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The NFL Lockout: Where Things Stand (In a Nutshell)

Discussion in 'Chargers Fan Forum' started by Blue Bolt, May 29, 2011.

  1. Blue Bolt

    Blue Bolt Persona Non Grata

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    NFL owners have more time to consider than players in labor matter
    Sam Farmer
    May 29, 2011, 6:10 p.m.
    LA Times.com


    Key date: It's tempting to say June 3, when the 8th Circuit will hear oral arguments in the NFL's appeal of the lockout-lifting decision in District Court. But it's likely to take at least two weeks for that three-judge panel to issue a ruling, so a better key date is three weeks before the Sept. 8 kickoff game between New Orleans and Green Bay — say Aug. 15. At a minimum, teams would need that much time to train for the start of the season. If camps are still closed at that point, you can bet games will either be pushed back or scrubbed.

    Point of no return: How many game cancellations is too many? In the strike-shortened 1982 season, teams played nine games. When the players went on strike in 1987, teams wound up playing 15 games, but three of those were with replacement players. If eight or more games are canceled this year, what's the point?

    When will the league cave? The average player has a career that lasts 3½ years; the owners are looking at the horizon, as they'll have to live with the next labor agreement for a long time. The owners, therefore, aren't likely to cave at any point, but — in the unlikely scenario they lose in the 8th Circuit — will slog along in the courts, all the while continuing to cut paychecks to the players.

    When will the players cave? If the owners win in the 8th Circuit, the players could cave in late August or early September, when they either have lost that first game check or are in danger of losing it. It's important to watch what happens in the so-called lockout-insurance case, which the players won at the district level and should bar the owners from using any money paid by networks in the event of game cancellations. Still, it could take years to sort through that, and who knows if those damages (still being decided) will actually be paid or will be handled in the eventual collective-bargaining talks. Regardless, if it gets to September and no leverage-shifting court decisions are in the offing, players might choose to settle closer to Week 1 than Week 4.

    Biggest issue: How to divide $9.3 billion in annual revenue.

    Biggest red herring: That has to be the health and welfare of retired players. Yes, both the NFL and current players say they are very concerned about taking care of the men who helped build the game — and some people on both sides might well be concerned — but for the most part, it's largely lip service with public relations in mind.

    Likelihood games will be lost (by percentage): 70%.

    Why will the league prevail? Because they have deeper pockets than the players and therefore a greater ability to withstand a lockout, which looks as if it will stand. For many players, missing one or more paychecks would be economically disastrous. It's also easier to hold together 32 owners than 1,800-plus players with vastly varying bank accounts.

    Why will the players prevail? They will win if their litigation strategy works, and the courts agree with their arguments more than the owners' arguments. Again, the final disposition of the lockout-insurance case matters here.

    Who will get the better deal? Owners. Barring some legal surprises, the players will wind up making concessions. They were fine with the CBA as it was, remember. It was the owners who opted out in hopes of a better deal. When this mess is finally sorted out, it won't be about whether the players make concessions but how many concessions they make.

    Final thought: This case will help decide what happens with the NFL in Los Angeles. Team owners haven't said they're losing money, just that they aren't making enough of it. (Of course, they refuse to open their books, either way.) They say the deal they opted out of didn't allow them to make enough money to justify the investment in new stadiums — and every L.A. stadium proposal has included the assumption of NFL money. In other words, if the deal isn't sweet enough for the owners, they're unlikely to contribute to a new stadium in the L.A. area.

    sam.farmer@latimes.com

    twitter.com/LATimesfarmer
     
  2. ThunderHorse17

    ThunderHorse17 Lone Wolf

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    I already put my guess of a date for the 2 sides to ACTUALY start to negotiate in time for the 4th of July.

    Jus give the crybaby owners their stupid 2 Bill off the top. And hope that it does get used on stadium repairs and rebuilds. HAHAHAHA

    Old CBA but with 1 more bill for owners, owners please give the players a retirement plan. It surely wont cost that new Bill you got off the top....

    AND FOR THE LOVE OF GOD PLEASE DONT FVCK UP MY PERFECT 16 GAME SEASON....

    What the hell might as well sound like a broken record in responding to anythng new about this situation, since the media just keeps saying the same things as time goes on only more assured of themselves. IMO 4th of JULY is lookin very unrealistic as days go bye.
     
  3. Blue Bolt

    Blue Bolt Persona Non Grata

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    From the Seahawks Chester Pitts........

    Doesn't sound like there's any love lost between the players and the commissioner. ;)
     
  4. Boltzlover

    Boltzlover BoltTalker

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    As far as I can tell, there will be no NFL football this year, and the NFL as we know it is going to die. Greed - on both sides - has killed it.
     
  5. Savage Lizard

    Savage Lizard Charger fan at 7000'

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    Because talking sh_t about ownership is helpful.
     
