The class counsel for the players in the Tom Brady v. NFL case have written a letter to U.S. District Judge Susan Nelson, saying they are willing to engage in court-supervised mediation to resolve the lawsuit against the league immediately. Meanwhile, the league sent a letter Thursday to the decertified NFLPA, asking that the players engage in collective bargaining mediations under the auspices of Federal Mediator George Cohen, according to sources and media reports. Any mediations between the players and the league could potentially result in a settlement to resolve the labor dispute between the two sides. The NFLPA decertified as a union on March 11, and the NFL locked players out on March 12. In the letter to Nelson, the counsel for the Brady plaintiffs wrote, "We are writing in response to the Court's suggestion that the parties engage the services of the federal court in Minnesota in an effort to mediate and settle the current litigation. We take your comments regarding protecting the parties positions to heart. As class counsel on behalf of the Brady class, we think this is an excellent suggestion and are prepared to engage in such mediation without delay." The letter, signed by Barbara Berens, one of the attorneys representing Brady and nine other football players seeking to represent all NFL players as a class, continued, "Our agreement is, of course, contingent on the NFL defendants' agreement that they will not attempt to use this, our willingness to mediate, against the Brady class in some way, for example by arguing that such mediation efforts constituted 'collective bargaining' or otherwise arise out of a 'labor relationship.'" The reason the NFL wants collective bargaining under Cohen and the players want a mediation supervised by the court is because the NFL maintains the NFLPA is still a union, while the NFLPA maintains it is decertified. If the NFLPA is not a union, the NFL is subject to potential liability that its lockout is illegal under U.S. antitrust laws (Liz Mullen, SportsBusiness Journal).
SUBTLE SHIFT: In N.Y., Judy Battista notes the NFL's letter "indicated a subtle shift from its earlier position that all talks should be in the form of collective bargaining with the union." A source said that the letter "proposes negotiations with owner involvement." The letter also said that players "would be given assurances that they would not compromise any legal position as a result of the discussions if those talks did not lead to a deal that eliminated the legal actions." However, a source briefed on the players' position said that they "were concerned that talks led by Cohen could later be used against them, despite the assurances in the league's letter." The players also "view the earlier mediation under Cohen as a failure" (N.Y. TIMES, 4/8). NFL Exec VP & General Counsel Jeff Pash in the letter wrote, "We are prepared to resume discussions as promptly as possible and to have significant ownership involvement in those discussions" (ESPN.com, 4/7).
ALL AMOUNTING TO NOTHING: In DC, Mark Maske cites sources on both sides as saying that "neither side was interested in the other's conditions for renewed talks." An NFL source said that the league "remained uninterested in lawsuit settlement negotiations" (WASHINGTON POST, 4/8). In Boston, Greg Bedard writes the letters "amounted to public relations moves, but nothing of substance." The "only way it appears any real talks would commence is if Nelson steps in and brokers a deal" (BOSTON GLOBE, 4/8). In Philadelphia, Jonathan Tamari writes the competing proposals "likely mean that there will be little progress on a new labor deal until pending court cases play out over the coming months," unless Nelson "orders the sides to resume negotiations" (PHILADELPHIA INQUIRER, 4/8).
TIME FOR PROGRESS: YAHOO SPORTS' Jason Cole wrote the NFL's proposal is a "surrender." Cole: "While the players have obvious mistrust of the owners after the whole TV contract debacle, the reality is that what the owners are offering in terms of a venue and conditions is both fair and sensible. ... It's time for the players and the decertified NFL Players Association to be wise, accept the offer and not take this as an opportunity to bludgeon the league" (SPORTS.YAHOO.com, 4/7). SI.com's Don Banks wrote, "In recent memory has there been a worse 30 days to be a pro football fan, with all the non-stop spin, lawyer-issued legalese and mind-numbing rhetoric that this spectacularly ill-timed squabble between the league and its players has subjected us to?" A "month or so into what should have been another busy NFL offseason, we're still staring at what ultimately might wind up being the NFL's lost season" (SI.com, 4/7).
PLAYER ISSUES: Ravens LB Ray Lewis Wednesday said that he "doesn't have a gut feeling on whether there will be a full 16-game NFL season this year." When asked why, Lewis said he is "on the inside of it talking to" NFLPA Exec Dir DeMaurice Smith and other NFLPA officials. But he added, "A lot of it, I'm totally away from them because I look at it totally different, and I'll share that at another time" (Baltimore SUN, 4/8). In Indianapolis, Mike Chappell notes players "do not start earning their paychecks until the start of the regular season," and Colts G Kyle DeVan said, "My financial adviser and I worked together on very conservative investments. We don't know how long this lockout is going to go, so I'm going to need more cash than I typically would during a normal offseason. I'm not out buying things I don't need. I'm not taking too crazy of vacations. I'm trying to keep it simple and staying within my means right now." Colts CB Jerraud Powers added, "It's all about how you handle your lifestyle. I'm not a crazy-lifestyle guy. I'm a country boy from Alabama who likes to sit at home all day" (INDIANAPOLIS STAR, 4/8). Meanwhile, in Atlanta, D. Orlando Ledbetter reported former Univ. of Georgia WR A.J. Green, "one of the top" NFL Draft prospects, "will attend" the draft proceedings in N.Y. Green said, "I'm going to New York. I know I'm going to have a great time" (AJC.com, 4/7).
