Mooche
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NFLPA Decertifies. We're headed to Lockout
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I just hope it happens before the draft... It would be so boring without trades.
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Most definitely lol. Although I usually only watch the first 10 picks usually and then change the channel but since the Lions are at 13 I got to watch more this year haha. And Bilicheck is gonna not be able to do his usual trade shit on draft day either lol.
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Update:
[font="Georgia][font="Georgia][/font]
[quote][font="Georgia]The fact that the NFL has locked out a supposedly non-union work force implies that the league believes the union has not properly and effectively decertified.[/font]
[font="Georgia]And NFL has not expressly said so.[/font]
[font="Georgia]"The union only pretended to decertify in 1990," NFL outside counsel Gregg Levy said in a statement provided to PFT. "As history has confirmed, that purported decertification was a sham. In an effort to protect its ability to repeat the fraud a second time, the union tried in the[i]White[/i] settlement to limit the NFL's ability to challenge in an antitrust court any future attempt by the union to pull off a similar sham. But that limitation could have applied only if the purported decertification occurred after expiration of the Stipulation and Settlement Agreement. The union was in such a rush to get to court that it did not wait until SSA expiration. The league is therefore free to show that this 'decertification' is also a sham."[/font]
[font="Georgia]Levy is referring to Article LVII, Section 3(b) of the CBA, which states as follows: "The Parties agree that, [i]after the expiration of the express term of this Agreement[/i], in the event that at that time or any time thereafter a majority
of players indicate that they wish to end the collective bargaining status of the NFLPA on or after expiration of this Agreement, the NFL and its Clubs and their respective heirs, executors, administrators, representatives,
agents, successors and assigns waive any rights they may have to assert any antitrust labor exemption defense based upon any claim that the termination by the NFLPA of its status as a collective bargaining representative is Article LVII, Mutual Reservation of Rights: Labor Exemption or would be a sham, pretext, ineffective, requires additional steps, or has not in fact occurred." (Emphasis added.)[/font]
[font="Georgia]The problem for the players is that Article LVII, Section 3(a) of the CBA required them to wait six months before filing an antitrust lawsuit if they failed to file it before the expiration of the labor deal. So they've opted, apparently, to file the lawsuit in accordance with the terms of the CBA and hope that they can cobble together an argument that will allow the waiver of the "sham" defense to still apply.[/font]
[font="Georgia]The league's position is pretty simple. By failing to wait until the CBA expired to decertify, the plain terms of the agreement preserves the league's ability to argue that the process of shutting down the union is a sham.[/font]
[/quote][font="Georgia][/font]
[/font]
[url="http://profootballtalk.nbcsports.com/2011/03/12/league-claims-decertification-came-too-early-to-avoid-sham-defense/"]
Pro Football Talk[/url]
Amazing how nobody thought of that 24 hours ago. Good catch by the league though.
[font="Georgia][font="Georgia][/font]
[quote][font="Georgia]The fact that the NFL has locked out a supposedly non-union work force implies that the league believes the union has not properly and effectively decertified.[/font]
[font="Georgia]And NFL has not expressly said so.[/font]
[font="Georgia]"The union only pretended to decertify in 1990," NFL outside counsel Gregg Levy said in a statement provided to PFT. "As history has confirmed, that purported decertification was a sham. In an effort to protect its ability to repeat the fraud a second time, the union tried in the[i]White[/i] settlement to limit the NFL's ability to challenge in an antitrust court any future attempt by the union to pull off a similar sham. But that limitation could have applied only if the purported decertification occurred after expiration of the Stipulation and Settlement Agreement. The union was in such a rush to get to court that it did not wait until SSA expiration. The league is therefore free to show that this 'decertification' is also a sham."[/font]
[font="Georgia]Levy is referring to Article LVII, Section 3(b) of the CBA, which states as follows: "The Parties agree that, [i]after the expiration of the express term of this Agreement[/i], in the event that at that time or any time thereafter a majority
of players indicate that they wish to end the collective bargaining status of the NFLPA on or after expiration of this Agreement, the NFL and its Clubs and their respective heirs, executors, administrators, representatives,
agents, successors and assigns waive any rights they may have to assert any antitrust labor exemption defense based upon any claim that the termination by the NFLPA of its status as a collective bargaining representative is Article LVII, Mutual Reservation of Rights: Labor Exemption or would be a sham, pretext, ineffective, requires additional steps, or has not in fact occurred." (Emphasis added.)[/font]
[font="Georgia]The problem for the players is that Article LVII, Section 3(a) of the CBA required them to wait six months before filing an antitrust lawsuit if they failed to file it before the expiration of the labor deal. So they've opted, apparently, to file the lawsuit in accordance with the terms of the CBA and hope that they can cobble together an argument that will allow the waiver of the "sham" defense to still apply.[/font]
[font="Georgia]The league's position is pretty simple. By failing to wait until the CBA expired to decertify, the plain terms of the agreement preserves the league's ability to argue that the process of shutting down the union is a sham.[/font]
[/quote][font="Georgia][/font]
[/font]
[url="http://profootballtalk.nbcsports.com/2011/03/12/league-claims-decertification-came-too-early-to-avoid-sham-defense/"]
Pro Football Talk[/url]
Amazing how nobody thought of that 24 hours ago. Good catch by the league though.
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