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NFLPA* shouldn’t dismiss NLRB charge

Kevin Mawae

During a Monday conference call with the media, NFLPA* president Kevin Mawae said that he has no concerns about the charge the league filed with the National Labor Relations Board regarding the union’s effort to decertify, in the obvious hopes of increasing their leverage in negotiations with the NFL.

“We’re not a union anymore,” Mawae said, via Jarrett Bell of USA Today.  “So any case before the NLRB is trumped by our decertification.  So it doesn’t matter.”

The NLRB disagrees.

“It doesn’t change what [allegedly] happened,” NLRB spokesman Nancy Cleeland told Bell.  “The charge is still being investigated.  By [the NFL] amending the charge, obviously, they still think it’s live.”

Cleeland is referring to the league’s recent effort to adjust the initial complaint filed on February 14, at which time the league argued that the union was failing to genuinely bargain in order to launch the decertification-litigation strategy.  After the decertification-litigation strategy launched, the league added to its charge the notion that the ruse was aimed at securing leverage, and that it doesn’t constitute a legitimate bargaining tactic.

The filing complicates the legal action pending in Minnesota federal court, and it gives the NFL another possible path toward forcing the union to reconstitute itself and return to the bargaining table.

It’s another reason why the players need to recognize the uncertainty of the litigation process and to attempt to control their destiny by negotiating with the league while these matters are pending.

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34 Responses to “NFLPA* shouldn’t dismiss NLRB charge”
  1. nflpasux says: Mar 16, 2011 8:39 PM

    Dumb jocks will be begging to come back to work in a few weeks after the NLRB slams them.

  2. skoobyfl says: Mar 16, 2011 8:42 PM

    Just play football guys, split it all & let the accountant sort the Billions out. Many of us fans are financially hurt & complaining about splitting up huge sums of money fairly is so against the grain now that all of you should be ashamed of yourselves. I personally am sick about it & think that if there’s too big of break, I’ll find new things to do on Sunday’s in the fall than support a bunch of greedy kids.

  3. Uncle Leo says: Mar 16, 2011 8:42 PM

    “It’s another reason why the players need to recognize the uncertainty of the litigation process and to attempt to control their destiny by negotiating with the league while these matters are pending.”

    Is that a nice way of saying “It’s another reason why players need to recognize they have absolutely no idea on the labor situation and litigation process, so they should shut the **** up before they completely destroy any leverage the NFLPA* may have”?

  4. iknowfootballandyoudont says: Mar 16, 2011 8:45 PM

    I can’t wait till the “litigation strategy” backfires on the players. Every thing they say in public backs the leagues contention that the decertification is a ruse.
    The players should be sued just for being so stupid to follow their Pied Piper to the slaughterhouse

  5. goldsteel says: Mar 16, 2011 8:46 PM

    The complaint could certainly be argued considering the NFLPA’s conduct. It won’t be dismissed out of hand. The litigation plot thickens. Curiouser and curiouser.

  6. inthecrowdlax says: Mar 16, 2011 8:50 PM

    What happens when some players cannot make their monthly mortgage or child support payments? There are a number of players who did not save for this.

  7. garyman1 says: Mar 16, 2011 8:52 PM

    “We’re not a union anymore”. Ok…Fine…. Then you should have no problem if the owners offer future players $100K year maximum. There is no union…..therefore no contract…. every player and team can negotiate their own wage. There would also be no union dues to pay.

  8. commandercornpone says: Mar 16, 2011 8:52 PM

    duh and mawae are still maneuvering. no one has left the building.

    so hell yes it is a scam.

    if it isnt a scam, get all the union professionals out of there and get actual players, like say, all the teams’ starting QBs out there to rep and testify etc.

    that would end all this in a matter of hours.

    union leadership, at the end of the day, are not rank and file union members. duh never played, and mawae no longer plays.

    there isnt a union? then they should gtfo of all discussions. duh wants it both ways, all the advantages of decert with none of the disads.

  9. txchief says: Mar 16, 2011 9:00 PM

    The non-union is just pretending that they are a bunch of stupid jocks that don’t know how to play by the rules that everyone else must abide. Oh wait…maybe they are really just a bunch of coddled, self important primadonnas! Silly me!

  10. elrushbo2 says: Mar 16, 2011 9:09 PM

    When the players worked this out on paper (using a crayon) it looked like a good idea. Now not so much.

  11. jamaltimore says: Mar 16, 2011 9:18 PM

    What you are is a fraud! If they are no longer a union the NFL owners should be happy! Can’t the owners figure out a way to say great no union we are now a right to work enterprise and tryouts start tomorrow for all you NON-UNION Guys! The retired players union we’ll negotiate with to make sure they get what they deserve you active guys can still earn it on the field! We are ready to start offering contracts again now that we got rid of the overhead of stupid union lawyers and football players who want to pretend to be lawyers!

    PLEASE!

  12. odessabucs says: Mar 16, 2011 9:20 PM

    I hope I’m wrong, but I’m not for sure the players have much to worry about, given the way this NLRB is comprised under the current Administration.

  13. footballisking says: Mar 16, 2011 9:24 PM

    “It’s another reason why the players need to recognize the uncertainty of the litigation process and to attempt to control their destiny by negotiating with the league while these matters are pending”

    If the players wanted to get walked on they would take your advise and cave and accept a bad deal……You have got be kidding yourself if you really belief that the league was trying to negotiate..the leagues “negotiation” consisted of..”give us more money and just take our word for it that we need it”

    the NFLPA is going to humilate the nfl in court and I cant wait till the leagues arrogance gets blasted

  14. txchief says: Mar 16, 2011 9:26 PM

    I guess Kevvie is the first multimillionaire oppressed migrant worker! According to the USA Today NFL salary database, the horribly deprived Mr.Mawae earned $59,625,000 in his NFL career. That’s nearly sixty million bones for those who don’t do math.Not bad for a dirty playing offensive lineman! Ef him!

  15. cylondetector says: Mar 16, 2011 9:28 PM

    Its still amazing to watch how quickly the players have managed to turn public opinion against them.

    Amazing, because there hasn’t been overwhelming sympathy for the owners – just disgust at a bunch of overpaid athletes who think a good 40 time makes them a partner in an NFL franchise.

  16. Kave Krew says: Mar 16, 2011 9:38 PM

    The beginnings of a labor confrontation are usually highly charged, highly emotional, and tons of ‘my father can beat your father up’ moments.

    But after a short while, the people on the sidelines get worn out and stop giving a crap……….

    We are getting close to that moment…..

  17. 3octaveFart says: Mar 16, 2011 9:42 PM

    ..and the NFL shouldn’t dismiss the possibility of Congress stripping them of their antitrust exemptions.

  18. vahawker says: Mar 16, 2011 9:42 PM

    ***sigh***

  19. adammuz says: Mar 16, 2011 9:43 PM

    So I hear the NFL and players’ union*(to take that stupid technique from this website) are having some trouble deciding who should get a couple billions of dollars in revenue…

    Well, I’ll take it.

    I’m sure the rest of us fans putting up with this crap will too.

    Just stop the legal crap and get back to playing football already.

  20. realfann says: Mar 16, 2011 9:59 PM

    @skoobyfl

    The players offered to split all revenue 50:50. No need for lawyers, auditors, anything else. The owners said NO WAY and even refused to use the number as a starting point for negotiation.

    @garyman1

    The players would do this in a heartbeat. Then teams would bid for each player and the player would sign with the highest offer. Manning, Brees and Brady would triple their pay overnight as Jerry Jones & Dan Synder threw money at them. But no, this will not happen, the owners are the one that are preventing this situation by fighting the union decertification. The owners WANT a union. The last thing the owners want is a free market for players. The owners want to set salaries by beating a union into submission.

  21. bluvayner says: Mar 16, 2011 10:35 PM

    The players and the union are way over their heads in this. The union leadership is basically making it up as they go along. The owners and their fleet of high price lawyers are going to make them look foolish.

  22. jerseydevil856 says: Mar 16, 2011 10:42 PM

    @realfann

    The players offered to split all revenue 50:50. No need for lawyers, auditors, anything else. The owners said NO WAY and even refused to use the number as a starting point for negotiation.

    ************************************

    Yeah, I wonder why the owners wouldn’t want to split the revenues 50/50 when they’re the ones fronting all of the operating expenses for the team.

    Look, if the players want a TRUE partnership agreement, here’s a starting point. And I got my numbers from the Packers public financials at:

    http://joe.bowman.net/Statement.htm

    You have a $9 billion dollar pie, or $281 million per team. First thing you do is take 5% off that and allocate that money towards lifetime benefits for all past and current players. That’s $450,000,000 or $14 million per team.

    Next, you take 35% of that $9 billion and allocate it towards the operating expenses of the teams. This would go towards stadium renovations, rent, staffing, coaches, admin people, marketing, etc. Basically everything you need to make sure that the clubs are successful. That equates to 3,150,000,000 or $98 million per team.

