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orange
09-11-2010, 03:25 PM
The NFL Players Association is handing out voting cards to the players that could lead to decertification of the union.
Updated Sep 11, 2010 3:21 PM ET
NEW YORK (AP)


A person familiar with the union's plans tells The Associated Press that players from all 32 teams will be asked to consider decertification, which could prevent the owners from locking out the players after the collective bargaining agreement expires in March.

The person spoke on the condition of anonymity because the union has not announced its plans.

Should the union decertify, it could have the right to sue the league under antitrust laws if the players are locked out.

The story was first reported by the Sports Business Journal.

http://msn.foxsports.com/nfl/story/NFL-Players-Union-decertification-vote-091110

orange
09-11-2010, 03:27 PM
Original article:

Union seeks authority to decertify
NFLPA handing out voting cards to players; move could prevent lockout by owners
Liz Mullen
Staff writer

Published September 13, 2010 : Page 01

The NFL Players Association has begun handing out voting cards that would allow players to authorize the decertification of the union, a move that could prevent the NFL from locking players out when the collective-bargaining agreement expires in March.

The NFLPA plans to ask the players on all 32 clubs to vote to authorize decertification when NFLPA Executive Director DeMaurice Smith visits each club on his annual fall tour of locker rooms, sources said. New Orleans Saints players have already voted to authorize decertification at their union meeting last week, a source said.

“We have started to hand out voting cards to players authorizing us pursuant to the CBA to take action with respect to the NFLPA’s bargaining status prior to the CBA’s expiration on March 3, 2011,” states a letter sent to players and obtained by SportsBusiness Journal. “The cards will allow us to maximize the protection of your interests and rights when the CBA expires.”

If the NFLPA were to decertify, it would, in effect, operate as a trade organization but cease to be a union. If the league then tried to lock out players, the NFLPA could sue the NFL under U.S. antitrust laws and contend the league was conducting a group boycott, which is illegal. It could not sue the NFL if it remained a union with collective-bargaining authority for its members, under the labor exemption to antitrust laws.

The NFLPA’s letter reveals that union leadership continues to believe the league is poised to lock players out as soon as the CBA expires in March, and wants the option to act.

The letter says decertification “does two things for us: First, it gives a very firm deadline to the NFL to reach a new CBA with us before the current one expires, and before we end our status as a union. Second, it allows us to file an antitrust challenge against the lockout they are likely to impose the day after expiration.”

The letter does not present decertification as a fait accompli, but rather as giving the union the option to use that leverage if the need arises.

It also indicates that the union wants the option to decertify before the CBA expires. The letter states that if the NFLPA were to wait until after the CBA expires to decertify, it could not sue the NFL for six months.

If the union were to try to decertify, the league would likely sue the NFLPA, challenging the decertification as a “sham” and saying the NFLPA was still acting as a union but only filing to gain access to the antitrust laws. A source close to the league has told SportsBusiness Journal in the past that the NFL would have a strong case, because the NFLPA decertified in 1989, only to become a union again in 1993, after it won a jury trial in the Reggie White v. NFL case.

But the union has long contended that it has the right to decertify under the White settlement. That settlement was the basis for the current CBA, which was first agreed to in 1993 and has been extended several times.

NFLPA officials could not be reached for comment for this story.

Because the union has decertified before, the move cannot be considered a surprise. But Smith, although he has indicated publicly in the past that decertification was an option, has not leveled the strategy as a threat. That stands in contrast to his predecessor, the late Gene Upshaw, who, before he died in August 2008, said loudly and repeatedly that if the NFL were to try to lock players out, “We won’t be here.”

Decertification would also allow the union to legally challenge any NFL plan to unilaterally implement a new labor system. If the union won in court, the NFL could be forced to pay treble damages to the union.

Although there are advantages to the union decertifying, namely allowing it to gain access to the antitrust laws, there are disadvantages as well. Not only would the NFLPA not be able to collectively bargain for its members, it could not bring grievances for them and could not compel them to pay dues or control their marketing rights. When the union decertified in 1989, the league and the NFLPA, acting as a trade association, competed with each other for players’ marketing and licensing rights.

http://www.sportsbusinessjournal.com/article/66916

Bane
09-11-2010, 03:28 PM
Damn.Nasty stuff right there.:banghead:

Marcellus
09-11-2010, 03:31 PM
Sounds like they are getting desperate.

