Posted by Josh Katzowitz If Judge Susan Nelson, who will hear arguments in a preliminary injunction hearing of the Brady v NFL case, eventually rules in favor of the NFLPA, the lockout would be lifted (temporarily at least) and players could go back to work.
Obviously, that would be ideal for fans.
But Albert Breer of NFL.com argues that a decision like that, assuming it’s held up in the appellate court system, might not be great for the state of the game. He writes, “the momentum the game has built over the last two decades in becoming to America what soccer is to Great Britain, or hockey is to Canada, could be slowed significantly.”
He writes that if Nelson grants the injunction, the NFL could conduct business without a CBA (or, at least, use the same guidelines that were in place for the 2010 season), and considering the NFLPA and the owners still will be embroiled in anti-trust litigation, that will hamper the ability for anybody to fully take advantage of the NFL’s popularity.
"It would be almost impossible to operate under those circumstances," one league executive told Breer. "Teams couldn't make any significant investments for the future. There would be no way to build stadiums, expand into new markets, increase television coverage, bring new technologies into play.
"There would be no way to do any joint marketing with the players. There would be no basis for improvements in retired player benefits. Conflict would be the norm."
Of course, you have to remember that the NFL operated for years without a CBA after the players won their anti-trust suit against the NFL in 1987. And it's not like the league collapsed. Could a similar event happen this time?Writes Breer:
The NFLPA contends that the G-3 fund -- which loaned money to clubs for stadium construction -- and other incentives to build new venues can be reinstituted by owners without player involvement. But the likelihood of that happening in the described conditions isn't good, which would leave the future of the league in places like Minnesota and San Diego on hold, and put those franchises on standby.
On top of that, AEG CEO Tim Leiweke told NFL.com two months ago that his project in downtown Los Angeles was contingent on the "right CBA." So without an agreement to speak of, the future of the NFL in the nation's second-largest market would also likely be delayed, putting the Staples Center project in peril.
Then there's the trickledown to the players. Last offseason, the Patriots, Colts and Saints all cited the uncertain labor future as a major obstacle to extending the contracts of their franchise quarterbacks (Tom Brady got his; Peyton Manning and Drew Brees didn't get theirs). Dozens of lower-profile players found themselves in similar situations, with a similar message from teams. On top of that, hundreds of fourth- and fifth-year players were hit by the change in free-agency rules during the uncapped year. It's likely those rules would carry over.
What is up for debate is how the league's growth in two areas -- sponsorship and advances in technology -- would diminish without a CBA. An NFLPA source put it bluntly in saying, "People invest in profitable businesses, and the NFL is highly profitable." The source also took the idea that spending was down as a result of the looming labor problem to task.
Of course, it’s impossible to know how everything will play out based on the way Nelson and, eventually, the appellate court rule. But the process begins today, and for both sides, it has to be a scary proposition as they step into the unknown of courtroom litigation.
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