NFL: Any US labor lawyers here?

GA Russell · 03-13-2011, 11:57 PM

I know nothing about labor law. I don't understand why the NFL owners have locked out the players.

Now that the union has decertified, that means there is no union, right? So why don't the teams just go ahead and sign whoever wishes to join them (not already under contract) for a salary the team and each player agree upon? Why the lockout?

I do understand the anti-trust issue. (I haven't seen any news item bring up the USFL case in which it was determined that the NFL is a monopoly.) So I understand why P Manning is suing that his designation as a franchise player is (without a union agreement) a restraint of trade. And I understand why the Texas Aggie is suing that the draft is also a restraint of trade.

It would seem to me that the teams could simply agree to go forward without the draft and the designations, and just budget their payrolls so as to keep more revenue for themselves. That is to say, they could agree to the plaintiffs' demands (in the absence of a union) and still budget an increased share of the revenue for themselves. What's stopping them? So why the lockout?

captkjaneway · 03-14-2011, 12:14 AM

To be honest any sport which is called football, but in fact consists of mainly throwing, running and catching is a bit weird to me

kindlekitten · 03-14-2011, 07:07 AM

I have -0- sympathy for the players.

none

rhadin · 03-14-2011, 08:30 AM

I think it would be great to have a year without football. It would be interesting to see what the fans would do for entertainment in its absence and it might actually result in less alcoholism. But then I haven't watched any sporting event in more than 25 years, so I'd consider it no loss at all.

dsvick · 03-14-2011, 08:35 AM

Quote:

Originally Posted by kindlekitten

I have -0- sympathy for the players.

none

I don't feel much for the owners either.

kindlekitten · 03-14-2011, 11:20 AM

if anyone wants to watch REAL athletes they should try rodeo and rugby!

Bilbo1967 · 03-14-2011, 11:33 AM

Quote:

Originally Posted by kindlekitten

if anyone wants to watch REAL athletes they should try rodeo and rugby!

Which kind of rugby?

kindlekitten · 03-14-2011, 12:07 PM

Quote:

Originally Posted by Bilbo1967

Which kind of rugby?

the one where everyone ends up donating blood?

Bilbo1967 · 03-14-2011, 12:09 PM

Quote:

Originally Posted by kindlekitten

the one where everyone ends up donating blood?

You're so blood thirsty

kindlekitten · 03-14-2011, 12:27 PM

Quote:

Originally Posted by Bilbo1967

You're so blood thirsty

be kind to animals! hug a rugger!

astrangerhere · 03-15-2011, 09:28 AM

Quote:

Originally Posted by GA Russell

I know nothing about labor law. I don't understand why the NFL owners have locked out the players.

Now that the union has decertified, that means there is no union, right? So why don't the teams just go ahead and sign whoever wishes to join them (not already under contract) for a salary the team and each player agree upon? Why the lockout?

I do understand the anti-trust issue. (I haven't seen any news item bring up the USFL case in which it was determined that the NFL is a monopoly.) So I understand why P Manning is suing that his designation as a franchise player is (without a union agreement) a restraint of trade. And I understand why the Texas Aggie is suing that the draft is also a restraint of trade.

It would seem to me that the teams could simply agree to go forward without the draft and the designations, and just budget their payrolls so as to keep more revenue for themselves. That is to say, they could agree to the plaintiffs' demands (in the absence of a union) and still budget an increased share of the revenue for themselves. What's stopping them? So why the lockout?

I am by no means a labor attorney, and never have been. My practice has been limited to corporate issues (and some criminal). But I found a nice article on Forbes.com explaining some of the issues.

I can answer your "why dont they just hire everyone else" to play football question in one word - Money. NFL fans do not want to see a league full of college washouts and CFL stars. They want to see the people that they know. Its easier for them to sit and collect thier 4 billion dollars from the TV deals (that was the figure agreed upon if not a single game aired in 2011-12) rather than embarass themselves and thier teams by using The Replacements model.

GA Russell · 03-15-2011, 02:57 PM

Thanks for that Forbes link, stranger!

By the way, I believe that Judge Doty's ruling a couple of weeks ago forbids the league from collecting that $4 billion television money while no games are played.

I see that the union now considers itself a "professional trade association". I wonder what the legal difference is between that and a union. That is to say, I wonder what legal rights and powers a professional trade association has, if any.

I would also like to learn more about the concept of a lockout. Does it prevent the teams from signing any contracts with players? Apparently the league will go ahead with its draft despite the lockout.

Again by the way, I will agree that fans would prefer to watch the players they are familiar with. But I think that many fans would be content with watching rookies (in effect college all-stars) if the teams paid the players good money. This reminds me of how popular the USFL was with rookies its first year. Obviously not as popular as the NFL, but much more popular than people expected.

In regard to the money, I don't think that the things the players are suing over are necessary for the success of the league. I think that the league could concede those issues and still do well.

I've never understood why the league, after conducting a draft, pays its rookies such huge amounts of money. I think the way to victory for the league would be to offer its veterans substantial pay increases while paying its rookies low wages.

As I understand it, the league needs a union because the league is a monopoly. But it doesn't have to be this union. I can imagine that the league could persuade many veterans to sign up with increased wages and benefits, with only the highest paid players not getting a better deal. That is to say, will a player turn down $3,000,000 a year because he had expected $4,000,000 a year?

