NFL players union movement before it ends

NFL players union movement before it ends

Both sides are preparing legal moves, even when they speak before the collective agreement expires on Thursday.

Last updated: March 1, 2011 - 23:31

Decertification of the NFL Players Association would not prevent a work stoppage when the current agreement expires on Thursday.

So says Gary Roberts, an expert on sports issues of antitrust and labor.

"If the players' union withdrew the word" lockout "no longer applies," said Roberts, vice dean at Indiana University School of Law in Indianapolis. "You need a union to have a lockout. But the only way for owners while avoiding antitrust decision in court, to avoid being accused of conspiracy to restrain trade in how they run their business, not run their business. "

According to ESPN NFLPA decertification if, as expected, no significant progress toward a new collective agreement before the deadline Thursday. Once the due date, NFLPA will have to wait six months for decertification

Withdrawal of accreditation, it would be possible for players to get an injunction against a lockout and start the antitrust suit against the owners in front of U.S. District Judge David Doty in Minneapolis. Doty has jurisdiction over such cases since the current CBA was reached in 1993.

Doty has an important role in the process, to decide whether the owners will be able to reach 4 billion dollars from television contracts. The union appealed to special master Stephen Burbank Doty when denied his request to put money in escrow until a new collective agreement. Doty ruled Tuesday that Burbank has gone wrong and requested a hearing to determine damages attention to the relationship and the possibility of preventing the access of the NFL in 4000 million dollars during a work stoppage.

No slam dunk

Roberts said the decertification was not a "slam dunk." He said the owners are turning to the National Labor Relations Board challenging the union movement as a ploy to circumvent the law with the intention to renew the authorization, as he did when he went to court to win free will in the 1990's. The owners have filed an unfair practice charge with the NLRB, arguing that seeks to decertify the union rather than negotiate.

The discussions were on Tuesday night and was maintained on Wednesday. NFL owners are scheduled to meet later Wednesday and Thursday in Chantilly, Virginia, an extension of time for Thursday is possible, but unlikely taking into account any of the parties has moved. After the seventh day of the federal mediation last week, Cohen, both sides still had "big differences" on "fundamental issues of great importance."

The main issue is how to divide $ 9 billion in annual revenue. Players now get 59.5 percent after the owners take $ 1 billion of the higher estimates. The owners now want to take $ 2 billion on top. The parties also disagree when it comes to a rookie wage scale, benefits for retired players and the expansion of the regular season from 16 to 18 games.

Upon removal, the union hopes to maintain the status quo so the owners believe that a decision constitutes a restriction of trade and lead to an antitrust ruling. But Roberts does not understand how the owners would have no choice but to close.

"By definition, the owners have launched all kinds of rules that are uniform throughout the league," said Roberts. "The players say it is a conspiracy to restrain trade. This is an agreement between the enterprise 32 separately to restrict trade. So the only way to avoid this is not just doing business. Turn it off completely."

regular season at risk?

Roberts did not think the sides would risk losing regular-season games this season. But the scenario that he said that could happen is if both parties end up digging before Doty.

"It will take years for an antitrust decision down the pike," said Roberts. And the owners do not work in the league with an antitrust decision hanging over their heads. I do not think that both parties will end up paying lawyers and court proceedings this year, while the league is shut down. "

The only thing certain at this point came Thursday night, set the NFL 24 years without a work stoppage end.