Introduction

The leisure, recreation and sport industries in Canada, as has been the
case in most nations throughout the world, have been subject to globalization
and corporate influence. In recent years, the number of small sized leisure,
recreation and sport enterprises (i.e., family or individually owned sport
stores or health clubs) have drastically been reduced as large corporations
such as Play It Again Sports and Goodlife Fitness have cornered the Canadian
Market from coast to coast.

Although globalization and corporate influence may present some ease
to consumers, in the sense that standardization exists and there are no
surprises in respect to what you expect to purchase and what you actually
receive, the “quality of services” is subject to question.
When personal services such as leisure, recreation and sports become subject
to big corporations, focus on the individual consumer may become lost
in the shuffle as individual needs are often overlooked.

Despite recent globalization and corporate trends in Canada, the desire
to establish small enterprises continues to exist, particularly among
the young and immigrant populations. In 2000, David Foot reported that
the “millennium busters” are the largest cohort after baby
boomers in Canada, meaning that this population will enter the work force
in the next 10-15 years. Moreover, Statistics Canada reported in 2003
that immigration to Canada is the highest it has been in 70 years. What
does this growth in the number of young Canadians and immigrants mean
for the future of small sized leisure, recreation and sport enterprises
in Canada? Historically, many of Canada’s small enterprises have
been owned and operated by young Canadians and immigrants. If this continues
to be the case in the future, what will be the strengths, weaknesses,
opportunities and threats for the existence of such enterprises?

The purpose of this study is to present the strengths, weaknesses, opportunities
and threats for the future for small sized leisure, recreation and sports
enterprises in Canada. To fulfill this purpose, this paper is divided
into three parts: (1) social trends in Canada, (2) small sized leisure,
recreation and sport enterprises in Canada, and (3) a SWOT for small sized
leisure, recreation and sport enterprises in Canada.

Social Trends in Canada

Recent trends in Canada indicate that: (1) Canada is an aging society
with the largest cohort – baby boomers (born between 1946 and 1966) entering
senior years, (2) Canadians are experiencing a good quality of life and
have a sound health care system thus living longer as mortality rates
have declined, (3) immigration has reached the highest level it has been
in the past 70 years (The Daily, 2003), (4) low fertility rates continue,
(5) a consistent growth of the young adult population is taking place,
and (6) the Canadian work force is aging (Chui, 1996).

Education trends revealed by Statistics Canada (1996) indicate that the
education level of Canadians is increasing as the number of Canadians
having completed university is greater than the number of Canadians with
less than grade 9 education. Moreover, more than 10% of Canadians have
graduated a university (Statistics Canada, 1996).

The early 2000s, as did the early 1990s, were difficult time periods
for the Canadian economy as Canadians faced an economic recession. Cutbacks
in government social programs took place and unemployment rates were high.
However, despite less discretionary income Canadians continued to spend
more on consumer goods and services. In the past decade for instance,
spending by Canadians on consumer goods and services jumped from $14,801
to $16,533. Yet, a portion of this spending was financed by credit as
the volume of consumer debt continued to increase in the 1990s (Williams,
2000).

Research by Crompton (2000) reveals that the general overall level of
health of Canadians is increasing with each generation. “Advances
in public health measures and sanitary control, pharmaceuticals and medical
technology in the 20th century have had a dramatic effect on the overall
level of health in Canada” (Crompton, 2000: 17). In fact, the World
Health Organization forecasts that the average lifespan of Canadians will
increase to 81 years of age by the year 2025.

Urbanization has continued to increase in Canada as fewer people are
living in rural areas. Of note however, a recent trend in living patterns
shows that some Canadians have moved back to smaller cities and towns
in order to experience country living (Foot and Stoffman, 1998).

The number of young adults living at home is increasing (Boyd and Norris,
1999) as is the number of young people choosing to get married later in
life. Statistics Canada (1992) reveals that the average age of first marriage
for men is 29 whereas for women it is 27. Furthermore, the number of common-law
unions, divorces, remarriages and Canadians living alone has also increased
(Oderkirk, 2000: Clark, 2002).

The structure and nature of the work force in Canada has also changed
tremendously in the past 30 years both in size and structure as the number
of self-employed Canadians has increased. Technology has also impacted
changes in the work force as computers have taken the place of skilled
workers. Moreover, knowledge and skill to use the computer and the internet
have become a necessity in most jobs (Dickenson and Ellison, 1999).

Canadians appear to be working more hours and spending less time on leisure
and recreation (DeMont, 1999) as changes in the service sector continue
to take place. A growing trend in Canada that has occurred in the commercial
and public sectors is amalgamation. Another trend has been for two or
more service sectors to work together to provide a service or services.
A third prevalent trend is “contracting out” as many government
organizations have contracted out sites and services to the commercial
sector.

Small Sized Leisure, Recreation and Sport Enterprises
in Canada

In Canada, thousands of small sized leisure, recreation and sport enterprises
exist making it virtually impossible to list all. Furthermore, it would
be difficult to also provide an all-inclusive classification of all small
sized leisure, recreation and sport enterprises in Canada as the scope
of these enterprises is diverse and complex.

