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The (CBA) end is near: a primer

Discussion in 'Miami Dolphins Forum' started by Fin Fan In Cali, Feb 28, 2011.

  1. Fin Fan In Cali

    Fin Fan In Cali Dolphin fan since 1970 Luxury Box

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    http://www.nationalfootballpost.com/The-CBA-end-is-near-a-primer.html

    Does the union’s decertification strategy have legs?
    It is part of a plan hatched in August with the NFLPA Decertification Tour 2010, when the union got authorization from each team to take this step. Now they have bared this ammunition again to try to shift the leverage.


    The fact that NFL owners took a preemptive strike a week on this issue --filing an unfair labor practice charge with the NLRB to have decertification ruled a “sham” – tells me that the decertification option scares them.


    I do believe this: were the union to go down this path, any goodwill and relationship building with the NFL will be flushed down the drain. If litigation is the way they want to fight, the NFL has plenty of litigators on call. They will fight, delay and appeal the battle at least through the fall, counting on player solidarity in March to fade into the distance by September when the real money starts going in.

    Decertification has some potential reward for the union but also high risk. With the late Gene Upshaw leading the charge twenty years ago, it was seen as innovative. Were DeMaurice Smith to repeat it, it would be seen as a legal strategy trying to duplicate the past.
     
    SeanP and Ophinerated like this.
  2. Southbeach

    Southbeach Banned

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    The BIG advantage players have in the union de-certification this week is that they will go before the same judge as Upshaw and crew had. IMO, nothing has changes, from a legal standpoint, and I will be shocked if the same judge disagrees with his same former ruling.

    From my limited legal knowledge, players sue the owners, claiming they are a monopoly. Owners cannot win that dispute. About a year ago they, and their "Dream Team" of lawyers tried when they went before the U S Supreme Court. They lost 9-0. That is unheard of in the Supreme Court, which always has a few judges taking the other side. It's like a a football game ending 70-0.

    Good to see ya "out of retirement." :)
     
  3. Conuficus

    Conuficus Premium Member Luxury Box

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    Well away from here
    Is it more rare than not having a dissenting opinion?
     
  4. Southbeach

    Southbeach Banned

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    Perhaps the two are intermingled. :)
     
  5. Fin Fan In Cali

    Fin Fan In Cali Dolphin fan since 1970 Luxury Box

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    :wink2: The problem is the NFL owners can stall the process until the fall if they want to. Players are already asking to borrow money from each other, how are they going to make it that long without a regular paycheck? There are pro's and con's for both sides. I think the best way for both is to give and take this week and get it done now.
     
  6. Pandarilla

    Pandarilla Purist Emeritus

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    Go ahead NFL, lock me out...Make my day.
     
  7. Da 'Fins

    Da 'Fins Season Ticket Holder Staff Member Club Member

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    I would really doubt either side would give in this week. Smith came on board with the idea that Upshaw was a league "yes" man and he was going to change things (don't think he'll be able to).

    If the players do decertify, then no doubt the owners would want to prolong the issue in court as long as possible to put more pressure on the rank and file among the players.

    I understand why the players want to decertify because they think they are not getting all the information from ownership and believe that if they went to court they would not only have an advantage there but would also be able to obtain accurate information on costs and revenue from the owners. However, if the players decertify and the process is extended a long time through the court system, I think the fans will hold the players more accountable for the delays.

    The average fan sees all these guys as millionaires (Yes, they see the owners as billionaires, but fans don't really ever see the owners and the owners really don't care if a fan doesn't like them).

    Just in as I type this - Doty rules that the NFL owners can't use TV revenue for '11 to help pay debts (and some owners have big debt service on stadiums - so that could speed things up and help the players).

    The NFL labor deal is tough because the league can't guarantee contracts due to the injuries in the sport and the short career spans. This differs from all other sports leagues. So, while the league is super popular, players simply don't make the money that those in the NBA or MLB do (even guys who are relative no names in MLB may make more in their career than a pro bowl player in the NFL).

    It's going to be interesting the next few months.
     

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