Blog Entry

7 questions to ask now that lockout's lifted

Posted on: April 25, 2011 8:14 pm
Edited on: April 28, 2011 12:07 pm
Posted by Will Brinson

On Monday, Judge Susan Nelson lifted the NFL's lockout, in a hefty, 89-page ruling that ended simply with the words "the 'lockout' is enjoined."

But what to make of a situation that could end up being even more chaotic than the initial period following the lockout itself ?

How about we answer that question with the old, seven-question format? Good? Good.

1. So we're getting football in 2011????
Not so fast, my friend -- despite the fact that the lockout being lifted is huge and breaking news and all that, this what everyone expected. When Judge Nelson spoke during the April 6 hearing, all reports indicated that she favored the players in terms of how she viewed the legal positions in this case. And, clearly, that was the truth, because Nelson lifted the lockout and didn't directly grant a stay for the owners despite doing so.

One thing's clear from Judge Nelson's ruling though: she understands that the public just wants football . While she recognizes that the players are suffering "irreparable harm" because of the lockout, she also titled a chunk of opinion as "The Public Interest Does Not Favor The 'Lockout'." This is good to keep in mind when wondering whether or not anyone has the public in mind amid all this, because Judge Nelson clearly does.

And that's good news when hoping for football to happen in 2011.

2. Okay, but what happens next?
The NFL's already said it will request a "stay" of Judge Nelson's ruling. That means the league will ask her to hold off on her lockout ruling so that the defendants in this matter can file an appeal with the Eighth Circuit Court of Appeals. If Judge Nelson grants that stay, we go back to the state of limbo we were in before Monday's ruling.

If Judge Nelson denies that stay, the NFL will request a stay from the Eighth Circuit Court of Appeals. Same deal applies here: if the Court of Appeals grants that stay, it's limbo time until the court rules as to whether or not Nelson correctly lifted the lockout.

If the Court of Appeals denies that stay (following Nelson's theoretical denial), the NFL would likely be forced to open its doors and impose some rules for the current players. Except for the fact that, per Daniel Kaplan of the Sports Business Journal , the Eighth Circuit could actually rule on an emergency stay by Friday. 

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3. There's still going to be a Draft on Thursday, though, right?

How nice that you still care! But, yes, there will still be an NFL Draft and, barring something really, really, really odd from happening, it'll still kick off on Thursday and teams will still make selections (though, as you'll see below, they probably won't be making some of the deals you've seen in the past).

There's too much at stake in terms of broadcast partners and timing and travel and whatnot to alter the Draft; plus, it was going on whether or not the lockout was lifted in the first place.

Perhaps now hopeful fans will simply be more interested.

4. So players can't go to the stadium and start working out yet?
Actually, they can, at least between Nelson's ruling and her decision Tuesday on the stay. Or, at least, they can try  to go work out. After all, the lockout no longer exists, and it would be a murky labor situation for teams to deny their non-unionized employees access to facilities provided by an employer for team activities.

In fact, reports have begun to surface that agents are telling their players to go to team facilities and work out so as to make sure they can't be denied any offseason workout bonuses that are included in their contracts. Our own Mike Freeman has reported he's heard some agents telling their players NOT to show up, so it could be a mixed bag.

Adding fuel to that fire is Steelers' player rep Ryan Clark, who said on television Monday night that he's "telling guys to go [to team facilities]" and "telling guys to get to work." Yes, things could get awkward when/if players show up and aren't allowed into the team building.

5. What about free agents -- can my team sign them?
Theoretically, it would be possible. But remember, the players in Brady v. NFL  aren't just suing the NFL, they're also suing the individual teams. Don't expect Marty Hurney to run out and ink Matt Hasselbeck to a deal just because the Panthers desperately need a quarterback.