Nonetheless, research by Bullaro and Edginton (1986) attempts to provide
an all-inclusive classification system of enterprises that exist in the
leisure, recreation and sport industries. For Bullaro and Edginton (1986),
five classifications of leisure, recreation and sport enterprises exist.
These are: (1) travel and tourism, (2) entertainment services, (3) leisure
services in the natural environment, (4) hospitality/food services, and
(5) retail activities.

Travel and tourism enterprises refer to everything from tour operators
and animation to “sport tourism events.” Entertainment services
encompass the performing arts, theatre, and sports events such as baseball
and football games at all levels. Leisure services in the natural environment
refer to activities such as sport fishing, sailing and hiking. Hospitality/food
services is a classification that is used to refer to hotels, restaurants,
camp sites and the “cottage experience.” Whereas, retail services
refers to commercial, privately operated enterprises such as health clubs,
golf clubs and sport fitness and equipment shops.

Research by McIntosh and Goeldner (1984) provides a different classification
of leisure, recreation and sport enterprises. For McIntosh and Goeldner
(1984) four classifications of leisure, recreation and sport enterprises
exist. These four areas are (1) transportation, (2) accommodations, (3)
shopping, and (4) activities. Transportation is the term used to refer
to all tourist oriented services that are movement-driven such as airlines
and trains, buses and automobile. “Accomodations” is a related
term to the aforementioned that concentrates once again on tourism services,
particularly those of hospitality, i.e., hotels, lodging, resorts, etc.
The third classification, shopping, refers to the sales industry of leisure,
recreation and sport – everything from gymnasiums and fitness centers
to fitness shops. Finally, “activities” reflects the actual
services provided by leisure, recreation and sport industries, i.e., bowling,
squash or weightlifting.

While reflecting on the research of Bollaro and Edginton (1984) and McIntosh
and Goeldner (1984), the following four classifications of small sized
leisure, recreation and sport enterprises have been put together. It is
important to note that these classifications have been put together in
attempt to categorize the broad magnitude of small sized enterprises,
meaning those that consist of less than fifty employees with an “owner-in-shop.”

Tourism:
Small sized leisure, recreation and sport enterprises that fall under
the “tourism” category are “travel-oriented” services
that are owned and operated by families or individuals and that consist
of less than fifty paid employees. These services refer to everything
from family operated inns and bed and breakfasts to “mini-van”
excursions and the operation of touristic souvenir shops. The focus of
“tourism” small sized enterprises is on providing a service
that caters to visitors, that is those who travel more than 100km from
their place of origin.

Outdoors:
The “outdoor” category engulfs all leisure, recreation and
sport activities that one experiences in the natural environment. The
“outdoor” small sized enterprises include the operation of
family-owned “mini-golf” parks, private hiking tours, and
bird-watching excursions. The focus of the “outdoor” classification
is on the provision of services that tend to be provided one-on-one or
to small groups of people with the ultimate intent of financial profit.

Entertainment:
Entertainment is a classification used to describe the “staging
of a show, activity or performance.” Although we tend to identify
“entertainment” in large scales (i.e., internet, mega stadiums
holding professional sport events, national arts centres, etc.), “entertainment”
experiences also take place on a much smaller scale. For example, small
sized entertainment industries include party clowns, street musicians,
artists, and musical bands operated by a group of friends.

Facilities and Equipment:
The “facilities and equipment” classification is broad and
diverse offering many different avenues for the existence of small sized
leisure, recreation and sport enterprises. Some examples of small sized
“facilities and equipment” services include the following:
(1) bicycle repair shops, (2) piano lessons at the private residence of
the instructor, (3) individually owned fitness clubs, (4) privately owned
pool halls, and (5) family owned “sports bars-restaurants”.

A SWOT for Small Sized Leisure, Recreation and Sport Enterprises
in Canada

Current social trends in Canada are used to predict what may unfold in
the future in Canada. Through an examination of current social trends
and an overview of demographic shifts a prediction of the strengths, weaknesses,
opportunities and threats that face the existence of small sized leisure,
recreation and sport enterprises in Canada for the future (up to 2020)
is put forth.

Strengths:

1. People will continue to desire personal service, particularly as
   more and more people are choosing to live alone.
   The need to be served coupled by the need to experience “social
   activities” will provide an avenue for growth in small sized leisure,
   recreation and sport organizations. We have an innate need to be with
   others, and the social nature of leisure, recreation and sport experiences
   helps us fulfill our social needs.
2. The coming of work age of the “millennium busters” will
   once again crowd the work force enticing the expansion of small sized
   enterprises.
   The “baby boomers” are now aging and have started to exit
   the work force. The “bust” and “echo” age cohorts
   simply do not have the numbers of the “baby boomers” and
   thus less people enter the work force. The “millennium busters”,
   (1996-2010), although not expected to be quite as large as the “baby
   boomers”, will be the first generation since the “baby boomers”
   to congest the work force. More people will mean new opportunities for
   small sized leisure, recreation and sport services.
3. The need to live in the suburbs will lead to the creation of small
   sized enterprises.
   The expansion of suburban communities is a growing phenomenon in Canada
   as people are choosing to live outside of the urban centre. New communities
   mean that new opportunities for growth and development will exist. The
   development of small sized leisure, recreation and sport enterprises
   has tremendous potential as new communities emerge.
4. The growth of immigration will enhance the number of small sized
   enterprises as “new Canadians” have always pursued the entrepreneurial
   dream.
   Immigration in Canada is currently the highest it has been in the past
   70 years. A large number of these immigrants are young and have aspiring
   entrepreneurial dreams and innovative ideas that may lead to the creation
   of new small sized leisure, recreation and sport enterprises.
5. The fact that society is more “technological” will aid
   in the provision of small sized enterprises. One of the strengths for
   expansion of small sized leisure, recreation and sport enterprises in
   Canada stems from our exposure to novel ideas through the internet.
   Today’s young are technological progressed and have managed to
   shrink the world by learning more about the international community
   through the internet. It is possible that many of these young Canadians
   will bring international experiences acquired through the internet into
   the Canadian business world through the establishment of small sized
   leisure, recreation and sport enterprises.

