The 8th U.S. Court of Appeals reversed federal Judge Susan Nelson by ruling that NFL owner’s lockout of players was legal according to stories by ESPN and the NFL Network. Score one for the owners.
The Appeals Court ruled that Judge Nelson misinterpreted labor law when she ruled that the league violated antitrust law by locking out the players once the players decertified the union. There was more to it than that, said the Appeals Court.
The Court gave the owners the ruling they hoped to get from the National Labor Relations Board. Thus, the players remain locked out even as labor negotiations continue between players and owners on a new Collective Bargaining Agreement.
The owners called union decertification bad faith bargaining by players. That was the case they were making to the NLRB. They have a point. DeMaurice Smith, head of the Players’ Association “trade union” is a central figure in negotiations. As head of a decertified union, he should have no role in the discussions. But everybody wants to have that discussion and to have it with the one person who can speak for the players.
Lockouts were a provision of the 2006 CBA Extension accepted by the players. The CBA allowed the players to sue for antitrust violations after a period of time. Decertification and and lawsuits were the players’ attempt to shortcut the process. The Appeals Court threw the flag at the players for that rules violation.
Ironically, the ruling comes when a relationship is forming between De Smith and NFL Commissioner Roger Goodell. That relationship might have formed sooner if the owners hadn’t hinted at a lockout over two years and if the players hadn’t been recalcitrant about renegotiating any portion of the CBA.
As a practical effect, the ruling forms a backdrop to labor talks that may be reaching a happy conclusion.
Lets get it right this time, fellas.
Point after: Andrew Brandt’s negotiation update on National Football Post found here.
Joint NFL-NFLPA Statement on Court ruling: “While we respect the court’s decision, today’s ruling does not change our mutual recognition that this matter must be resolved through negotiation. We are committed to our current discussions and reaching a fair agreement that will benefit all parties for years to come, and allow for a full 2011 season.”
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