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Blog Entry

Permanent stay ruling could really hurt NFLPA

Posted on: May 16, 2011 6:25 pm
Edited on: May 17, 2011 4:56 am
 
Goodell, SmithPosted by Josh Katzowitz

The lockout is on, and it’s going to stay on until at least June 3.

That’s the word from the Eighth Circuit Court of Appeals, which issued this evening a permanent stay to District Court Judge Susan Nelson’s decision to end the lockout.

The owners and players will argue their case in front of the appeals court June 3, so this decision isn’t a surprise (it’d be a bit awkward, if the judges didn’t grant the permanent stay, which meant the lockout was lifted, only to overturn Nelson’s decision, meaning the lockout was back on).

Once again, Judge Kermit Bye dissented on the judgment, the same as he did when the appeals court granted the temporary stay April 29.

As the court wrote, it had to consider granting the stay on four factors: 1) has the stay applicant made a strong showing that he is likely to succeed on the merits; 2) whether there will be irreparable harm without a stay; 3) whether other interested parties will be injured by the stay; and 4) where the public interest lies.

Ultimately, the appeals court believed that all those factors balanced together equaled a permanent stay.

Reading through the majority decision with my untrained eye, it doesn’t sound great for the players’ chances going forward.

When you read phrases like, “The district court reasoned that this case does not involve or grow out of a labor dispute because the Players no longer are represented by a union. We have considerable doubt about this interpretation of the Act” and “Our present view is that (the players’) interpretation of the Act is unlikely to prevail”  and (the biggest body blow of all) “we have serious doubts that the district court had jurisdiction to enjoin the League’s lockout,” it can’t leave the NFLPA with a great feeling.

Bye dissented, writing the following in summary:

In sum, because I believe the Norris-LaGuardia Act does not apply in a situation where the Players are no longer represented by the union, I would conclude the NFL did not make the necessary strong showing of likelihood of success on the merits. Moreover, as it relates to the fourth factor, the NFL’s failure to make the necessary showing on the merits detracts from the NFL’s argument that the public interest favors the application of labor laws in the current context. At best, when considering the public interest in having a 2011 NFL season and, by extension, continuing with normal operations necessary for that objective, the public interest factor is a wash. Taken in conjunction with the balance of harms, which clearly favors the Players during the pendency of the expedited appeal, I would deny the NFL’s motion for a stay.


So, for fans and players, today’s ruling was not a good one, even though, like I said above, it wasn’t a surprise. It’s a big victory for the owners – it’s their first really big win in the court system, and now, the leverage is pointed in their direction – and it also means we’ll continue with this stalemate for at least another month.

Which means that you can forget about OTAs and offseason workouts. Training camp still could be held, but right now, that’s in real danger as well.

But perhaps more important than any of that, the players I think are in real trouble going forward. And so are the fans who want more football and less legal analysis.

UPDATED (7:13 p.m. ET): The NFLPA has released a statement in response to the ruling.

"The NFL’s request for a stay of the lockout that was granted today means no football. The players are in mediation and are working to try to save the 2011 season."

UPDATED II (7:48 p.m. ET): The NFL has released its own statement.

"It is now time to devote all of our energy to reaching a comprehensive agreement that will improve the game for the benefit of current and retired players, teams, and, most importantly, the fans. This litigation has taken the parties away from the negotiating table where these issues should be resolved. We remain confident that the appellate court will determine that this is a labor dispute that should be governed by federal law. But the league and players, without further delay, should control their own destiny and decide the future of the NFL together through negotiation."

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Category: NFL
Comments

Since: Mar 7, 2011
Posted on: May 16, 2011 9:03 pm
 

Permanent stay ruling could really hurt NFLPA

I hear players will be out of money by Sept.  Really?  I make far less than they do and have no problems saving money and watching my expenses.  How can players who make MILLIONs be out of money?!  What?  Are they trying to get sympathy?  Really?!  Anyone else believe that garbage?



Since: Mar 7, 2011
Posted on: May 16, 2011 9:01 pm
 

Permanent stay ruling could really hurt NFLPA

I hear you!



Since: Mar 7, 2011
Posted on: May 16, 2011 9:01 pm
 

Permanent stay ruling could really hurt NFLPA

HAHAHAHAHAHA!  



Since: Sep 1, 2010
Posted on: May 16, 2011 9:01 pm
 

Permanent stay ruling could really hurt NFLPA

Screw the NFL college football is where it's at. I could go without the NFL for a year no problem! this whole thing is so stupid do you as a fan have a say in any of this NOOOOOOOO so why bother your wasting your time talking about it. Hell is your family more important than Manning, Brees, Brady if not your the loosers! buck up and shut up the NFl sucks ! Go Skins!



Since: Nov 13, 2009
Posted on: May 16, 2011 8:59 pm
 

Permanent stay ruling could really hurt NFLPA

Today's court ruling is ludicrous.  All 32 owners are greedy old men who want nothing more but to suck the dollar out of every opportunity.  They are no different than what you see in corporate America.  It looks like there will be no football anytime soon. 



