Running NFL Preseason Thread

Re: Running NFL Offseason Thread

In its most basic sense, decertification was the correct choice and NFL management has really painted itself into a corner now. Decertification means that any anti-trust protection is gone because there's no collective bargaining agreement (CBA agreements are not subject to anti-trust liability).

Now the question is, does the NFL deal with the players as individuals or does it "collectively declare a lockout, end of business"? If so, then we're talking anti-trust/monopolistic activity acting collectively in concert. They have collectively decided not to offer any players any contracts. Big problem and under the Sherman Anti-Trust laws, subject to TREBLE DAMAGES.

NFL Management may win the PR battle but they will lose the final war under the Anti-Trust laws.

 

Re: Running NFL Offseason Thread

The NFL will argue the NFLPA is still a union despite decertifying because the players are acting collectively. This argument is sufficient to take the case to a Supreme Court that ALWAYS rules for owners of things instead of workers in any field. But that'd take several years, more than likely, so look for a settlement before that. In fact, look for a settlement before July.

 

Re: Running NFL Offseason Thread

That's the NFL's argument. The Supreme Court has not ALWAYS ruled for the owners. They've done so the past 15 years, yes. But all it takes is for Kennedy to change his mind slightly. The American Needle case shows that clearly the Supreme Court does not believe that the NFL enjoys any anti-trust exemption (unlike baseball.) I no longer practice much union side labor law, but this argument may never make the Supreme Court because its a factual determination, not a legal question. It will likely not get any farther than the Circuit court of appeals for Minnesota and it first goes before Judge Doty.

 

Re: Running NFL Offseason Thread

It's Doty's case, and has been for a long time.

 

Re: Running NFL Offseason Thread

The NFLPA should not be allowed to decertify. It's an illegal move designed to circumvent collective bargaining. The NFL will argue that point in court. The NFLPA should not be allowed to be a union again as it showed decertification was just a ploy the last time around.

It's funny that the NFL is one of the few businesses that's pro-union.

 

Re: Running NFL Offseason Thread

I started tuning out some of the misinformation starting with the last page. Union membership can decertify at any time, but it just doesn't happen too often. Also, I assume the post about TREBLE DAMAGES!!!1!!! was a subtle joke.

 

Re: Running NFL Offseason Thread

What misinformation is here? Yes, the union can decertify any time, but why now? The answer is obvious, to circumvent collective bargaining laws.

The NFL can now schedule 18 games for next season if it chooses to do so, the NFL will pay nothing for players' pensions or health care after the players retire, and the NFL can require players to show up for mandatory practice today if a lockout doesn't occur.

 

Re: Running NFL Offseason Thread

Well, I'll start with your previous post and work forward. Decertification is not illegal. If you think it should be, then that's something different from reality.

Also, I guess the NFL could do all of those things. Each of them would be similar to dropping trou and peeing into the wind. No one is going to report for a mandatory practice.

 

Re: Running NFL Offseason Thread

Your flamingo has no leg to stand on. Every owner will cite as evidence the salary cap in place for most of the last 20 years. Contracts have been offered and negotiated recently, even up until about 2 weeks ago.

 

Re: Running NFL Offseason Thread

Decertification is not illegal per se, but the NFL will argue that players only plan on decertifying to circumvent the bargaining process. The fact the NFLPA decertified on the last day the last labor contract was in force proves the league's point.

Players can't have it both ways in regards to collective bargaining. I don't see how the NFLPA could ever be a union again.

 

Re: Running NFL Offseason Thread

You are going to be proved wrong on all counts. It's just a question of how long it will take.

Even the FAQ at the NFL site says the opposite of what you are saying about the link between decertification and the bargaining process.

The NFLPA will be back as soon as players are on the practice field again.

That proves nothing. Read the FAQ at the NFL site.

 

Re: Running NFL Offseason Thread

Most of this means very little until the players start missing game checks. Then, as always, they'll cave. Ask Lawrence Taylor and Troy Aikman. Unlike baseball, most NFLers can't get back the money for missed games later on the back end of their careers.