NFL Labour Issues: Decertification and legal battle a “lock”

From Sports Illustrated:

http://sportsillustrated.cnn.com/2011/writers/michael_mccann/03/03/labor/index.html

1) Given that the owners (and the NFL) can’t (or won’t) prove what
their trouble is, I think we have an impasse that will move to the
next stage.

2) Lockout occurs.

3) Probably decertification happens. It’s what I would do.

4) However, given the legal framework discussed in the article, I have
the following conclusions:
a) The players lose the lawsuit against the draft, the cap, revenue
sharing, and free agency. These things are clearly pro-competition.
You are talking about competition over a limited resource (ie the
number of payton mannings) therefore, special competition rules are
allowed (see bandwidth wholesaling in canada). Further, parity and
competition have only improved in all leagues where these things are
done. Only a judge who has no understanding of sports or economics
could be duped by this. The only other issue is a judge who really
thinks that 4 teams with all the stars is the best.

b) The players win on the 3 years out of highschool rule and they
likely win the right to some revenue sharing.

5) The other place the union will lose (particularly if it
decertifies, and also, I think that the NFL should have little trouble
proving that the decert was in bad faith) is on the 18 games. As long
as the NFL is willing to compensate based on the increase work and
risks, the union (or trade assoc) will not be able to stop it. It
would be just the same as a regular employer adding duties to an
existing union. As long as the payment is fair, the union can’t stop
it. Certainly, you could delay and take the payment to arbitration,
but you’d still have to do the work. Unless they could prove that the
extra game is as dangerous as requiring workers to wear asbestos nose
plugs or something, and that seems unlikely.

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