Many people who have followed the National Football League’s labor problem have heard of a couple things that can confuse people.
To put it simple one federal law prohibits courts from having any jurisdiction over labor disputes.
Think of all the times you hear on the local news about a labor union striking over work conditions in an agreement. Haven’t you ever wonder why labor unions or businesses haven’t taken the problem to court?
The answer is they can’t due to the Norris-Laguardia Act that was passed in 1932. The reason being the law specifically prohibits court from intervening in peaceful labor negotiations.
Before the law was passed businesses were going to court constantly to seek injunctions to breakup strikes that would kill the momentum the union built up.
So, when judge Nelson ruled on the lockout she over stepped her jurisdiction on the NFL lockout. That was actually the exact wording the Eighth Circuit U.S. Court of Appeals gave when ruling on the NFL’s request of a temporary stay of Nelson’s ruling.
You can expect both the Court of Appeals and the U.S. Supreme Court to rule against the players, because if they ruled on the player side they be trampling on the rights of business and tip the scale in favor of all employees everywhere. .
In the end, as my government college professor would say, “Our country is a nation of laws; not a nation of justice.