Weaknesses:

1. The expansion of large corporations and “mega-stores”
   will make it difficult for small enterprises to survive.
   A number of chain businesses continue to crowd the Canadian market.
   For example, “Goodlife Fitness”, a Canadian based franchise,
   has opened a number of health clubs in just about every region in Canada.
   The incentive for membership is that you can participate in any of there
   gyms throughout Canada. In addition, its mega structure and diverse
   scope of facilities make it difficult for small sized health clubs to
   compete.
2. Lack of skill, knowledge and experience by young entrepreneurs may
   lead to the closing of small sized enterprises.
   Many who start small sized leisure, recreation or sport enterprises
   often lack skill, knowledge and experience in the business world. Although
   they may be experts in the nature of the leisure, recreation or sport
   service that they offer, the lack of “real” business experience
   may lead to the demise of their small sized enterprise.
3. Cutbacks in government social programs may lead to reduced public
   sector support (i.e., grants) for the expansion of small sized enterprises.Since the 1980s a number of publicly subsidized social programs have
   been reduced or eliminated in Canada. Many of these programs aided the
   development of small sized leisure, recreation and sport enterprises
   in Canada. It is unlikely that social programs eliminated or reduced
   in Canada will once again be re-established by 2020.
4. The fact that the more senior sector of society may lack computer
   skills may limit the magnitude of the type of small sized enterprises
   created by the younger sector of society.
   It is highly probable that the computer literate young population of
   society will be hindered in its technological innovation of small sized
   leisure, recreation and sport enterprises as a growing concern exists
   to cater the needs of aging “baby boomers” (many whom are
   not computer literate). The growth of small sized leisure, recreation
   and sport enterprises may thus be restricted to a more basic nature
   rather than an innovative one requiring the use of computer skills.
5. The diversity of experiences and services offered by large corporations
   will entice society, particularly the “haves” to experience
   the services of larger enterprises.
   It usually is the case that organizations that have the capital tend
   to also have the most up-to-date facilities, services and equipment.
   The largest cohort of society, the “baby boomers” is not
   only aging, they are also aging with more discretionary income and in
   better health condition than previous generations. As a result, the
   experiences and services of larger pricy corporations may be the preferred
   choice of “baby boomers” when it comes time to fulfill leisure,
   recreation and sport needs.

Opportunities:

1. The trend of “contracting out” by the public sector will
   present some opportunities to small sized enterprises.
   Although this may not be the case for larger more lucrative enterprises
   such as ski resorts or golf clubs, it may be the case with smaller leisure,
   recreation and sport enterprises such as wave pools and tennis clubs.
   As government organizations continue to strive to balance deficits,
   contracting out opportunities will likely continue to expand.
2. The fact that more and more Canadians are becoming higher educated
   will aid in the creation of new, innovative small sized enterprises.The number of Canadians who have graduated a university continues to
   growth. Canada as a nation is now more educated than ever before. This
   expanded knowledge-base will lead to the creation of innovative ideas
   and opportunities for small sized leisure, recreation and sport enterprises.
3. Cutbacks in government social programs will open a window of opportunities
   for the creation of new small sized enterprises.
   The elimination or reduction of publicly operated leisure, recreation
   and sport services will lead to opportunities for the development of
   such services, particularly in the private sector. The creation of small
   sized leisure, recreation and sport enterprises that cater to the leisure,
   recreation or sport needs of society that were once fulfilled through
   public sector programs, poses an opportunity for growth.
4. The “desire to spend, be entertained and experience something
   new” will pose new opportunities for small sized enterprises.Mass media bombards us with new ideas, new experiences and new knowledge.
   In addition, a global emphasis has been placed on the pursuit of the
   “good life” and “spending to experience,” particularly
   when it comes to leisure, recreation and sport. A new opportunity is
   thus presented to the private sector for the creation of innovative
   small sized leisure, recreation and sport enterprises.
5. “Downsizing and amalgamation” will cause loss of public
   sector jobs and will lead individuals toward creating small sized enterprises.The amalgamation experience of cities and towns of the late 1990s and
   early 2000s has led to job loss and unemployment. Many individuals who
   have lost jobs possess a wealth of experience in the leisure, recreation
   and sport industries. This wealth of experience has in some cases been
   put to practice through the creation of small sized leisure, recreation
   and sport enterprises. In the future, the limited number of public sector
   employment opportunities in leisure, recreation and sport will lead
   some of those trained in these areas to the establishment of small sized
   leisure, recreation and sport enterprises.

