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SBD/March 22, 2011/Leagues and Governing Bodies
NFL Lockout Watch, Day 11: League Asks Court To Keep Lockout In Place
Published March 22, 2011
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The NFL yesterday filed a legal memorandum asking that a federal court deny a motion filed by NFL players asking that the NFL lockout be enjoined for a number of reasons, including questions about whether the NFLPA had legally decertified as a union. The U.S. District Court in
STATE YOUR CASE: In L.A., Sam Farmer noted the NFL in essence is arguing that Congress has "barred judges from stopping lockouts as part of the Norris-La Guardia Act, which was intended to limit the ability of employers to crack down on strikes." The league contends that the "door swings both ways and that law also protects an employer's right to impose a lockout." The NFL also argues that it is "confronted with a Catch-22, saying the NFLPA is simultaneously trying to force league operations to continue, and make antitrust claims if the NFL attempts to act collectively." Furthermore, the league said that the NFLPA still is "acting like a union ... and therefore has not truly decertified" (L.A. TIMES, 3/22). The NFL's brief also argues that "both the owners and the players would be placed in 'an untenable position' if an injunction is granted and then the NLRB ruled that the union needed to reconstitute and resume bargaining." The league contends that the National Labor Relations Act "does not recognize a union's disclaimer made in bad faith or used as a 'tactical maneuver'" (NEWSDAY, 3/22). In DC, Mark Maske notes yesterday's filing to Judge Susan Nelson "raised the prospect of a lockout that could continue beyond the April 6 hearing that she has scheduled on the players’ request to end the lockout." One NFL official yesterday said that he "doesn’t expect the NLRB to complete its investigation for at least a few more weeks," adding that the "entire process, including appeals, could last a year" (WASHINGTON POST, 3/22). YAHOO SPORTS' Jason Cole wrote the brief is "convincing enough that the owners might have a real chance of maintaining the lockout and getting leverage on the players." With that in mind, the players "might want to reconsider coming back to the table for talks just in case" (SPORTS.YAHOO.com, 3/21).
LEAGUE REJECTS OFFER TO DISCUSS LAWSUIT SETTLEMENT: NFL outside counsel Gregg Levy formally responded in writing this morning to lawyers for the players suing the league, rejecting their offer of meeting to discuss settlement of the case, a source said. The league made it clear to reporters yesterday that it would only entertain collective bargaining negotiations, but the NFLPA decertified. The league contended in its brief filed with a federal court yesterday, where the players’ filed their antitrust lawsuit, that the decertification is not valid. Today’s letter was sent to the class counsel, Jeffrey Kessler and Jim Quinn, and reiterated the NFL would only meet to recommence collective bargaining. Quinn and Kessler sent the letter yesterday to Levy offering settlement discussions. The league clearly does not want to meet under the terms set by the letter because it would be a de facto recognition that there is no longer a union. The developments make it clear there is little to any chance of discussions between the two sides before the April 6 hearing in the Minnesota federal court. The players have asked the court to issue an injunction to lift the lockout imposed by the league on March 12 (Daniel Kaplan, SportsBusiness Journal). Meanwhile, Patriots President Jonathan Kraft yesterday said that he hopes Patriots QB Tom Brady "had mixed emotions about playing such a prominent role" in the lawsuit filed against the NFL. Kraft said, "On a personal level, myself and I think every member of my family, feels extremely close to Tom. I'd like to think Tom was conflicted before he made that decision, but you'd have to talk to Tom about it. He obviously feels like, I guess, that he made a business decision that was the right thing for him. I'd like to think he was conflicted in making it, but I don't know that" (ESPNBOSTON.com, 3/21).
ROSS SPEAKS OUT: Dolphins Owner Stephen Ross yesterday said that he "dislikes the way unions often operate, whether they represent government employees, construction workers or football players." Ross: "The unions have kind of exceeded their bounds, if you know what I mean, in just about every aspect of life." He also called the players' demands "extraordinary," citing in particular their desire for a percentage of gross revenues (PALM BEACH POST, 3/22).