Ratification

The NFLPA ratified the collective bargaining agreement with the team owners.

Lockout argued

There is a terrific post on the oral argument in the Brady case at Prawfsblawg, including a link to an audio of the argument. I'm not sure that it matters whether the union is decertified or not for purposes of the Norris-LaGuardia Act coverage of a labor dispute. A labor dispute can exist without a union. The players should have an unfettered right to disavow their union. Even if it is a tactic used to gain advantage,the National Labor Relations Act affords employees the right to decertify, and the union thereafter has no legal status as employee representative. Once done, the basis for the anti-trust exemption in labor relations no longer exists. I am surely an outsider to the dispute, but lots does not make sense to me. It seems like the owners are incurring huge potential risk with a lockout. All the bad possibilities of a strike, lost season, economic devastation, etc., but the real risk of blame for the outcome being placed on the shoulders of the owners, not players. Add to that anti-trust exposure, well, YIKES!

NBA lockout?

First the NFL, and now maybe the NBA? Professional basketball has only just recovered from the last labor dispute (1998-1999) and is being rewarded with full houses and on court excitement. But the collective bargaining agreement expires in 2011, and that could mean an aggressive play by the billionaire owners against the millionaire players - a lockout.

Stayed

In a somewhat unusual move, the United States Court of Appeals for the Eighth Circuit has issued a temporary administrative stay of Judge Nelson's order enjoining the NFL owner's lockout. The stay is a procedural device to allow the court enough time to do a preliminary review a matter. Normally it is used for emergency situations like death row appeals. Many commentators expect a ruling next week.

Stay rejected

Judge Nelson rejected the NFL's request for a stay of her order ending the owner's lockout. The NFL now will try to expedite an appeal to the United States Court of Appeal for the Eighth Circuit.

Lockout enjoined

As we expected Federal Judge Susan Nelson has enjoined the owners lockout, citing irreparable harm not only to the players careers, but to non-parties like concessionaires and fans. WOW! And if the owners are waiting for the NLRB to declare the decertification of the union an illegal tactic, then they live in a fantasy world far less real than fantasy football. Moreover, Judge Nelson pretty well rejected the argument, which was a stretch from the beginning. Saints have posted the NFL's statement on the ruling here.

Mediate!

Over the NFL's objection Federal Judge Susan Nelson has sent the NFL and the players to mediation in front of a federal magistrate. The NFL urged mediation is inappropriate until the NLRB rules on the legality of the decertification of the union. I cannot believe the current NLRB will restrict the right of players to decertify their union. Nor can I believe the court will refuse to address the players anti-trust claims. The judge also issued a strong warning to both parties that litigating rather than mediating was very risky.