Threats:

1. Inflation and rising costs may limit the spending power of society
   and the potential to experience private sector small sized leisure,
   recreation and sport enterprises.
   When prices go up one of the first industries to suffer is leisure,
   recreation and sport. When a purchasing choice has to be made, the necessities
   of food, water, shelter and transportation take precedence over leisure,
   recreation and sport. As prices for leisure, recreation and sport services
   continue to increase so does the threat to the expansion of this industry,
   including small sized leisure, recreation and sport enterprises.
2. The lack of discretionary income may limit the amount allotted to
   spending on small sized leisure, recreation and sport enterprises.
   The spending power of society determines to what extent we participate
   in leisure, recreation and sport services. Although Canadians do value
   leisure, recreation and sport, the fear to overextend and spend beyond
   ones means may limit involvement in this industry. Unless more disposable
   income becomes available to Canadians, a threat will continue to exist
   for the expansion of small sized leisure, recreation and sport enterprises
   as the Canadian public will be more restrictive in its spending patterns.
3. Since the 1970s, the start of each decade has experienced an economic
   recession.
   This trend may threaten parts of the next 20 years, possibly, the onset
   of the 2010s and the 2020s. The mere fact that the economy is unstable
   will without doubt impact the state of condition of society as a whole,
   and the distribution of monies in all industries, including leisure,
   recreation and sport.
4. The ongoing threat of terrorism has hindered the growth and existence
   of many small sized tourism enterprises.
   Since September 11, 2001, the threat of terrorist attacks has grown.
   Industries such as tourism have largely been impacted by this threat
   as people have become reluctant to travel. As a result, leisure, recreation
   and sport services related to tourism have suffered and likely will
   continue to suffer. This is the case not only for large enterprises
   but for small sized ones as well.
5. The fear that Quebec may one day separate from Canada continues to
   exist, meaning that growth in small sized enterprises may be limited.Those wishing to establishing small sized leisure, recreation and sport
   enterprises may be reluctant to do so when hearing than one of the provinces
   of the nation may decide to one day separate. In the case of Quebec,
   some aspiring young entrepreneurs in or around Quebec may be reluctant
   to establish small sized leisure, recreation and sport enterprises due
   to fear of what may happen if Quebec indeed separates.

Conclusion

Although it is difficult to predict the future of the existence and
development of small sized leisure, recreation and sport enterprises in
Canada, this paper presents the possible strengths, weaknesses, opportunities
and threats that this area of the service sector may face based on current
social and demographic trends. Based on what is currently happening in
Canada, socially and demographically, it may be that the future will unfold
an expansion, at least to some degree in small sized leisure, recreation
and sport industries, particularly as the number of young, better educated
Canadians expands. However, one of the biggest weaknesses and threats
will continue to be instability in the economy. Lack of money and the
distribution of capital may hinder the development of small sized leisure,
recreation and sport enterprises in Canada.

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Introduction

Young athletes should be able to turn pro so that they can make money.
This allows them to take care of themselves and their families. In October
2005, 15 year old golfer Michelle Wie turned pro Young basketball players
who have recently made the direct leap from high school to the NBA include
LeBron James, Dwight Howard, Korleone Young, and DeSagana Diop.. These
athletes were all able to take early advantage of their talents. Their
exceptional abilities enabled them to jump from high school directly to
the professional ranks, and to enjoy monetary gains through which they
could better their lives and the lives of their families.

The NFL age requirement bars young football players from turning pro
right after high school. This NFL rule withstood court challenge in 2004.
The NFL and NCAA claim that the NFL age requirement protects young athletes
by shielding them from physical injury and requiring them to mature emotionally
and receive an education before entering the world of professional sports.
In fact, the NFL and NCAA are capitalizing on young athletes’ entertainment
value and turning a profit for three years, without compensating the “performers”.

The higher courts should not treat the NFL age requirement as a valid
eligibility requirement under U.S. labor law. Rather, they should side
with the lower court, which found that this age requirement violates antitrust
law. The NFL and NCAA are the only game in town for young football players.
As the case of Maurice Clarett demonstrates, a football player who is
shut out of the NCAA and NFL is effectively prevented from pursuing a
career as a professional football player. It would be one thing for the
NFL to establish eligibility requirements that really were in the best
interests of young players and the sport of football. However, the current
age requirement exists solely so that two powerful sports organizations,
the NCAA and the NFL may benefit. . The NFL benefits because they have
used the collegiate ranks as a free farm system to develop future prospects
for the league. During this developmental period for the collegiate athlete,
the NCAA capitalizes on marketing the rising stars potential to make it
big in the NFL. Given these financial interests, it appears that the NCAA
and NFL have set age requirements in order to prevent young athletes from
profiting financially from their talents until they have served as an
unpaid source of marketable entertainment source for the NCAA and NFL.

Age requirements in professional football do not benefit young athletes,
nor do they improve the sport itself. They exist solely so that two powerful
and profitable athletic organizations can turn a profit, at the expense
of the athletes, the very individuals the NCAA was established to protect.
NFL age eligibility requirements should be struck down.

