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Leagues and Governing Bodies

NFL Lockout Watch, Day 77: League Asks Appeals Court To Declare Case A Labor Conflict

The NFL asked the 8th Circuit Court of Appeals Thursday night for a broad ruling, not only overturning a lower court’s decision enjoining the lockout, but declaring the conflict between players and league a labor one. That would set the grounds for a motion to dismiss the antitrust lawsuit filed against the league by 10 players. The reply brief is the last step before the two sides square off in court on June 3. The 8th Circuit already has stayed the lower court’s ruling, strongly suggesting it would overturn it. What is before the 8th Circuit is whether the lockout can stay, but the league is hoping for much more. Speaking earlier this week, NFL outside counsel David Boies said to have a good chance at getting Brady v. NFL dismissed, the league needed more than a ruling that the lower court overstepped its jurisdiction in enjoining the lockout, but one that declared the dispute a labor one, which would preclude the antitrust case. The NFL in the brief Thursday said, “This court should reverse the district court’s improper injunctions, but should also make clear that the solution to this dispute over terms and conditions of employment lies with the labor laws and not in the antitrust courts.” The league also took issue with the players’ claim they suffer potential harm from a loss of a season. “The lockout does not have to result in the loss of a season,” the league said. “To the contrary, the sooner the extraneous antitrust litigation threats are removed from the equation, the sooner the parties will resolve their labor dispute, and the sooner football will resume.” And the league took issue with a term the players used in their brief last week that got much attention, calling the NFL a “cartel.” Instead, the NFL described itself a multiemployer bargaining unit (Daniel Kaplan, SportsBusiness Journal).

DREW BREES WEIGHS IN: Saints QB and NFLPA Exec Committee member Drew Brees on Wednesday discussed the ongoing lockout, suggesting that former union Exec Dir Gene Upshaw's death in August '08 was the "starting point for the league's first work stoppage in 24 years." Brees said, "Ever since Gene Upshaw passed away -- I'm just going to lay it all out there -- the owners saw blood in the water. They felt like, 'This is our opportunity to take a significant piece of the (financial) pie back at all costs, a piece that we will never have to give back again. This is our chance, while they don't have leadership, while they're scrambling to find a new executive director. This is our time.' I can point to about five different things to prove to you that they were ready to lock us out." He continued, "Their philosophy was, We're going to give you a very subpar deal, a slap-in-the-face deal, and hope that you'll accept it because hopefully we've intimidated you enough into thinking that this is a take-it-or-leave-it deal, and you're just going to succumb to the pressure. Well, guess what. We're a lot more informed and educated than in the past, and we're much better businessmen than you think and we're going to stand up for what is right and what is fair." A league official declined comment on the owners' most recent CBA proposal, but he "scoffed at the notion the NFL isn't serious about reaching an agreement." Still, Brees said, "If we miss football games because of this lockout, it would be the dumbest thing ever. It would be detrimental to this game" (Jim Trotter, SI.com, 5/26).  

Loomis feels three weeks would be enough time
for teams to sign draft picks, free agents
THE CLOCK IS TICKING: Several NFL GMs said that "getting a deal done by the early part of July would be necessary because of the time needed to sign free agents, draft picks and undrafted players in advance of training camp." Saints GM Mickey Loomis during this week's NFL meetings in Indianapolis said, "You do it in whatever time they give you, but two or three weeks would be enough probably." YAHOO SPORTS' Jason Cole wrote if there is a "silver lining to the figurative cloud that passed over the league’s meetings, it is that there’s still enough time to get a deal done to save the regular season and even training camp." Another GM suggested that "all the signings and other preparation could be done in as little as seven to 10 days" (SPORTS.YAHOO.com, 5/26).

WHAT ABOUT US? In Pittsburgh, Ed Bouchette noted NFL player agents "have been virtually left out in the cold through the whole negotiation process, which directly affects their clients." Agent Joe Linta believes that a "majority of players might even go for the latest deal presented by the owners if given the chance." Noting the ongoing litigation, he said, "These guys are driving these players right off a cliff right now. I told a father of one of my players who got drafted, it’s 50-50 this season is not going to happen. These coaches are starting to go looney-toon too" (POST-GAZETTE.com, 5/24). NFL player agent Jason Chayut "fired back at Linta" on Thursday. Chayut said, "Financially, agents have to withstand this situation as much as the players. I don't know if that (financial) stress or pressure is on (Linta). ... But it seems self-serving to go public with that sort of demand." He added, "If Joe was really that frustrated, this seems like a July conversation right before training camp and not a May conversation. I just don't know the purpose of (what he said)." A "handful of players stood up for Linta," including Eagles S Quintin Mikell, but several agents "backed up Chayut by saying they did not sense any significant fracturing despite the increasing possibility of missed paychecks" (N.Y. POST, 5/27).

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