The National Football League Players Association opted to file for desertification after one last offer from NFL owners.
After reading what the NFL offered the NFLPA are a bunch of morons.
I can say with confidence that if Gene Upshaw was still alive and the executive director of the NFLPA that there would be a new collective bargaining agreement as he would have jumped all over it. The reason being the NFL made so many concession to the NFLPA to get a deal done.
However, that wasn’t enough the NFLPA wanted 10 years of financial audits for every team. It didn’t matter what the NFL did it was either provide the records or face desertification. The biggest being that current players can remain in the players medical plan for life.
Just because judge David Doty ruled in favor of the players in regards to the lockout insurance case that doesn’t mean he always will. Nor, other judges on appeal will as well.
It is my opinion that NFLPA will lose its antitrust lawsuit due to this passage in the Supreme Courts decision in American Needle v National Football League.
Conversely, the Court has found that although the entities may be “separate” for purposes of incorporation or formal title, if they are controlled by a single center of decisionmaking and they control a single aggregation of economic power, an agreement between them does not constitute a“contract, combination . . . or, conspiracy.”
In other words the Supreme Court ruled that in essence they are one entity, but their decision making cannot restrict trade or competition among the team. For example, the NFL entering an agreement for an official beer of the league is fine, because it is not restricting trade amongst the teams to sign their own sponsors.
In regards to a labor agreement the NFL would be exempt from antitrust litigation, because it is one entity entering an agreement with another sole entity. Also, the labor agreement doesn’t restrict trade and competition between the teams. If anything it helps facilitate it.
In the end, the NFLPA is going to get a brought back down to reality real soon.