The NFL Eligibility Requirements

NFL rule requires a player to either be out of high school for three
years or have finished three college football seasons before joining the
league. (Lupica, M. 2004) The NFL is the only major professional sport
that prohibits the drafting of players who have not completed three college
seasons or who are not three years removed from high school graduation
(Gehring, 2004; Nieporent 2004). The NFL claims that this rule is in the
athlete’s best interest. The NFL argues that this rule protects player’s
physical safety. However, the NFL and the NCAA benefit by capitalizing
on amateur athletes

The NCAA Eligibility Requirements

The NCAA rule book states that once an individual declares themselves
eligible for draft status, they automatically loss loose amateur status
in the particular sport.

Other Sports Eligibility

Before the National Basketball Association collective bargaining agreement
of 2005, the minimum drafting age for the NBA was 18 years old. The LPGA,
NHL and PGA have a waiver option for athletes who are younger than 18,
which enables athletes an opportunity to turn pro before the age of 18
if they fulfill certain requirements. They have a minimum age requirement
of 18 years. Major League Baseball requires athletes to be 16 years of
age to tryout for farm teams. Tennis has been more lenient about teen
players, although they limit the number of events they can enter. FIFA
and the U.S. National Soccer team do not any have specific age requirements
for their athletes. (USA Today 2003)

Who Should Enforce Age Requirements

Organizations have justified why age requirements are necessary in professional
sports. These young athletes gain enormous notoriety due to media portraying
them as superhuman. When negative incidents occur, the media is there
to cover the athletes’ story. The people operating professional
sports assume one way to avert problems is to have age requirements. In
the past, many talented high school athletes made the jump to professional
ranks for monetary gain. Athletes such as Tara Lipinski, Lebron James,
and Oscar de La Hoya possess physical talents that supersede their social
and emotional maturity. (Toronto Star, 2005) One assumption about these
public figures is that they have been given too much, too young. When
problems arise, such as the Kobe Bryant or Mike Tyson rape cases, one
may question their perception of reality. These talented young athletes
have been forced to rely on the recognition gained from their athletic
talents, which leads them to perceive a false sense of reality. It is
also argued that the rapid jump from high school to the professional level
creates athletes that lack self control and who think they are invincible.
The Kobe Bryant rape case or one of the many Mike Tyson cases and accusations
are only a few examples of a young athlete with enormous star potential
that flailed under these false pretenses. The NFL states that having an
age requirement would help to prevent inappropriate situations for promising
young athletes due to lack of social development and maturity.

The government has set standards for minors to be employed only with
written parental consent under the age of 16. Should guidelines be set
by the government to control eligibility requirements for employment in
professional sports? Legislation has already stepped in to regulate drug
testing for steroids in baseball. Legislative control of drugs in baseball
has occurred because the government felt not enough has been done to regulate
steroid use in professional sports. They state that the problem lies with
the organizations controlling the sport professions. (Guthrie, 2004; Talev,
M. 2005)

The Problems with Age Requirements

The focus continues to benefit the organization. Little benefit has been
seen outside the organization. A few athletically gifted players who do
not have the academic abilities required to play in college have less
chances to play professionally. The age requirement would force young
stud athletes to wait a year or two before being drafted or trying out
for a professional team. Another issue with age requirements is the role
of the unethical agent looking to capitalize on the abandoned year of
an unfortunate athlete looking to capitalize on their talents. (Williams,
2001)

Players not able to Cash in on their Talents

The biggest area of concern for the college athlete is the potential
for a career-ending injury occurring before they are able to cash in on
the monetary value of their talents. The possibility of being hurt while
playing in minor leagues or college is of great concern. The athletes
do not make enough money in the minor leagues, and if they have a career
ending injury they may be unable to support themselves and their family
because they have no other training to fall back on. Also, financial compensation
for their injury may not be made available to them. In a collegiate athlete’s
case, no money is paid to financially sustain themselves or their families.
The NCAA continues to ignore the student athletes, who’se careers
areis cut short by injury, barring them from possible professional monetary
gains. (Huma, 2002; Hayden, 2001)

Literature Review

The Labor Law

The National Labor Relations Act of 1935 is the law that governs interstate
commerce. This includes the labor relationships between professional athletes
and teams (Bohlander, G., & Snell, S.2001; Resnick). Section 7 of
the National Labor Relations Act states: “Employees have the right
to self-organization, to form, join, or assist labor organizations, to
bargain collectively through representatives of their own choosing, and
to engage in concerted activities, for the purpose of collective bargaining
or other mutual aid or protection, and shall also have the right to refrain
from any or all such activities except to the extent that such right may
be affected by an agreement requiring membership in labor organization
as a condition of employment.” (Bohlander, G., & Snell, S. 2001;
Resnick 2005)

Child entertainment laws in many of the states throughout the United
States require that the minimum age for minors to have work permits and
letters of release is 16 years of age. Out of 50 states, only four have
labor laws that specifically state that anyone under the age of 18 needs
a work permit. 31 states have laws that regulate minors working for entertainment
purposes, of those, 24 of these states have required an age limit for
minors to possess work permits.

