NFLPA decertification?

The NFLPA is passing out cards to players setting the stage to request a vote on decertifying the union as the collective bargaining representative of the players. Rumor has it the Saints have unanimously voted for decertification. It is most unusual for a labor organization to seek to destroy its right to bargain for a group of employees it represents. But in this case NFLPA seems to think decertification is a defense against a potential lockout by owners when the current collective bargaining agreement expires in March. More after the jump.

NFL seeks booth review from SCOTUS

The NFL has filed a Cert. petition in the Star Caps case, claiming the NLRA preempts state law protecting players from the collectively bargained anti-drug policy. OUr previous post on the Eighth Circuit's opinion is here.

Goodell suspends suspensions

NFL Commissioner Roger Goodell announced Tuesday that the league would not, at this time, enforce suspensions on Saints players Will Smith and Charles Grant. The NFL is playing this smart by not suspending the Saint's players. Not only is it good P.R., meaning they would not have to endure the complaints about different treatment of the Vikings players, it positions the league to argue to SCOTUS that a nationally consistent policy is necessary, that the collective bargaining agreement pre-empts state law, and I think the Court will agree.

Williams v. NFL Nos. 09-2247/2462

The Eighth Circuit upheld the arbitration decision which imposed discipline upon 2 Vikings (K. Williams and P. Williams) and three Saints players (McAllister, Grant and Smith), but found that claims the Minnesota players raised under two state laws, Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA),  Minn. Stat. §§ 181.950-957, and Minnesota’s Consumable Products Act (CPA), Minn. Stat. § 181.938 were not preempted by federal labor law. The opinion provides an interesting walk through preemption under Section 301 of the Labor Management Relations Act. Because the district court had declined to exercise supplemental jurisdiction over the state law claims, the Minnesota players are free to challenge their discipline in state court under two employee protective Minnesota laws. The claims under the state laws have not been completely fleshed out other than in the bare pleadings. One of the surest sports bets of the season is that the NFL will petition for cert.