  6. Carlsbad_Bolt_Fan

    Carlsbad_Bolt_Fan Well-Known Member

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    Then they shouldn't have locked out the players.
     
  7. Blue Bolt

    Blue Bolt Persona Non Grata

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    When did Goodell and Pash become owners?....... I must've missed that news. ;)
     
  8. Savage Lizard

    Savage Lizard Charger fan at 7000'

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    I assumed most people know that they are employed by ownership. Didn't realize I needed to spell it out.
     
  9. Blue Bolt

    Blue Bolt Persona Non Grata

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    Exactly....... and that's a big difference. Criticizing your employer's representatives isn't the same as criticizing your boss, but I didn't think I needed to spell that out. ;)
     
  10. The LBC

    The LBC I'm a Real Prick

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    Pitts' philosophy is nice in theory, that the players are in this for the long haul, but when statistics show that something like a hefty majority (I'll dig up the articles when I get home from work later tonight, but it was at or in excess of 60%) of NFL players are effectively living paycheck to paycheck right now because of the amount of creditors they have money owed to and a lack of actual liquidity in terms of the their finances... that's not exactly conducive to holding up over a "marathon".

    And I highly doubt that Drew Brees is going to be quite so generous with his own personal money as to whip out his checkbook and start paying his teammates' (or other players' across the league) mortgages, credit card bills, and taxes. It's actually the later part I'm most interested in seeing because (and I fully admit to having no particularly knowledge in this specific area, which is why I'm posing it as more of question) do we even know if taxes are withheld from weekly game checks or are all those taxes just tracked and invoiced for at the end of the day. After all these players do tread a fine line between employee and independent contractors (and the later would use a difference tax form requiring them to be taxed on the lump sum).
     
  11. Savage Lizard

    Savage Lizard Charger fan at 7000'

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    Let's see, they pretty much speak for the owners in this situation, so I would think criticizing them is pretty much criticizing ownership. Not sure why we are playing some kind of semantics game, you know what I meant.
     
  12. Blue Bolt

    Blue Bolt Persona Non Grata

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    I don't see it as schematics...... it's not.

    Pitts referred to the individuals by name...... they were personal criticisms, not a general criticism of the NFL ownership. Is it that hard to see the distinction?
     
  13. Savage Lizard

    Savage Lizard Charger fan at 7000'

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    I guess we're just arguing for the sake of arguing. I think it's pretty clear that Goodell and Pash are the frontmen for the owners, and criticism toward them is basically criticism toward ownership. I don't recall any players calling these guys "frauds" and "turds" before there was a labor situation between the PLAYERS and the OWNERS. Besides, in the same stuff you quoted, there are statements directed toward the owners as well. Pitts has an axe to grind, I get it. He's pissed at ownership, and has made statements about their frontmen.
     
  14. Blue Bolt

    Blue Bolt Persona Non Grata

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    Actually, I heard players criticize Goodell harshly before the labor dispute..... specifically, regarding the player fines.

    Sure, they are "frontman" for the owners, nobody disputes that...... but, if you call Pash a "consistent turd", does that mean you're calling all the owners turds? I think not.

    I just think that lumping all criticism together, as a shot at the owners, isn't accurate. Many corporate lawyers are abrasive attack dog types. If I call your lawyer an *******, it doesn't mean I'm calling you one..... there's a distinction.
     
  15. Blue Bolt

    Blue Bolt Persona Non Grata

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    NFL files motion to dismiss Brady case
    Posted by Mike Florio on June 6, 2011, 11:35 PM EDT


    The NFL wanted another month to respond to the complaint filed by Tom Brady and nine other players on March 11, the day the NFLPA decertified and launched a legal strategy aimed at lifting the lockout and/or giving the players leverage via the antitrust laws. In the end, the NFL was required to respond today.

    The NFL exercised its option to file a motion to dismiss the case in its entirety, a move that isn’t surprising under the circumstances. We’re in the process of tracking down the full-blown legal brief, but we anticipate based on the two-page motion that the NFL will reiterate some of its key arguments against the lifting of the lockout: (1) the Norris-LaGuardia Act prevents an order ending any lockout or strike arising from a labor dispute; (2) the non-statutory antitrust exemption continues to apply for at least a year after expiration of the Collective Bargaining Agreement; (3) the decertification of the NFLPA was a sham; and (4) the NLRB has primary jurisdiction on the question of whether the decertification of the NFLPA was a sham.

    Daniel Kaplan of SportsBusiness Journal reports that the motion has been set for a hearing in September. Look for the players to file a motion for summary judgment with a request that it be heard at the same time, with the September hearing then morphing into an effort by both sides to win the case on the merits.

    Let’s hope that hearing never happens.
     

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