Government Age Standards for Agriculture Employment

The U.S. government has set guidelines for the minimum age standards
for agriculture employment. Children under the age of 12 may work depending
on the prescribed conditions of the harvest. (Child Labor Requirements
1984) Employment is allowed if they are working at their permanent residence
under parental or guardian approval. “Twelve and thirteen year olds
may be employed with a written consent by the parental consent or a farm
where the minor’s parent or person standing in place of the parent
is also employed.” (Child Labor Requirements 1984) Fourteen year
olds seeking employment may be employed if they work around school hours
and are in no agricultural hazard declared by the Secretary of Labor.
(Child Labor Requirements 1984; Siddiqi, Faraaz; Patrinos, H.A.1997) Sixteen
years of age is the minimum age requirement for agricultural employment.
Sixteen year olds may work around school hours unless employed by their
parent or person standing in as their parent. (Child Labor Requirements
1984) The minor may work in any agricultural hazardous condition declared
by the Secretary of Labor. (Siddiqi, Faraaz; Patrinos, H.A.1997)

Written law by the Secretary of Labor enables minors to perform manual
labor for wages. These laws set guidelines that allow minors to be employed
and perform physical labor for pay. Laws are set according to age for
minors to perform physical labor for pay. Professional sports are just
as physically demanding as manual labor, yet young athletes, unlike young
laborers the same age are not able to capitalize on their work. A talented
15 year old that plays golf well may not play professionally because of
the organizational standards. These same minors are unable to capitalize
on their athletic abilities despite the fact that it is within the confine
of the law. Corporate institutions have the ability to control and direct
minors through stages that allow minors to develop into professional athletes.
For example, the NFL uses the NCAA system to determine who is best qualified
for the professional ranks. The NCAA is the organization that sets rules
and restrictions of what athletes can and cannot do. (Huma, 2002)

Definition of Professional Sports

The difference between amateur and professional athletes is that professional
athletes receive payment for their employment, where amateurs do not.
(Bohlander, G., & Snell, S. 2001) The system of professional sports
is a high performance work system. Athletes are placed in unique performance
systems that hone their skills, which enable them to achieve higher playing
levels. As athletes hone their skill and continue performing at a high
level, the organization builds their business from the success gained
by their sports teams.

The NCAA

The NCAA is a governing body that oversees amateur athletic participation
in its member colleges and universities. Its original purpose was to maintain
educational integrity for athletes and to protect their interests regarding
injuries from sport. Others I have thought it was originally formed to
regulate safety in college football. Several players were being killed
and there was a movement to ban the sports. Theodore Roosevelt, having
had football players on his team of “Rough Riders” during
the Spanish-American War, wanted to save the game so he called for formation
of the NCAA. (Hawes, K. (1999) Student athletes generate billions of dollars
for the universities and the NCAA year after year. Yet these same athletes
are left without the financial gains accumulated by the universities and
the NCAA. Athletes that participate in division I university athletics
are compensated with an athletic scholarship. The problem is that athletic
scholarships do not cover the full cost of going to school, thus leaving
the student athletes looking for employment while participating in sports
and going to school fulltime (Huma, 2002) Scholarship athletes are only
allowed to make limited amounts of money while participating in collegiate
sports.

The NCAA reaffirms the universities contention that collegiate athletes
remain as amateur athletes. Both the NCAA and the universities maintain
the stance that student athletes are not employees of the universities
or the NCAA. The NCAA and the universities contend that an education is
something that is invaluable; therefore, they are receiving worthy compensation
for participation in athletics. The NCAA argues that scholarships provide
athletes with a “free education” which is an invaluable payment
for their services. While no one can deny the value of an education, this
frees the NCAA and universities from paying a wage or salary (Sage 1998)

The athletic scholarship is a work contract that claims the rights of
ownership of the athletes for the university. The school (coach) owns
the athletes. (Sage 1998) Universities and the NCAA contend that they
conduct their business separately from student athletes, despite the working
relationships contracted between the student athletes and the universities.
Universities claim their business is to provide an academic education
to the students. The business of athletics is not essential to their purpose
of providing an education. (Huma, 2002; Hayden 2001) Within the past 15
years, the NCAA business decisions stray from their original purpose to
benefit student athletes. Former NCAA executive director Walter Byers
states that intercollegiate athletics is similar to the values of modern
corporations or professional sports than the basic values of amateurism.
(Sage, G.H.1998)

The NCAA original concept was to protect student athletes from injuries
stemming from football and other sports (Huma, 2002) The NCAA created
coaching clinics that informed coaches how to protect the athletes. Currently,
the NCAA does not have safety guidelines for practices to be correctly
administered to prevent injuries or death. (Huma, 2002; Hayden 2001) The
other problem is that NCAA does not provide workers compensation for athletes
who are injured while participating in athletics for universities. Coaches
have designated practices that are termed voluntary, but it is known that
lack of participation will result in the sacrifice of the student-athlete.(Huma,
2002) The NCAA continues to abandon athletes who are injured in so called
‘voluntary’ practices. (Huma, 2002; Hayden 2001) In order
for a student-athlete to qualify for workers’ compensation, they must
meet two requirements: (1) the student-athlete must be covered and (2)
the student-athlete must have been acting within the scope of his/her
employment when he/she was injured or killed. (Huma, 2002; Hayden, C.
2001) Courts have been at odds dealing with the employer/employee relationships
between the universities and student athletes. Courts have received criticism
for not taking a definitive stand regarding the employer/employee relationship
between the university and the student athletes. Previous court decisions
relating to monetary compensations for athletes whom have sustained career
ending injuries have not dealt with this problem. (Hayden 2001) If an
athlete were fatally injured, the NCAA does compensate the athlete’s
family with a $10,000 award. Courts refused to define the role of the
student athlete and their financial importance to the universities and
the NCAA. Universities and the NCAA continue to exploit collegiate athletes
for their financial benefit. Huma states that collegiate athletes only
receive a partial ‘full scholarship’, with the inability to
earn money from other employment, and no work compensation if severely
or fatally injured. This puts the athletes at great risk. Some of these
talented athletes risk a chance of generating millions of dollars for
themselves.