Brainiac
09-11-2010, 03:36 PM
The NFLPA decertified once before, way back in 1989 when Gene Upshaw was its president. It didn't work then, so I question whether it would work now.

eazyb81
09-11-2010, 03:36 PM
Fuck, do we really have to listen to the same crap for the next 6 months?

I couldn't care less if they go on strike. Life will go on.

Both sides are f'n drama queens.

Brock
09-11-2010, 03:37 PM
It's not a strike, it's a lockout.

Bane
09-11-2010, 03:38 PM
The NFLPA decertified once before, way back in 1989 when Gene Upshaw was its president. It didn't work then, so I question whether it would work now.

Way more $$$ at stake now. I doubt there were any billion dollar teams in 89.Sounds like it's gonna be a fuggn mess for sure.

Brainiac
09-11-2010, 03:39 PM
Way more $$$ at stake now. I doubt there were any billion dollar teams in 89.Sounds like it's gonna be a fuggn mess for sure.
I agree it will be fuggn mess. I think the bigger difference now is that the big market owners are looking to screw over the small market owners. That wasn't the case back then.

rad
09-11-2010, 03:40 PM
Shit just got real.

orange
09-11-2010, 03:42 PM
The NFLPA decertified once before, way back in 1989 when Gene Upshaw was its president. It didn't work then, so I question whether it would work now.

It DID WORK then - as the article plainly states.

the NFLPA decertified in 1989, only to become a union again in 1993, after it won a jury trial in the Reggie White v. NFL case.



[edit] more:

Faced with cracks in union support, the willingness of the networks to broadcast the replacement games, and hostile public sentiment, the union voted to go back to work on October 15, 1987 without a collective bargaining agreement. They had to wait another week to get back on the field, however, since they hadn't come back by the owners' deadline. The union filed a new antitrust suit that same day.

The Court of Appeals ultimately rejected that suit on the ground that the labor exemption from antitrust liability protected the employers, even though the union was no longer party to a collective bargaining agreement that would have permitted the practices that the union was challenging. In response, the union formally disclaimed any interest in representing NFL players in collective bargaining and reformed itself as a professional organization in 1989. Having done that, the following year union members, led by Freeman McNeil of the New York Jets, brought a new antitrust action against the NFL challenging its free agency rules as an unlawful restraint of trade.

The players ultimately prevailed, after a jury trial on their claims, in that action. That verdict, the pendency of other antitrust cases and the threat of a class action filed by Reggie White, then with the Philadelphia Eagles, on behalf of all NFL players brought the parties back to the negotiating table. They finally agreed on a formula that permitted free agency. In return, the owners demanded and received a salary cap, albeit one tied to a formula based on players' share of total league revenues. The agreement also established a salary floor - minimum payrolls all teams were obliged to pay.

http://en.wikipedia.org/wiki/National_Football_League_Players_Association#1987_strike_and_decertification

-King-
09-11-2010, 03:46 PM
Fuck, do we really have to listen to the same crap for the next 6 months?

I couldn't care less if they go on strike. Life will go on.

Both sides are f'n drama queens.

FUCK THAT!


I want my fucking football.

Psyko Tek
09-11-2010, 05:03 PM
Fuck, do we really have to listen to the same crap for the next 6 months?

I couldn't care less if they go on strike. Life will go on.

Both sides are f'n drama queens.

you are right
start this crap up after the season

they can work on it
but I really don't wanna here it

KCtotheSB
09-11-2010, 05:24 PM
If Kansas City wins the Super Bowl this season, that just gives us an extra year or two to celebrate! :)

PRIEST
09-11-2010, 05:28 PM
****, do we really have to listen to the same crap for the next 6 months?

I couldn't care less if they go on strike. Life will go on.

Both sides are f'n drama queens.


THIS

Jerm
09-11-2010, 05:30 PM
It really baffles me to think that either side is even contemplating a work stoppage and risking what is the greatest cash cow in American sports right now...unbelievable.

Did these buffoons not see what happened to MLB and NHL after their labor problems???

Chiefs Pantalones
09-11-2010, 05:41 PM
It really baffles me to think that either side is even contemplating a work stoppage and risking what is the greatest cash cow in American sports right now...unbelievable.

Did these buffoons not see what happened to MLB and NHL after their labor problems???

That's why it won't happen. I think it's a safe bet that there won't be a lockout. This is just the drama that was inevitably going to come with it.

Chiefshrink
09-11-2010, 05:44 PM
It's called DeMaurice Smith:rolleyes: