Any labor lawyers in the room?

by torch on Apr 28, 2011 7:24 AM CDT

What confuses me about these legal wranglings is the status of the NFLPA.

They decertified as a union by vote, so individual players could bring an anti-trust class action lawsuit against the NFL. By implementing the injunction, Judge Nelson has pretty much ruled that the decertification is legit and that the NFL needs to get back to the business of football.

But there are no rules in place because of the expiration of the collective bargaining agreement. Who are the owners supposed to bargain with to get a new CBA in place if the union doesn't technically exist? If the union can be recreated at the drop of a hat, with the same leadership and the same membership - did it ever really not exist? And if it didn't ever not exist, shouldn't the injunction be lifted?

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It's a huge mess, no doubt.

Here are a few folks to keep an eye on, who all seem to do a good jorb of explaining things:

Gabe Feldman, Sports Law Attorney

Maury Brown, Business of Sports Network

Andrew Brandt, NFL Business Analyst

Liz Mullin, Sports Labor Reporter

Things are up in the air right now, and way more questions than answers, but these folks will be right on top of developments as they occur.

www.twitter.com/DaneNoble

by Dane Noble on Apr 28, 2011 7:34 AM CDT reply actions

The decertification is something the Owners can fight

And probably will depending on how the lockout appeal and negotiations go. There is a word for it but I can’t remember. Basically saying the union decert. was a sham and they are operating as such.

I think the owners know and will still negotiate with the “non-existent” union in hopes if reaching a new CBA.

by TheMan1 on Apr 29, 2011 9:05 AM CDT via mobile reply actions

I m not a labor lawyer, but i have a J.D.

So here is how I understand it. The default is a free market. Each player acting like an independent contractor. The current negotiations occur between the NFL and the players as a class through the law suit. If the NFL institutes any rules for free agency, the are likely acting as a trust and violate antitrust regulations. Once they violate antitrust regulations the players will sue and likely form a class for the purposes of the suit. The NFL can then negotiate with the players as a class to reach an agreement to end the suit. Any agreement is going to require the NFL to reconstitute itself as a union to prevent future antitrust suits against the NFL. If there is not a class to negotiate with, the NFL can still submit proposals to the NFLPA as a trade association. For any deal to work the players would need to reform the union. Any deal without the players forming a union leaves teh NFL open for future antitrust suits, especially from, players who are banned from entering the league (college players).

by MrPants on Apr 29, 2011 11:58 AM CDT reply actions