The big stars have already been paid so much money that they don't need to ever play again. It may be best for the owners to just move on and create new stars.

All that being said, I completely support the players' position that if the owners are going to claim that they need the money, they need to open their books and prove it.

03-13-2011, 11:57 PM	#1
GA Russell Montreal wins Grey Cup! Posts: 7,583 Karma: 31484197 Join Date: Aug 2009 Location: Raleigh, NC Device: Paperwhite, Kindles 10 & 4 and jetBook Lite	NFL: Any US labor lawyers here? I know nothing about labor law. I don't understand why the NFL owners have locked out the players. Now that the union has decertified, that means there is no union, right? So why don't the teams just go ahead and sign whoever wishes to join them (not already under contract) for a salary the team and each player agree upon? Why the lockout? I do understand the anti-trust issue. (I haven't seen any news item bring up the USFL case in which it was determined that the NFL is a monopoly.) So I understand why P Manning is suing that his designation as a franchise player is (without a union agreement) a restraint of trade. And I understand why the Texas Aggie is suing that the draft is also a restraint of trade. It would seem to me that the teams could simply agree to go forward without the draft and the designations, and just budget their payrolls so as to keep more revenue for themselves. That is to say, they could agree to the plaintiffs' demands (in the absence of a union) and still budget an increased share of the revenue for themselves. What's stopping them? So why the lockout?

03-15-2011, 02:57 PM	#12
GA Russell Montreal wins Grey Cup! Posts: 7,583 Karma: 31484197 Join Date: Aug 2009 Location: Raleigh, NC Device: Paperwhite, Kindles 10 & 4 and jetBook Lite	Thanks for that Forbes link, stranger! By the way, I believe that Judge Doty's ruling a couple of weeks ago forbids the league from collecting that $4 billion television money while no games are played. I see that the union now considers itself a "professional trade association". I wonder what the legal difference is between that and a union. That is to say, I wonder what legal rights and powers a professional trade association has, if any. I would also like to learn more about the concept of a lockout. Does it prevent the teams from signing any contracts with players? Apparently the league will go ahead with its draft despite the lockout. Again by the way, I will agree that fans would prefer to watch the players they are familiar with. But I think that many fans would be content with watching rookies (in effect college all-stars) if the teams paid the players good money. This reminds me of how popular the USFL was with rookies its first year. Obviously not as popular as the NFL, but much more popular than people expected. In regard to the money, I don't think that the things the players are suing over are necessary for the success of the league. I think that the league could concede those issues and still do well. I've never understood why the league, after conducting a draft, pays its rookies such huge amounts of money. I think the way to victory for the league would be to offer its veterans substantial pay increases while paying its rookies low wages. As I understand it, the league needs a union because the league is a monopoly. But it doesn't have to be this union. I can imagine that the league could persuade many veterans to sign up with increased wages and benefits, with only the highest paid players not getting a better deal. That is to say, will a player turn down $3,000,000 a year because he had expected $4,000,000 a year? The big stars have already been paid so much money that they don't need to ever play again. It may be best for the owners to just move on and create new stars. All that being said, I completely support the players' position that if the owners are going to claim that they need the money, they need to open their books and prove it. Last edited by GA Russell; 03-15-2011 at 02:59 PM.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Nfl Recipe -- Almost done need a little help	TonytheBookworm	Recipes	11	09-28-2010 12:01 PM
BN Deals for Labor Day	mikaelalind	Deals and Resources (No Self-Promotion or Affiliate Links)	1	09-04-2010 07:17 AM
Any Lawyers using iRex DR??	ostler99	iRex	2	12-18-2009 07:11 PM
PRS-300 Labor Day	aceflor	Sony Reader	12	09-07-2009 11:42 PM
A question for the lawyers...	Stitchawl	Lounge	13	08-18-2009 12:23 AM

03-14-2011, 12:14 AM	#2
captkjaneway Cockney Sci-Fi Geek! Posts: 472 Karma: 1463094 Join Date: Jul 2010 Location: Wan Chai, Hong Kong Device: Kindle Paperwhite, Samsung Tab S 8.4", Samsung S6 Edge	To be honest any sport which is called football, but in fact consists of mainly throwing, running and catching is a bit weird to me

03-14-2011, 07:07 AM	#3
kindlekitten Professional Adventuress Posts: 13,368 Karma: 50260224 Join Date: Sep 2009 Location: The Olympic Peninsula on the OTHER Washington! (the big green clean one on the west coast!) Device: Kindle, the original! Times Two! and gifting an International Kindle	I have -0- sympathy for the players. none

03-14-2011, 08:30 AM	#4
rhadin Literacy = Understanding Posts: 4,833 Karma: 59674358 Join Date: Dec 2007 Location: The World of Books Device: Nook, Nook Tablet	I think it would be great to have a year without football. It would be interesting to see what the fans would do for entertainment in its absence and it might actually result in less alcoholism. But then I haven't watched any sporting event in more than 25 years, so I'd consider it no loss at all.

03-14-2011, 11:20 AM	#6
kindlekitten Professional Adventuress Posts: 13,368 Karma: 50260224 Join Date: Sep 2009 Location: The Olympic Peninsula on the OTHER Washington! (the big green clean one on the west coast!) Device: Kindle, the original! Times Two! and gifting an International Kindle	if anyone wants to watch REAL athletes they should try rodeo and rugby!

Advert

Advert