Since: Jun 14, 2010
Posted on: May 16, 2011 8:58 pm
 

Permanent stay ruling could really hurt NFLPA

I agree with you 10000000 per cent But we both know  that those greedy bastards will never listen to us THE FANS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!



Since: Mar 19, 2011
Posted on: May 16, 2011 8:54 pm
 

Permanent stay ruling could really hurt NFLPA

Just remember the players were and are willing to continue with the conditions of the previous labor agreement. It is the owners who want  to scrap the old agreement and give the players a smaller share of the money.  So please stop blaming the players it's the owners who are not willing to accept the  huge amounts of money they were making but want even more at the expense of players.  Also don't forget the owners are owners for life while the average player only plays for 3 to 4 years.



Since: Apr 1, 2007
Posted on: May 16, 2011 8:51 pm
 

Permanent stay ruling could really hurt NFLPA

I've never understood why the players thought it was a good idea to decertify during negotiations.  It would have been one thing if they did because the owners would not negotiate, but instead they do it claiming the owners weren't negotiating in good faith--which is a judgement call to a certain extent.

"They're not negotiating in good faith becuase they keep asking us to give them back more money, but we're operating in good faith because we're not asking for more money."  That's a summary quote, not an actual quote, by the way.

This whole thing is getting tiresome, and I'm in the mode of only reading articles reporting on court rulings at this point, unless we see an article announcing a new CBA, anyway.  Everybody's pretty much made up their mind who's right and who's wrong, both are right or both are wrong, but at the end of the day we don't have any football, and instead a vacuum replaced by opinions and angst.

I still think fans should:
- Boycott one or all preseason games

- Not log on to any fantasy football websites in Week-1 until Monday

- Buy any team jersey we want, but with "00" and no player names this year

It'll never happen, but if it did it just might get the attention of all parties involved, and next time they decide to argue over who's more important...maybe they'll play a little nicer with each other.  The owners and players need each other, period.  Players bust their butts and get paid well to do so, so the owners need them.  Owners spend money to make money, but if they decided to fold up shop and go home, where would the players play, besides trying to beat Ochocinco's 1.5 second record on a bull's back?

I've still got my fingers crossed we'll have a 16-game season this year and that it'll start in September, regardless of what the naysayers pontificate.  But if the players and owners screw this up, if they tank this season, I'll still be waiting on the sideline for a season to start, but it'll be with significantly less passion.  And once that happens, it's only a matter of time before I'll just stop caring entirely and find something else to do in the fall/winter months.

But I sincerely hope they don't take me down that road.


Gunny



Since: May 16, 2011
Posted on: May 16, 2011 8:42 pm
 

Permanent stay ruling could really hurt NFLPA

this is total disgrace. neither sied has the fan interest in mind. it is all a lie. these questions need to be asked directly to the owners.. 1) are you making money. 2) exactly why did you opt out. 3) we the fan want to know how and why each owner  sees it. team by team in their local media. 3) if your not making money show us the fans the facts. 4) why exactly do you need another billion. . 5) since you opted out, come out and admit this has been your doing or undoing as it may be. 5) have your man goodell tell the truth and give definitive answers to legitimate questions. if you say its for the fans.. explain in detail not some standard answers... WE THE PUBLIC WANT FACTS AND FIGURES.. as for the players. those making multi millions balance it out to your lesser players. i dont care who you are a million a year is not chump change.. and you can live forever on 2 or 3 million. if you dont like this amount of money DONT FREAKIN PLAY.. get a real job.. TRY THAT FOR A WHILE. truly the only loser is the fan..demaurice get lost. owners get lost. YOU ARE ALL GREEDY BASTARDS. 
IT IS ALL SO SIMPLE.  TAKE THE BILLION EXTRA AND SPLIT IT DOWN THE MIDDLE.. PUT IN A ROOKIE WAGE SCALE.. TAKE THE BALNCE LEFT FROM WHAT YOU PAID OUT LAST YEAR AND REQUIRE IT SPENT ON VETERAN PLAYERS. KEEP THE 16 GAME SCHEDULE FOR SAFTY REASONS AND LESSON THE PRESEASON TO 3 GAMES.. KEEP A HOLD ON TICKET PRICES FOR 3 YEARS..
THIS WAY THE FANS WIN FINANCIALLY IN THIS ECOMOMY. THE OWNERS GET A LITTLE MORE CASH. THE PLAYERS LOOSE A PRESEASON GAME AND CAN BE A LITTLE HEALTHIER.. VETERANS GET A LITTLE MORE. AND ROOKIES WILL NEED TO PROVE THEMSELVES BEFORE THE BIG PAYCHECKS.. THIS ALONE WILL SAVE THE OWNERS MILLIONS IN WASTED EXPENSE ON PLAYERS LIKE COUCH, JAMRK, ECT..



Since: Nov 29, 2006
Posted on: May 16, 2011 8:38 pm
 

Permanent stay ruling could really hurt NFLPA

The poster "irregardless" pretty much said it all about this ridiculous column. Enough said. Good post.


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