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SteelCityMom
03-14-2011, 03:10 PM
New judge assigned to players' antitrust lawsuit vs. league



NFL.com Wire Reports
Published: March 14, 2011 at 10:57 a.m.
Updated: March 14, 2011 at 02:59 p.m.



An April 6 hearing date has been set in the federal antitrust lawsuit (http://www.nfl.com/goto?id=09000d5d81eb9269) filed by players against the NFL.

The players filed a request last week for an injunction that would keep the NFL and the teams from engaging in a lockout, which took effect at midnight Friday.

The hearing is scheduled to be in front of U.S. District Judge Susan Richard Nelson in Minnesota.

The case first went to Judge Richard Kyle, who recused himself for unspecified reasons. It was reassigned to Judge Patrick Schiltz. On Monday, Schiltz cited a conflict of interest because he represented the NFL in several cases as a private practice attorney. The case then went to Nelson.

The case will not be reassigned, a players union source told NFL Network insider Jason La Canfora. The players wanted the case heard before Judge David Doty, who has overseen NFL labor matters since the early 1990s.

The case was filed in Doty's district for a reason but assigned randomly. Doty will still oversee the case of the network television revenue dispute between the players union and owners.

Earlier this month, Doty ruled that the NFL violated the collective bargaining agreement by making deals with television networks that involve continued payments during a lockout. Doty has ordered another hearing to determine whether the players will receive financial damages or an injunction preventing the league from collecting the money during a lockout.

Meanwhile, The National Labor Relations Board continues to investigate the NFL's claim that the NFLPA did not negotiate in good faith and "surface bargained" with intent of eventually decertifying, public affairs officer Nancy Cleeland told La Canfora.

The league is contending that the NLRB has the authority to force the union back to the bargaining table despite the NFLPA's decertification and call for an injunction.


http://www.nfl.com/news/story/09000d5d81ec0e1e/article/new-judge-assigned-to-players-antitrust-lawsuit-vs-league?module=HP_headlines

steelerchad
03-14-2011, 04:50 PM
It's getting messy.
I'm concerned that this is going to end ugly. Not with a missed season, but I could see a couple of games missed. These billionaire owners didn't get all this money by just rolling over. When it comes to negotiating deals and having resolve, patience, and a warchest of money for a rainy day, it's the owners who have the upper hand in all of this. I think the players need to strike the best deal they can before their solidarity starts to crumble when Joe special teamer has a mortgage payment and child support due and is about to miss a game check.

SteelersinCA
03-14-2011, 07:01 PM
http://nfllabor.com/2011/03/11/exclusive-summary-of-nfl-proposal-to-nflpa/

Here's the proposal the player rejected. Seems pretty decent to me. One thing is becoming apparent to me. The NFL is a skilled savvy vet in these negotiations and the NFLPA is a brash, ****y rookie. I think you see that exacerbated as this plays out.

ricardisimo
03-14-2011, 08:13 PM
http://nfllabor.com/2011/03/11/exclusive-summary-of-nfl-proposal-to-nflpa/

Here's the proposal the player rejected. Seems pretty decent to me. One thing is becoming apparent to me. The NFL is a skilled savvy vet in these negotiations and the NFLPA is a brash, ****y rookie. I think you see that exacerbated as this plays out.
That's an executive summary direct from the NFL. I wouldn't put too much stock in that.

Besides, nothing matters until the owners open their books. They are a monopoly - which begs for public regulation - and they are effectively one company, so they can't claim corporate privacy for reasons of competition.

Atlanta Dan
03-14-2011, 08:30 PM
http://nfllabor.com/2011/03/11/exclusive-summary-of-nfl-proposal-to-nflpa/

Here's the proposal the player rejected. Seems pretty decent to me. One thing is becoming apparent to me. The NFL is a skilled savvy vet in these negotiations and the NFLPA is a brash, ****y rookie. I think you see that exacerbated as this plays out.

Owners were the ones who played hardball for years, were saying an 18 game schedule was a done deal until last week, and apparently hit the panic button as CBA expiration loomed by making a much better offer - let's see how this plays out before we decide who has played its negotiating hand better

This observation from Peter King does not indicate this is all unfolding in accordance with Goodell's master plan

Who could blame the players for standing so firmly? They read Judge David S. Doty's 28-page ruling ripping the NFL for creating a $4 billion lockout fund by strong-arming the TV networks into paying their 2011 fee whether there were games or a lockout. That's when the NFLPA knew it could keep to its demand for full financial transparency. Doty wrote: "The record shows that the NFL undertook contract negotiations to advance its own interests and harm the interest of the players.''

Though the $4 billion was in essence a loan that the league would have to repay over the term of the contract, the money still would be a hammer to harm the players. Doty's acknowledgment of that was big for the NFLPA to have in its hip pocket.

http://sportsillustrated.cnn.com/2011/writers/peter_king/03/14/labor/1.html

SteelersinCA
03-15-2011, 01:12 AM
I just think from a PR perspective, the NFL has done a much better job than the NFLPA. Of course it's not going according to anyone's plan.

