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NFL Argues That NFLPA Waited Too Long For Collusion Complaint
Published August 17, 2012
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The brief also quotes NFLPA Exec Dir DeMaurice Smith saying in March ‘10, “[Y]ou see almost a uniform decrease (in club payrolls) … Virtually all of them are down. That’s something you wouldn’t expect in a completely free market.” The argument was a new line of attack from the NFL. The brief included the league’s other arguments, most notably that the current CBA, legal settlement agreement from last year and the dismissal of the lawsuits that ended the lockout all contained language barring the collusion lawsuit. But the NFL also appeared to be poking at the union, saying if its players feel they should bring a lawsuit, it should be one against their own union. “If a member of the NFLPA’s bargaining unit is now unhappy with that Dismissal, his remedy is a claim against the NFLPA for breach of the duty of Fair representation, not a petition to this Court to reopen an expired settlement Agreement.”
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