NFLPA Decertification Strategy
NFLPA’s Best Strategy to Decertify?: Attorney Lester Munson (not to be confused with Roger Cossack) believes that the NFLPA’s best strategy is to decertify in the face of the lockout. It opens the door to filing antitrust litigation against the NFL monopoly (likely successful) and seeking an injunction against a lockout (more uncertain). If they don’t do it by today, they have to wait six months. The other benefit? It keeps any litigation in front of Judge Doty, who, depending on your viewpoint, is biased against the owners, or makes rulings “unfavorable to the owners because they are wrong.” Munson also points out that the NHLPA strategy of not decertifying and continuing to negotiate in the face of a lockout didn’t exactly work out for the players [ESPN.com]
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March 3rd, 2011 at 2:51 PM
Am I alone in being stunned to find a good piece like this on ESPN.com? My expectations for the WWL are so low right now. I read this yesterday and was amazed to actually feel like I had gleaned a lot of information from it
March 3rd, 2011 at 2:51 PM
There is a Kingpin Munson’d joke to be made, but I can’t think of it right now. In terms of quality writing and information, this has to the best 1 liner in the history of the site.
March 3rd, 2011 at 2:52 PM
Who’s ready to learn about Mormons???
watch this gem.
March 3rd, 2011 at 2:54 PM
I see they’re in talks about extending the current CBA a couple weeks to continue negotiations…does that effect the decertification timeline?
March 3rd, 2011 at 2:55 PM
I would think so. It looks like they’re going to extend the CBA by a week to negotite further. About time they started acting like adults.
March 3rd, 2011 at 2:56 PM
Is 2 weeks or whatever going to really get these guys to a resolution? Wouldn’t decertification, and getting there faster, be a way to expedite the process?
March 3rd, 2011 at 2:57 PM
does that effect the decertification timeline?
Yes. As I understood it from that Munson article, decertification just has to occur while the CBA is in place. Once it is expired then there is a 6-month moratorium on decertifying
March 3rd, 2011 at 2:59 PM
The hockey owners and the commissioner were far less adept at making progress than Goodell and his cronies.
March 3rd, 2011 at 3:00 PM
Munson also points out that the NHLPA strategy of not decertifying and continuing to negotiate in the face of a lockout didn’t exactly work out for the players
Is there a sense of which side appears to be ahead in terms of public opinion? I get the feeling it’s moreso with NFLPA this time. In regards to the NHL lockout public support was much more strongly behind the owners, perhaps affecting the decision to decertify.
Players also had the ability to pursue their profession overseas, roughly half the players ‘took their talents’ to Europe and made reasonable wages during the lockout.
FWIW, The eventual agreement between the NHL and the NHLPA cost Bob Goodenow (head of the PA) his job (he resigned, but was likely on his way out).
March 3rd, 2011 at 3:00 PM
About time they started acting like adults.
Whoa! Whoa! Whoa! Temper those expectations. I’m more interested in how this whole thing affects video games than anything else. I would expect the most we miss of actual playing time is one week but I don’t even think that will really happen. That TV ruling is huge because it looks like the owners expect it to stand up to whatever appeal they were planning. So, does anybody know, would decertification by the NFLPA change the current cross-platform monopoly on NFL video games that EA Sports enjoys? Isn’t their exclusive deal with the NFLPA?
March 3rd, 2011 at 3:01 PM
I see they’re in talks about extending the current CBA a couple weeks to continue negotiations…does that effect the decertification timeline?
Parties can make mutual extensions to the deadline so long as the agreement is still in place at the time of the extension. This would in turn extend the time to decertify, which needs to be done before the CBA expires
March 3rd, 2011 at 3:04 PM
The hockey owners and the commissioner were far less adept at making progress than Goodell and his cronies.
I don’t necessarily agree with that, the owners were dead set on ‘winning’ a salary cap, which didn’t previous exist in the NHL while the players were equally as set against it (though clearly they capitulated). The NFL already has a cap.
March 3rd, 2011 at 3:05 PM
I approve of this sentiment, but I don’t play Madden.
I believe that EA has exclusive contracts with both the NFLPA & NFL.
March 3rd, 2011 at 3:07 PM
Jersey, you are really taking your Bieber fandom to an uncomfortable level.
March 3rd, 2011 at 3:07 PM
Good take, but I think a big difference between the two situations is that Bettman is a clueless rodent and God-dell isn’t.
March 3rd, 2011 at 3:08 PM
EA has already stated that Madden 2012 will be released as scheduled. Not sure about decertification and if they could still use player names.
March 3rd, 2011 at 3:08 PM
yeah especially after they had Mark May on there telling the players union to cave cause the “baby mamas wanna a new benz”.
March 3rd, 2011 at 3:08 PM
Is there a sense of which side appears to be ahead in terms of public opinion? I get the feeling it’s moreso with NFLPA this time. In regards to the NHL lockout public support was much more strongly behind the owners, perhaps affecting the decision to decertify.
In the last week or two, I sense that the tide has swung against the owners, except for the guys directly employed by NFL. Doyel, Mike Silver and Reilly have all gone off recently. I suspect that will continue as time goes on. Nothing like a second generation owner who wants more money to make a millionaire player look sympathetic
March 3rd, 2011 at 3:10 PM
This made me laugh.
March 3rd, 2011 at 3:11 PM
EA has already stated that Madden 2012 will be released as scheduled. Not sure about decertification and if they could still use player names.
