right to participate in sympathy strikes, unless it is clear and unmistakable that such strikes are included.[7] Article 3, Section 1 of the NFL’s Collective Bargaining Agreement (CBA) bars the NFLPA and its members from “any strike, work stoppage, or other concerted action interfering with the operations of the NFL or any Club ….” [8] While this is broad-stroke language, its breadth likely extends to sympathy strikes, not just disputes over the players’ own contract terms. Therefore, a coordinated effort by players in solidarity with Hyatt Regency Buffalo employees would likely violate their own no-strike clause.
Since the NFLPA’s statements of support are rooted in persuasion and not concerted action, it allows for players as a collective group to address causes outside of their own industry. Virgin Hotels, UMC nurses, and now the Hyatt Regency Buffalo are examples of how the NFLPA can serve as a platform for change by bringing visibility to labor issues, without assuming the legal risks that come with direct participation in a dispute.
[1] Players union encourages NFL teams to avoid Hyatt Regency in downtown Buffalo https://buffalonews.com/sports/professional/nfl/bills/article_af6c6c45-72e9-445f-8c7c-b130621e9479.html
[2] Workers at Hyatt Regency announce union campaign https://www.wivb.com/news/local-news/buffalo/workers-at-hyatt-regency-announce-union-campaign/
[3] Secondary boycotts (Section 8(b)(4)) https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/secondary-boycotts-section-8b4
[4] Edward J. DeBartolo Corp. v. Fla. Gulf Coast Bldg. & Constr. Trades Council, 485 U.S. 568, 578 (1988) (holding that peaceful handbilling does not amount to threatening, coercive, or restraining conduct).
[5] NFL players union shares support for strike at Virgin Hotels Las Vegas https://news3lv.com/news/local/nfl-players-union-says-it-will-support-strike-at-virgin-hotels-las-vegas-nflpa-culinary-unite-here-labor-action-hospitality
[6] Nurses striking in New Orleans receive support from NFL Players Association ahead of Super Bowl 59 https://www.wwno.org/latest-news/2025-02-07/nurses-striking-in-new-orleans-receive-support-from-nfl-players-association-ahead-of-super-bowl-59
[7] Labor Relations, Overview – Sympathy Strikes https://www.bloomberglaw.com/external/document/XA5G1J2K000000/labor-relations-overview-sympathy-strikes
[8] NFL Collective Bargaining Agreement, Article 3 No Strike/Lockout/Suit, Section 1. No Strike/Lockout. https://nflpaweb.blob.core.windows.net/website/PDFs/CBA/March-15-2020-NFL-NFLPA-Collective-Bargaining-Agreement-Final-Executed-Copy.pdf#page=24.11