Judge Nelson to rule in couple weeks

[CatMan72]

Florio (yeah, I don't like him either but he is a lawyer) thinks the Judge is trying to soften up the owners to make a deal by demonstrating that she is leaning towards the position of the players... now she's giving the owners a chance to negotiate a deal on their own terms before she imposes one on them.

[Highlandfire]

True but do you want to be the judge who lets unions break apart and cause a poo storm of epic proportions? Remember this is bigger than just the NFL.

Well the labor board has gotta be pissed with states trying to break down unions and rumors are the feds will go after UAW at some point to break them down.

So with the NFLPA just saying fug it and decertifiying it has to kinda piss off the Labor board as that flys in the face of what the board is trying to accomplish I guess?

[Mr. Scot]

Florio (yeah, I don't like him either but he is a lawyer) thinks the Judge is trying to soften up the owners to make a deal by demonstrating that she is leaning towards the position of the players... now she's giving the owners a chance to negotiate a deal on their own terms before she imposes one on them.

Anytime there's a legal aspect to a story, Florio becomes a much better source than he would be otherwise.

[Fiz]

That would require the NFLPA re-certifying.

that's not true.

[Fiz]

btw guys the players cannot create a union until next year

right now they're being represented as a trade organization

also the nfl is going to lose like whoa lol

[Mr. Scot]

that's not true.

Lawyers for the owners refuse to meet with the settlement attorneys for the players unless the trade association identifies itself as a union, which the players won't do at this time.

(link)

[Fiz]

uh it doesn't require it at all

it's just the nfl's pr tactic, since it's PHYSICALLY IMPOSSIBLE FOR THEM TO MAKE A UNION, one that you're taking in to hook line and sinker

[Rhys]

True. However, it does seem that the owners came to the table with a pretty solid proposal....only to have the players give them the big finger and walk out.

The players had EVERY intention of filing a lawsuit. Everything they did in the name of negotiating up until this point was bullpoo posturing.

Do we have to go through this same stupid argument.

What a blanket over simplified statement, ripe with speculation, and your own personal opinion.

DUR OWNARZ GOOD PLAYARZ BAAAD MMKAY?

You don't know poo, I'm tied of speculative bullshit like this built out of your own desire to pick a side of who's right and who's wrong. This is a fluid controversy, it's grey, there's no black and white with this. Stop dumbing it down to "Der ownerz made an offur and dur playerz refoozed so they BAD! BAD PLAYERZ FUG THEM!"

[Fiz]

oh by the way this is just about filing an injunction. it has nothign to do with a new cba

after the nfl gets beat down in enough courts next season will continue under the conditions of the expired cba

[Snake]

Its not really clear cut who would win. Both have points and both have a lot to lose if they do not strike a deal.

The outcome would be very unclear.

[Fiz]

it's only unclear among people who've deluded themselves into believing the nfl had a legitimate argument to begin with.

[Fiz]

here's a lawyer

The crux of the NFLPA argument is "we're locked out, can't work, can't earn, over 800 players have no contracts, their families have no health insurance, and this represents irreparable harm". They have asked for an injunction ending the lockout, which presumably would mean 2011 football would proceed under the rules of the expired CBA. I didn't see a full transcript, but if I were assisting their legal argument I would point out that without a free agency period before the draft, both restricted and unrestricted free agents may be harmed even if the dispute is resolved and a new CBA signed between May and August. The reason is simple. A free agent's individual worth and desirability will be impacted by what happens in the draft. It could even impact players who aren't free agent but expect to be traded like Kevin Kolb.

The NFL previously filed a complaint with the National Labor Relations Board basically stating that while the NFLPA de-certified, they remain, in effect, a union. As long as the NFLPA really is a union, the players cannot sue under anti-trust law. The NFL, via David Boise, has asked the judge to wait until the NLRB makes a ruling on their complaint before issuing a ruling on the player's request for an injunction. Boise apparently argued that the NLRB has jurisdiction over federal courts in this matter, but this sounds like bullshit to me.

...

This is about the players' request for injunctive relief from the lockout. The players contend the lockout is illegal under the Sherman Antitrust Act, and is causing irreparable harm.

As an aside, the fact the NFL is a monopoly and subject to Sherman is settled law at this point. White, American Needle, and even a case from the early 70s all established that. No one spent a minute talking about monopolies today. Of that, I'm reasonably sure. Collusion is a given as well since individual teams did not lock out their players. The NFL as a single entity did.

...

I listened to attorneys for both sides who took questions briefly outside the courthouse.

The NFL is apparently perpetuating the fantasy that a new CBA can still be negotiated. I could be wrong, but I thought the union's de-certification means there is no entity that can negotiate a CBA right now. If memory serves, a new CBA wasn't reached until 1-2 years after the White settlement. Operating terms of the league during the interim were dictated by the settlement in that case. Of course, the league currently maintains the de-certification is a sham.

What is known is that Judge Nelson encouraged both sides to negotiate through mediation in a federal court setting. That has to refer to the settlement of this suit, Brady et al vs. NFL, and not a CBA.

Interesting fact that "irreparable harm" to the players wasn't discussed very much today. This doesn't bode well for the league.

Nelson did say at the end of the hearing that she would take "a couple of weeks" to issue a ruling on the players' request for injunctive relief. Both attorneys and reporters seemed to indicate she was exceptionally well prepared to address the issues in this case.

I'm looking forward to a transcript when/if one is available.

[Highlandfire]

it's only unclear among people who've deluded themselves into believing the nfl had a legitimate argument to begin with.

If you would get your lips off the players collective asses you would see the NFL / Owners are 100% correct and have a very legitimate complaint. If this judge does the legal and right thing she will rule for the owners.

the NFLPA had no intention at all of negotiating. D smith and the players want a completely different league and they aren't going to get one.

What you fail to understand is the NFL/Owners can sit for YEARS on this, the players can't.

[Rhys]

If you would get your lips off the players collective asses you would see the NFL / Owners are 100% correct and have a very legitimate complaint. If this judge does the legal and right thing she will rule for the owners.

the NFLPA had no intention at all of negotiating. D smith and the players want a completely different league and they aren't going to get one.

What you fail to understand is the NFL/Owners can sit for YEARS on this, the players can't.

One could say the same about your lips and the owner's rectums.

Why don't you stop making biased speculative comments

Owners are 100% correct

the NFLPA had no intention at all of negotiatin

D smith and the players want a completely different league and they aren't going to get one

Honestly, who are you to make statements like that? You've read the same articles we have, you've seen the same videos we have.

Idiots will try to simplify this issue, idiots will try to pick a side based on their own narrow perspective, and after these idiots have reduced a large complex issue down to simple rights and wrong in their minds, they will make statements like, "Ownerz are 100% right and hav all the powur and can be there forever and Players and fuggin D Smith ar dumb and will nevar get n e thing and nevar even wanted to negoshiate."