I. What standard of proof is required at the motion to dismiss stage for a duty of fair

representation claim based on discriminatory conduct under the National Labor

Relations Act?

II. Are political subdivisions of states permitted to enact “right-to-work” statutes under

§14(b) of the National Labor Relations Act?

III. Does the collective bargaining agreement between the Union and the

League/Jammers include a clear and unmistakable waiver of a player’s right to pursue

an employment discrimination claim under Title VII?

IV. Must a plaintiff alleging a gender-based disparate treatment employment

discrimination claim under Title VII satisfy the “but for” or “because of” causation

standard of proof?