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Volume 24 No. 154
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NFL Asks Court To Deny NFLPA's Motion That Could Halt Lockout

The NFL today filed a legal memorandum asking a federal court to deny a motion filed by NFL players asking that the NFL lockout be enjoined, questioning whether the NFLPA had legally decertified as a union. The U.S. District Court in Minnesota is scheduled to hear arguments in the players’ class action antitrust suit, Tom Brady v the NFL, on April 6 on whether the court should issue an injunction against the NFL lockout. But the NFL in its legal brief today said that the court should stay this case pending a decision by the NLRB, which is currently investigating the NFL’s unfair labor practices charge it filed against the NFLPA on Feb. 14.

The NFL in its brief said the NFL lockout “is unquestionably lawful and permitted by federal labor law” and questioned whether the NFLPA legally decertified as a union. “A union cannot, by a tactical declaration akin to the flip of a switch, transform a multiemployer bargaining unit’s lawful use of economic tools afforded it under the labor laws into an antitrust violation giving rise to treble damages and injunctive relief,” the NFL said.

The NFL said questions about whether the NFLPA legally renounced its status as a labor union with collective bargaining rights should be under the jurisdiction of the NLRB.

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