Blog Entry

Will the NFLPA choose not to recertify?

Posted on: May 27, 2011 1:41 pm
Edited on: May 27, 2011 1:50 pm
SmithPosted by Josh Katzowitz

You know how we’ve talked over and over again about how the owners think the NFLPA’s decertification is a sham because everybody just kind of assumes that the trade union will recertify after this labor fight ends?

Well, the NFLPA might not recertify after all. In fact, Yahoo! Sports’ Mike Silver is reporting that executive director DeMaurice Smith said he’s come “full circle” – from the ultimate union man to a man who thinks a union-free existence might be the way to go.

“When I went into this, my attitude was that the only way you have power is collectively, and I believed in unions as vehicles for employees asserting their rights,” Smith told Silver. “But looking back on what Gene (Upshaw, former NFLPA executive director) experienced and understanding this particular situation, I’ve now come to appreciate the value of decertification in our particular circumstance. And I don’t see why we’d want to go back to being a union.”

If the players don’t reform – and Upshaw apparently didn’t want to reform in the early 1990s after the association decertified the first time and won unrestricted free agency (he was coerced into doing it by the owners) - that potentially could be a big problem.

As Silver explains, “Absent a union, players would be free to assert their legal rights under the Sherman Antitrust Act, and accepted institutions such as the NFL draft and rules governing free agency would be vulnerable to courtroom challenges. It’s also possible that a non-unionized workforce could gain legal protection from a lockout, as the players did in April in successfully obtaining an injunction from U.S. District Court Judge Susan Nelson.”

According to Smith, NFLPA lawyers in 1993 “met with Gene for five hours and tried to talk (recertifying) through with him, but he wouldn’t budge. So they went back to the owners and told them: ‘Gene won’t do it.’ That’s when they came up with the idea of writing up the affidavit that was included in that CBA [and all future CBAs] saying that if he ever wanted to decertify again they wouldn’t challenge it. That was the only way they could get Gene to agree to recertify.

“So given that history, and where we are now, let me ask you a question: What could they possibly tell me that could get me to agree that recertifying is a good idea?”

It’s a good question with no clear answer. In fact the answer is so unclear that a Georgetown law professor interviewed by Silver described the possibilities of a union-free NFL as “very messy.”

Still, you can bet on this: if the NFLPA doesn’t recertify and it challenges the NFL again in court, this labor strife might be here to stay for years to come. Then you might see a sport changed forever. And not necessarily in a good way.

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Since: Dec 2, 2011
Posted on: January 8, 2012 3:05 pm

Will the NFLPA choose not to recertify?

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Since: Dec 2, 2011
Posted on: December 3, 2011 7:16 am
This comment has been removed.

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Since: Mar 15, 2011
Posted on: July 23, 2011 10:08 am

Will the NFLPA choose not to recertify?

DeMaurice Smith is leading the players toward the edge of a cliff if he follows this path believing the owners will allow the collective bargaining process to be a one-way street strictly in favor of the players.  By refusing to recertify, the players would be taking the unrealistic stance of wanting to eat their cake and have it too.  I seriously doubt the vast majority of players will follow DeMaurice down that path.  

Since: Oct 20, 2006
Posted on: June 3, 2011 10:55 pm

Will the NFLPA choose not to recertify?

Posted on: May 27, 2011  5:55 pmScore: 116

Will the NFLPA choose not to recertify?

“So given that history, and where we are now, let me ask you a question: What could they possibly tell me that could get me to agree that recertifying is a good idea?”
How about this -- no union = no collective bargaining right?  Then every team, as long as they do not "collude" together can make their own rules for their own team -- salaries, roster size, insurance, benefits, # and length of practices, # of games per year, etc.  So, lets say Dallas and Greene Bay want to play 18 game or 20 game schedules?  Guess what --if you play for them you are playing 18 or 20 games!  Also, no minimum salaries -- so all the non-star caliber players may suddenly find their incomes drastically reduced.  No minimum/maximum roster sizes -- that would be "collusion" too, so Dallas may have 80 players and Jacksonville decide they can get by on 45 --possible that overall their would be fewer NFL jobs.  No union -- likely result is no NFL or at least an NFL with:

1.  Fewer jobs
2.  Lower pay
3.  Fewer benefits
4.  More practices, OTAs, etc
5.  More games

And, likely, less competive balance as the big revenue teams would not be constrained by salary caps and roster limits from hoarding the best players at the expense of smaller revenue teams.

