2011 lockout and #LETUSPLAY social media blitz

The cat and mouse jockeying between the NFL and the NFLPA turns to the players marking today (January 18) as #LETUSPLAY across social media. The players are trying to counter the accusation they favor a lockout, and more positively, perhaps build sentiment against owners employing a lockout strategy. The owners want new rules and a lockout is not the only way to get them. The owners could bargain to impasse and unilaterally impose the rules leaving the players the choice to either play under the new rules or strike. The latter option would seem unlikely given a #LETUSPLAY social media blitz.

Impasse on tap

Tonight's labor law class will discuss the concept of impasse as it relates to the duty to bargain under the National Labor Relations Act. What better example of the hazards of unilateral action than the case of the Michigan beer distributers who one after another bargained with a Teamsters Union local, each one declared an impasse was reached and unilaterally imposed a new contract with what the NLRB described as "substantially lower income and reduced benefits for employees, particularly the drivers." Ultimately the distributors were found to have bargained in bad faith and were tagged with a $41 million dollar back pay award.