Friday, July 22, 2011

What's the Hold Up?

As you probably know by now, the NFL owners approved a new collective bargaining agreement that would bring an end to the lockout. Initial reports were that the players would vote this morning. That seems not to be the case; the players want more time to digest exactly what's in the new agreement. It still seems like the players will vote today. But the main takeaway here is that the process is going to take time.

Earlier, I wrote that this is an unusual situation in which the employer wants a union but the employees don't. Expect that same issue to crop up again. The owners want the NFLPA to immediately reconstitute as a union, with e-mail signatures from players so that the process could be over in minutes. The players say that the process must be thorough and deliberate; they want owners to reopen team facilities so that players can sign union cards there. This all goes to one of the initial issues in the case: whether the union's disclaimer was a "sham" or not. If the NFLPA is a "union" that pops in and out of existence almost on a whim, you can expect that, ten years from now, the owners will point to that fact to argue that any future decertification is also a "sham". For that same reason, the players want to act deliberately.

And of course various minor issues, like player conduct, safety, etc., will be collectively bargained after the new CBA is in place. These should not hold up a deal. There is also the outside chance that some of the lead plaintiffs in Brady v. NFL will get some special consideration, though I think that's unlikely at this point.

All in all, I think we are in good position to wrap this up in the next couple of days. I think the players grumbling about the process is more posturing than anything else; they don't want to be seen as rolling over immediately after the owners' vote. I would guess that we have a deal very soon.


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