SteelersinCA
03-15-2011, 01:16 AM
I'm not advocating for the owners in this, I'm just saying I don't like the job Demaurice is doing.

ricardisimo
03-15-2011, 03:28 AM
I noticed that Goodell, Kraft and several other NFL bigwigs immediately started demonizing Smith, almost from the first day of his tenure. I don't know him from Adam, but just speaking as a former union official, I'd say that fact bodes quite well for the NFLPA.

If I were Smith, and I read Doty's decision and heard what my players were saying about 18 games and so forth, I'd do the same thing as him and just stand firm. I might actually ask for the owners to take even less than they previously had been. Even if I had to back down to status quo, the whole "extra billion" off the top item would disappear pretty quickly, I'd say.

This has to be stressed, though: nothing matters until they open up their books. It's a meaningless discussion until then. The owners are crying poor, and yet no one is scratching their heads, saying "Huh? How the hell is that even possible? What kind of financial retards are you?"

Oops! I forgot I'm not supposed to say "retard".

SteelersinCA
03-15-2011, 11:47 AM
That's my point, they've done a great job of demonizing him AND NO ONE is jumping on the owners saying open your books. It's a no brainer to us, but the sheep of the world are saying to the players, just up and play you make millions; completely ignoring the fact that owners make billions!

Someone said it somewhere else but this isn't about the players knowing how much the owners make, it's about the other owners. This should be easy for the public to see, but the NFL has been masterful at diverting attention.

I also think the decision to boycott the draft is the dumbest ever.

Atlanta Dan
03-15-2011, 12:08 PM
That's my point, they've done a great job of demonizing him AND NO ONE is jumping on the owners saying open your books. It's a no brainer to us, but the sheep of the world are saying to the players, just up and play you make millions; completely ignoring the fact that owners make billions!

Someone said it somewhere else but this isn't about the players knowing how much the owners make, it's about the other owners. This should be easy for the public to see, but the NFL has been masterful at diverting attention..

While you may not have read anyone who is saying the players request for opening the books has merit it is does not take long to find supporters for that request

In addition to Peter King stating the players are ahead in the PR war on this issue in the link i posted earlier in this thread, it does not take long to find these articles after you google owners open books

Why won’t NFL owners open their books to players?

Controversy, embarrassment have resulted in other cases

“You’re making the claim that you’re losing money,” said David J. Berri, an associate professor of economics at Southern Utah University. “You have to establish that. You are obviously not required to do that, but the players are not required to give you a billion dollars either.”

“The union can use it to bludgeon the NFL time and time again,” [sports consulatant Marc] Ganis said. “It’s an emotionally effective tool.”
http://www.washingtonpost.com/sports/why-wont-nfl-owners-open-their-books-to-players/2011/03/10/ABXqYZQ_story.html

The chairman of the Senate Commerce Committee is urging NFL owners to open their financial books to the players union, arguing that will help resolve a labor dispute that is threatening next season's games.

"Reluctantly, I have come to the conclusion that the only way to sort out this stalemate is for the owners and the league to answer the biggest sticking point: money," Sen. Jay Rockefeller wrote in a Washington Post opinion column on Friday. "What I'd like to see from NFL commissioner Roger Goodell and the owners is a simple display of good faith: Show the union your books. Don't keep secrets. If there are financial pressures that keep you from agreeing to the revenue-sharing plan proposed by the players, let's see the proof."

http://www.cbssports.com/nfl/story/14739155/senate-committee-head-asks-owners-to-open-books-for-union

I do not see either side as the clear victor in the PR war at this point

SteelersinCA
03-15-2011, 02:37 PM
The mere fact that there isn't a clear victor is testament to the NFL's savvy. They have no business being anywhere close to the players in this. Cutting insurance, retirement sucks, lowest paid of all sports with the most risk and injury, making most money, etc. etc. The list is endless. This has always been a no brainer to me. The fact that people are even entertaining the owners have some merit is laughable to me, yet proof of some fabulous PR by the NFL.

Atlanta Dan
03-15-2011, 03:54 PM
The mere fact that there isn't a clear victor is testament to the NFL's savvy. They have no business being anywhere close to the players in this. Cutting insurance, retirement sucks, lowest paid of all sports with the most risk and injury, making most money, etc. etc. The list is endless. This has always been a no brainer to me. The fact that people are even entertaining the owners have some merit is laughable to me, yet proof of some fabulous PR by the NFL.

I do not know if it as much the NFL's savvy as the general public having a hard time feeling sympathy for employees where the base salary is north of $300,000 per year, especially given the rotten economy

NFLPA's best issue is that the NFL owners want them to give back from the previous CBA but are not open about why the owners current finacial state requires a rollback from the 2006 CBA