Re: Since the lockout has been lifted...
posted at 4/28/2011 10:55 AM EDT
In Response to Re: Since the lockout has been lifted...
[QUOTE]Z . . Count 1 in the Brady lawsuit challenges the lockout, count 2 challenges the draft, and count 3 challenges the salary cap and restrictions on free agency including franchise and transition tags. (There are other counts as well, mostly related to violations of contract that stem from the lockout.) The NFL players also requested an injunction against the lockout. (An injunction against the lockout doesn't prove the lockout is illegal--it just prevents it from occurring until the matter of its legality can be decided. It's not a victory in the lawsuit for the players, just an action that prohibits the league from going forward with an action that may or may not be illegal until such time as the legality or illegality of that action can be decided upon.) The hearings to date are all about the injunction against the lockout. The other issues haven't been touched on at all and probably won't be for some time still.
Posted by prolate0spheroid[/QUOTE]
Yeah Prolate. But none of those things are being challenged in principle. Those are being challenged because they weren't bargained for by the association, they were bargained for years ago by the union, and the NFL is proceeding as if they still exist.
When football resumes there will still be some kind of draft, likely some restrictions on FA, and likely a salary cap. The NFL and NFLPA will have to go back to the drawing board to come up with rules .... and this time that drawing board won't include lockouts as a negotiation tactic.
Trust me ... the most relevant feature of this case is the "continuation" bit. Once Nelson and the courts rule that lockouts don't count as a continuation of non-statutory anti-trust exemptions, every lockout by precedent will be deemed an end of negotiation and the beginning of anti-trust litigation that leagues cannot win.
It will flavor the upcoming negotiations in the NBA as well.
Nelson isn't, and can't, rule in an itemized way about how the NFL/NFLPA(u) does business, as anyone can strike a non-statutory bargain. What she can do is reaffirm how the NFL must not behave toward the NFLPA*.