Unfair Labor Practices

U.S. Congress has defined 5 unfair labor practices, three of which solely
relate to professional sports.

• The first unfair labor practice stated is interfering with, restraining,
  or coercing employees in the exercise of their rights guaranteed. One
  example of this is the voluntary practices made mandatory by restricting
  and threatening of the athletes’ position loss.
• The second example is dominating or interfering with the formation
  or administrating of any labor organization, or contributing financial
  or other support to it. NCAA does not solely support the athletes participating
  in collegiate athletics. The NCAA has restrictions that prohibit athletes
  to work to support themselves and their families that would better their
  situation. (Huma, 2002)
• The third example deals with discriminating in regard to hiring or
  tenure of employment or any term or condition of employment so as to
  encourage or discourage membership in any labor organization. The NBA
  setting a minimum age requirement within the collective bargaining agreement
  that basically prohibits young athletes from making the jump from high
  school to the professional arena.

The Ideal Professional Organization

Nieporent states that the National Football League recognizes their position
as a ‘profession.’ Therefore they have the ability to establish
the minimum age requirements for participation in the profession. The
NFL is one single business entity, creating one product: its season (Nieporent
2004). A pro sports league is a single business entity with multiple divisions.
The NFL is a league with a business entity of 32 divisions. All 32 divisions
have a shared interest in keeping product quality high. Because they have
a vested interest in the NFL, teams equally share television revenues,
their main source of income (Nieporent 2004). The NFL’s ruling on
the athletes being three years removed from high school is in the best
interests of the NFL, not the player. The NFL season is filled with quality
players through collegiate football. The NFL has induced their standard
of development through the collegiate system. Compared to all the other
professional sports, the NFL is the superior organization because of its
capability to externalize the source (collegiate athletes) to best benefit
their product (season) for the good of their organization.

In Summary

In 1925, Red Grange left college early to capitalize on his talents by
accepting a $50,000 salary offered by the Chicago Bears. Because Red Grange
left college early, the profit margin for the university and the NCAA
were negatively impacted. The NFL responded by establishing a professional
eligibility rule that prohibits athletes leaving college early. This rule
originally prohibited athletes from entering the NFL draft for four years,
but in 1990, this rule changed to three years (McCormick, Robert A., McKinnon,
and Matthew C.1984). This rule benefits the NFL by forcing athletes to
spend more time developing their skills to become more complete players.
The NCAA followed the NFL age requirement rule by stating that once an
athlete declares himself eligible for professional sport, he is no longer
eligible to participate in collegiate sports.

Maurice Clarett made headlines two years ago when he declared himself
eligible for the NFL draft. His declaration challenged the NFL rule that
stated an athlete had to be three years removed from graduating high school
to become eligible for the draft. Clarett only participated in one year
of collegiate football. This bylaw prohibits Maurice Clarett from capitalizing
on his talents in professional sport. The NCAA reaffirms NFL guidelines
in their bylaws by enforcing their rule that states once a player declares
himself eligible for the NFL draft, he may no longer play collegiate football.
Therefore, by Clarett declaring himself eligible for the NFL draft, he
became ineligible by both organizations. Maurice Clarett, NCAA, lawyers,
and the NFL viewed his talent as a huge commodity. Clarett’s desire
was to capitalize on his talents as soon as possible. Clarett filed and
won the suit based on the NFL being in violation of antitrust laws. The
Clarett attorneys argued that when Maurice Clarett wanted out of college
football, “the current rule perpetuated a ‘system’ whereby
college football serves as an efficient and free farm system for the NFL
by preventing potential players from selling their services to the NFL”(Gehring,
2004). The courts ruled in favor of Clarett stating that the “rule
must be sacked” due to violations of antitrust laws (Gehring, 2004).
The argument also raised questions about unfair labor laws. The first
unfair labor practice stated is interfering with, restraining, or coercing
employees in the exercise of their rights guaranteed.

The Court of Appeals reversed the lower courts’ decision, forcing
Clarett to sit out of football and preventing him from enhancing his skills
and talents. The NFL stated that the rule was part of the league’s collective
bargaining agreement with the players’ union. Section 7 of the unfair
labor practice exemplify refusal to bargain collectively with the duly
chosen representative of employees. Therefore, if this individual is to
be let into the league, then he would have to comply with the rules of
the collective bargaining agreement. To the NFL, this statement meant
that Maurice Clarett must accept and comply with the rules agreed upon
in the previous collective bargaining agreement. The reason for the age
requirement rule in the NFL bylaws is to allow athletes time to develop
and mature physically to take on the daily rigors of being a professional
football player. They did not want to have immature players drafted into
the league who might become a liability, athletically or personally.

This year, after sitting out two years from college football, he became
eligible for the NFL draft. Once he was free from both the NCAA and NFL,
he was unable to perform to expected levels of professional football,
which led to his release from the Denver Broncos.