WHY...because you say so?

This is Absurd.

1) NOT FEWER JOBS or MORE.  Same Jobs with better Owners with deeper pockets willing to spend to win.  The cream will rise to the top. Owners who put the best product on the field will NOT be subsidesed by their fellow owners to maintain parody.

2) Higher Pay.  Right Wingers are Communist of Convience.  They really prefer Crony-Capitalism.  The Best players will be paid and there will be no CAP.    HIGHER PAY.

3) Benifits will be negotiated by the individual and a standard will be met.  Players with the higher pay can afford what they want in benifits.  

4) More practice, OTA's, etc?   WHY?  because you say so?  NO!  The Top guys will Dictate that.  They will do it in the Individual Contracts.   

5) More games?  More Money....bigger contracts...and the law of diminishing return due to injury and larger rosters to accomidate that.     

In 2 words: "FREE MARKET"     Again, you only agree with Capitalism when you THINK it suits you...or you don't know what it is.

Since: Oct 20, 2006
Posted on: June 3, 2011 10:44 pm

Will the NFLPA choose not to recertify?

chevy....this is an idiotic post.  It was GENE that got the Players every single thing the owners are not trying to take back. lol  


Really?  How is that then BAD?   And had they gone the Gene Route then....the Players would have Free Market Capitalism and American principles of Contract Law governing them and not a group of Owners imposing CAPS and Mandates.

Gene has been proven RIGHT as the NFL, with the help of a Conservative Court breaking US LAW.     &

Since: Oct 20, 2006
Posted on: June 3, 2011 10:40 pm

Will the NFLPA choose not to recertify?

Winggin...there is nothing to agree with.  The PLAYERS are now a 'TRADE ASSOCIATION'   This is not up for debate.   They are "NOT" a Union.  They are now being FORCED by a Conservative Court to "BARGIN" or be subject to a "Lockout" that could only be imposed on a "UNION" if they rule the way many pundits seem to think.

This will be all very clear if the players indeed do NOT Recertify.  And every thing the Owners are trying to impose to "LIMIT" how much the players can make will GO AWAY.  The owners in essense hiding behind the court asking them to save them from themselves with spending.  With decertification will come NO CAP.  Then let the owners see how that works out.  FREE MARKET CAPITALISM  

Since: Aug 21, 2007
Posted on: May 30, 2011 7:42 pm

Will the NFLPA choose not to recertify?

I agree with whom ever stated... "If there is no union, then why is Smith still talking like he's the head of the union?"  Correct me if I'm wrong but at this point isn't it every player for themselves?  I mean Smith should be out of a job, right?

Since: May 11, 2007
Posted on: May 28, 2011 3:52 pm

Will the NFLPA choose not to recertify?

I never thought the players would hire a union boss as bad as Upshaw.... But I was wrong

Since: Dec 1, 2009
Posted on: May 28, 2011 8:17 am

Will the NFLPA choose not to recertify?

Wow! The BOT calling "itself" Irregardless needs its programming tightened up. Those anti-worker goons on Madison Avenue who shill for the Koch brothers aren't earning their shekels these days.

Since: Jan 28, 2011
Posted on: May 28, 2011 5:50 am

Will the NFLPA choose not to recertify?

DeMorris has a huge case of the Little Man's Syndrome. Philosophizing all the way to court, Why must he be intent on insulting the fans intelligence? In the mean time I have lost a ton of respect for some of the games more notable players. Especially after Brees recent comments regarding the NFL owners. Apparently the players are out of touch in the last few years in reference to the economy and jobless rate.......I would give my left arm to have another chance to play organized football, Obviously the players have forgotten they are not born entitled to play....

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