Yikes. Talk about a nightmare scenario – EA Sports with exclusive rights to the logos and stadiums and all that shit but not being able to use the player names. Video game football might never recover from that
March 3rd, 2011 at 3:11 PM
No it doesn’t. Not as of this moment at least. That’s something that will still be up for debate.
The NHL owners were on top of the mountain in the lockout. They had all the leverage. Players didn’t care enough because like you said, they had alternative employment in the worst case scenario.
March 3rd, 2011 at 3:11 PM
I agree. This seems like the tipping point. The owners are less likely to play chicken with the players without this huge revenue stream.
March 3rd, 2011 at 3:13 PM
The players have chosen the right leaders, and I don’t just mean Smith. Fujita, among others, have really been great answering questions on their feet and delivering the players’ position eloquently and persuasively.
March 3rd, 2011 at 3:14 PM
No it doesn’t. Not as of this moment at least. That’s something that will still be up for debate.
Technically, the current CBA hasn’t expired yet. I don’t see the owners agreeing to a system without one.
March 3rd, 2011 at 3:15 PM
Shit, uncapped year. I’m an idiot.
March 3rd, 2011 at 3:18 PM
decertification by itself won’t, however, it could open up the door for an examination of the anti-trust exemption that allows the NFL to sign deals and contracts on behalf of all the teams, for example, Reebok being the exclusive MFR of apparell, Coors Light the official beer, league wide TV contracts, etc.
March 3rd, 2011 at 3:18 PM
After reading that the Stones song Lovin’ Cup started playing in my head.
/Ohhhhh, what a beautiful buzz, what a beautiful buzz
March 3rd, 2011 at 3:19 PM
The marketing plan that has made the NFL boatloads of cash backfired against them in this fight for public opinion. The NFL markets teams, while the NBA just by the way it’s designed markets players. It’s easier to paint some young black hip hopping basketball player as greedy than it is some non-descript player.
March 3rd, 2011 at 3:21 PM
Video game football might never recover from that
College football games still do ok. I think people would fight it annoying, but I doubt it would stop a majority from buying the game.
March 3rd, 2011 at 3:22 PM
Just read his piece…he decided to take the hackneyed approach and lament what people spend their money on.. He had one quality point about taxpayer dollars funding stadiums, but decided to drown it over outrage about yachts, bowling alleys, and the like. Quite tiresome.
March 3rd, 2011 at 3:24 PM
Didn’t the NHL owners show what their books looked like? It was common sense that the league wasn’t super healthy, anyway, but they were also up front about it.
The NFL owners, not so much.
And it’s hard to imagine how they’d be doing poorly. So when they refuse to give details, yeah, it matters.
March 3rd, 2011 at 3:25 PM
yeah, but at the same time the crux of the owners argument is they are losing money…how can these guys be losing money if they are wealthy enough for yachts, backup yachts, bowling alleys, and the like, yet they cry foul when the NFLPA asks them to open up the books to prove they are losing money. if they aren’t losing money, there’s no ground for the NFLPA to ask them to open up the books, yet, if they really are losing money they have to open up the books.
it’s a populist tone, no doubt, but it’s true.
March 3rd, 2011 at 3:27 PM
The NFL markets teams, while the NBA just by the way it’s designed markets players.
I agree with this, but I think part of the reason for the difference is systemic. NFL players wear a uniform and helmet that covers many of the unique characteristics (tattoos, hair, for example) and the playing field is further away from the stands. This is pretty much the exact opposite of the NBA. You could also make an argument about the differences in team dynamics of the NFL and NBA, but I’m going to steer clear of that one.
March 3rd, 2011 at 3:28 PM
Didn’t the NHL owners show what their books looked like? It was common sense that the league wasn’t super healthy, anyway, but they were also up front about it.
I’m not sure they ever truly opened the books to the players, it was crystal clear that some teams weren’t doing well (bankruptcy). I think Forbes or the WSJ had a report that disputed the magnitude of the losses claimed by the league.
March 3rd, 2011 at 3:29 PM
Thankfully that ends in 2012 when Nike takes over.
March 3rd, 2011 at 3:31 PM
Got it. At least in the NHL’s case, in terms of perception, it wasn’t much of a leap to believe many owners could be losing money.
The NFL, on the other hand. A few weeks ago I paid $18 for an Eagles sippy cup for my daughter. The number of channels by which I support the NFL with my dollars is probably more than I can count on two hands.
March 3rd, 2011 at 3:31 PM
I think people would fight it annoying, but I doubt it would stop a majority from buying the game
I don’t think it would stop anything, really, I just wanted to make it seem like the video games were being locked out. It would just create a black market/secondary market for people to create realistic rosters online. Similar to what happens with the NCAA games
March 3rd, 2011 at 3:32 PM
yeah, but unfortunately it will keep the prices as high as they were for a nylon/polyester screen printed jersey. before the exclusive deals, however, jerseys were 10-15 bucks cheaper.
March 3rd, 2011 at 3:39 PM
The NFL, on the other hand. A few weeks ago I paid $18 for an Eagles sippy cup for my daughter. The number of channels by which I support the NFL with my dollars is probably more than I can count on two hands.
I get where you’re coming from. I just spent $100 on a replica Jaguars helmet for my basement.
/shipping was a giant pain in the ass
March 3rd, 2011 at 5:04 PM
I am normally against unions, but it’s not like the owners are going to take their savings and lower ticket prices if they win, so eff em all.
Is there any way that owners can keep the union from re-forming once the issues are resolved?