His boss, Jerry Richardson, probably wouldn't be too thrilled with him breaking rank and signing a free agent. Besides, there are no rules for the current NFL season that hasn't started yet, so it's kind of impossible to even determine who is and who isn't a free agent until the NFL decides to impose those rules. (Although, if you want to see who who will most likely be free agents, my colleague Andy Benoit did an excellent job of compiling such a list right here .)

Which it won't do until it's exhausted all opportunities to receive a stay. Where this gets interesting, though, 

6. I really want the Eagles to land another first-rounder? Can they trade Kevin Kolb?
Same rules apply as with free agents: nothing until the NFL exhausts its options in seeking a stay of the injunction and imposes a set of rules.

The issue of trades might be a bit less murky than with free agency, because trades, theoretically, can benefit teams more so than they do the players (obviously a lot of teams would like a crack at the aforementioned Kolb BEFORE the draft). But, if the league decided to allow trades, they'd probably be conceding that a stay doesn't matter and would need to start signing free agents.

Since not signing the big pile of available free agents would amount -- or at least appear to amount -- to collusion, it's unlikely you'll see either one happen until the issue of a potential stay gets sorted out.

7. You keep saying a "set of rules" -- what rules will those be?
The common belief is that the NFL, if it cannot get a stay, will impose the 2010 rules on the new league year.

That means that there won't be a salary cap and it'll take six years to get to free agency. As referenced above, that dramatically changes the players who will be available to other teams, and you should reference Andy's post to see who will likely be available. But, we can't know what set of rules are actually applied until their applied.

Which means, as with much else, we're stuck waiting on the courts once again.

Which leaves us right back where we started, really. Remember back when we did "7 Questions fans should ask about the lockout " thing? (Seems like YEARS, doesn't it?) Well, I closed by saying that "leverage" was critical for both sides.  

And that's still the case. Leverage just happens to have shifted (heavily, I might add) in the direction of the players right now. Should the NFL receive a stay, though, that leverage tilts back in towards the league's direction, at least for the moment.

For now, we sit back and wait for the legal system to make rulings on the issues at hand. Once they do, things will be somewhat clearer, but thinking that the NFL labor issues are behind us is a little more naive than anyone should be, even in the face of the positive emotions coming from some corners following Judge Nelson's ruling.

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Since: Dec 2, 2011
Posted on: January 9, 2012 1:21 am

7 questions to ask now that lockout's lifted

Fantastic print. I just without a doubt agree along with kinds of issues can easily currently have prepared.

Since: Dec 2, 2011
Posted on: December 7, 2011 2:46 am
This comment has been removed.

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Since: Nov 28, 2011
Posted on: December 1, 2011 11:24 pm
This comment has been removed.

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Since: Jan 9, 2008
Posted on: April 27, 2011 6:29 pm

7 questions to ask now that lockout's lifted

If the players win that means no draft, no salary cap, no restrictions on free agency, even limits on number of players on a team could be construed as collusion amongst the teams to impact a player's career. Dallas and NY Giants will buy the best available rookies and veterans every year and the annual Cowboys/Giants NFC championship game will determine the league champion. The rest of the teams will be irrelevent.

Since: Jan 10, 2011
Posted on: April 26, 2011 9:32 am

7 questions to ask now that lockout's lifted

People keep saying they are ruining football with this lockout. I don't believe so, because once the season starts fans will forget this. What will ruin football is if they get rid of the salary cap. The lack of salary cap is part of the reason baseball sucks because the same teams always buy championships.

Since: Aug 21, 2006
Posted on: April 25, 2011 10:33 pm

7 questions to ask now that lockout's lifted

It could all be thrown out of whack now. As a Cardinals fan, I am nothing short of terrified for our future. I am PRAYING the owners win the appeal.

Since: Feb 11, 2009
Posted on: April 25, 2011 8:56 pm

7 questions to ask now that lockout's lifted

You forget the biggest question of all:  What about the money and the cap?  Ok, question 7 to me is the big one.  I just want football, kind of sick of playing Madden!

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