Clarett’s case demonstrates the problem with athletes taking it
upon themselves to capitalize on their talents through professional sport.
The NCAA and the NFL have manipulated the football market in a manner
that prevents talented young athletes from entering the NFL. The NFL is
the only major professional sport to prohibit the drafting of players
who have not completed three college seasons or who are not three years
removed from high school graduation. (Gehring, 2004; Nieporent 2004) The
NFL claims that this rule is in the athlete’s best interest. However,
it was clearly not in the best interest of Maurice Clarett, who was forced
to sit out for two years after dominating the collegiate ranks. Clarett’s
objective was to capitalize on his intangibles on his terms, not those
of the NFL or NCAA. These two dominant institutions use their powerful
influence to manipulate their infrastructure in ways that best benefit
their organizations. Courts continue to ignore the fact that these athletes
are being exploited. They refuse to establish the working relationship
between the collegiate athlete and the university. Athletes continue to
produce high quality entertainment that universities and the NCAA capitalize
on without compensating the entertainers. Institutionalized needs are
based on the hegemonic order of the consumer society. (Worth and Kuhling,
2004). This is the reason the NFL has set itself up to be the ideal professional
system from an organizational standpoint. They have benefited most from
players being developed at the collegiate level.

The Trend Towards Age requirements in Professional Sport

Other professional sports organizations are beginning to adopt age requirements
for athletes. The movement towards age requirements in professional sports
is seen in the NBA. Recently, the National Basketball Association and
the NBA Players Association concluded their collective bargaining agreement.
One important issue dealt with the minimum age required to be eligible
to play in the NBA. The agreement requires that players entering the league
must be a minimum of 19 years to play professional basketball. This is
a one year increase in age to be eligible for NBA draft. One argument
for this change in eligibility is that the increase of high school athletes
entering the NBA draft need time to develop and mature while aiming for
a professional career. The argument against the agreement states that
the NBA is in search of building a relationship of a free developmental
farm system for professional basketball, similar to the relationship the
NFL and the NCAA..This would become a developmental system for the young
athletes to hone their skill and mature into professional athletes. (Brewer
2004). David Stern, commissioner of the NBA, understands that teenagers
are a part of the NBA. (Brewer 2004). Upward of 10 high school players
may enter the NBA Draft this summer. (Brewer 2004). Various opponents
view the NBA farm system as a financial gain for David Stern and a blow
to the economically deprived individuals who view sport as a way to improve
themselves. (Price, 2005) The NBA is vying for the most direct and secure
path to the NBA to best benefit the NBA.

Opportunities for the Young Professional

Opportunities for professional athletes at such a young age have been
possible with great success. Social stratification shown throughout the
world by globalization encourages people from underdeveloped countries
to aim for the American dream. One dominant mainstream American dream
is playing professional sports.

These candidates may have bright futures as NBA All-Stars. (Brewer 2004).
“The NBA is better at developing talent, teenage talent or any other
kind, than the colleges”. (Brewer 2004). Foreign leagues such as
NFL Europe, Euro league Basketball, and NBA Europe are becoming an alternative
route for athletes to get to the pros. Some athletes, who might not have
the academic capabilities to succeed in college but have the talent to
play professionally, are seeking these other alternatives as ways to collect
on their talents. These new leagues are slowly developing into talent
pools for professional teams to recruit new athletes for their specific
need. It makes good business sense for professional organizations to seek
out players who are more mature and have honed their skill. Teams may
pick up a player inexpensively in these world leagues that fulfills a
specific job on the team for a season. The organization does not have
to take the time to develop an individual or spend the necessary money
to ‘build the future.’

Conclusion

No One Argues the Benefits of Going to College

Players get the experience of growing as an amateur athlete being in
college. College expands education and enhances both social and public
relations skills, even if the athlete is in college for only a year or
two. Time spent in college will mature the athlete, enabling them to be
more prepared when they enter the NBA and even more importantly, when
their NBA careers are over. Knowledge gained from their collegiate experience
is important in the development of a teen becoming a responsible young
adult. The social and educational development may only be experienced
while in college. The athletic development is an area that is going to
develop regardless of the institution or coaching. However, when the collegiate
athlete has the opportunity to play in the NBA, the collegiate athlete
is older and more mature. The time spent in college allows athletes to
develop into a more complete player. The NBA as well as the NFL has used
the college ranks as the minor leagues for development of their players.
The athletes will learn and understand their position as an amateur athlete
while attending college. The professional league views that mature, established
veterans would have a more prosperous and robust career.

Sage states that big time Division One athletics goal is about capital
accumulation. Universities promote images of healthy, admirable, amateur
athletes, in the non-profit setting, but the underlying intentions of
universities is to organize athletics based strictly on marketing principals.
(Sage, 1998). Universities are non-profit organizations, which enable
them to continue to put monies gained back into athletic departments,
which in turn produce larger more attractive venues to produce a better
product. The dominant powerful influence will only increase with more
time because these institutions continue to grow. An age requirement in
professional sports enables these institutions to maintain a high level
of entertainment. Age requirements are good for collegiate sports. Sport
programs claim educational benefits between sport and the university because
of the money generated from contracts with advertisers, sponsorships,
and sporting apparel. Collegiate sports is big time business, therefore,
the trend to enforce age requirements in professional sports will continue
to be enforced. Sports are big business.

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