    Now, out of the 40% of the pie that’s left after BOTH parties have shared in the costs of their JOINT PARTNERSHIP….you give the players 70% of what is (theoretically) profit. This is $5,400,000,000 or $$118 million per team…roughly where the salary cap was in 2007/2008, so it’s not a huge cut for the players.

    That leftover percentage is the owners cut…$1.62 billion or approximately $50 million per team.

    This simple little change in the way they divvy up their funds accomplishes quite a few things:

    - It makes the players true partners, because they recognize that the owners are paying everything out of a 40% share of the pie now, and what’s left over is not much. This way, they allow the owners a “cut” before anything else to run the clubs, which is the livelihood for everyone.

    - It forces the owners to really keep an eye on expenses to keep it in that 35% range. Anything over and above that comes out of their “profits”.

    - Throw in a rookie wage scale, and the players are still getting a very respectable piece of the pie.

    Now, the numbers can be tweaked a bit, but the gist is there. All you need is some calmer heads to throw around solutions like this, and this could all be an afterthough….we could have football…and the health and long-term viability of the league is preserved. Everyone wins.

  23. poweredtoast says: Mar 16, 2011 10:56 PM

    Wow there are some idiots commenting here…

    The 2009 CBA worked out as a 47%/53% owner/labor split of total profit, and the owners offered worked out to a 53%/47% deal. The players countered right in the middle – a 50/50 split and the owners WALKED OUT and THEN filed charges against the NFLPA for not negotiating in good faith!!!!

    Mawae is 100% correct and those of you too ignorant to see why ( or worse, too stupid / dishonest to acknowledge why ) are in for a rude awakening.

  24. Deb says: Mar 16, 2011 11:09 PM

    The NLRB has had this more than a month and really shouldn’t require anymore time to “investigate.” They know the issues. It is what it is. Let’s have a ruling so everyone can move forward.

    And it’s so cute how you guys (the ones who aren’t being paid to do it) are championing Big Business and hoping the players are crushed. You guys would probably sell out the Rebel Alliance to Darth Vader assuming he’d spare you, only to stand there with stupid grins on your faces while the Death Star wiped out your home planet.

  25. idriveamoped says: Mar 16, 2011 11:39 PM

    @poweredtoast

    So let me get this straight. You think the players should get 50% and be able to freely spend it on what ever they want.

    The owners get 50% and out of that they have to fund operating expenses and such, and what ever is left over, they get to keep?

    Doesn’t sound like a fair deal to me.

  26. mick730 says: Mar 17, 2011 12:09 AM

    “We’re not a union anymore.” Really, then what are you? Chief Tradesman of a Trade Association? Funny, last time I looked, you hadn’t been a member of that trade in almost two years. So what’s up?

    And why is this guy so perpetually angry? He made almost 60 million bucks playing a game. Go figure.

  27. klunge says: Mar 17, 2011 12:21 AM

    poweredtoast says:
    Mar 16, 2011 10:56 PM
    Wow there are some idiots commenting here…
    ———————————————–

    I wonder if you even see the irony in your own comment…

    poweredtoast says:
    Mar 16, 2011 10:56 PM
    Mawae is 100% correct and those of you too ignorant to see why ( or worse, too stupid / dishonest to acknowledge why ) are in for a rude awakening.
    —————————

    Oh what the heck, I’ll bite…enlighten the 95% of us ignoramuses on exactly what “rude awakening” we are in for…

  28. justareasonablevoice says: Mar 17, 2011 12:30 AM

    I don’t blame players for wanting fair pay and better benefits, but this is getting crazy.
    If there is no union than start from scratch, cancel all contracts and renegotiate new contracts.
    if some one wants more money let him go some where else. I’m sure there are many kids out of college that are good and want work.
    If the players aren’t happy with what the owners are doing, then let them get together and buy their own team and change how things are done.

    If a player eventually owned a team, I would bet that his views would change to favor the owners.

  29. justareasonablevoice says: Mar 17, 2011 12:35 AM

    What entitles the playerss to be partners?
    I wish my boss would consider me a partner, Its been 13 years I could make some good sports money!

  30. realfann says: Mar 17, 2011 12:55 AM

    @jerseydevil856

    The owners would not sign your deal that’s why you got all the thumbs down. Lot of owner lackeys busily monitoring this site.

    The owners see the record ratings for NFL on TV. The owners see sites like this getting record hits. The owners see fans willing to pay higher and higher PSL’s & season tickets (some Cowboy fans wrote 5 figure checks for PSL’s). The owners see huge growth in interest outside of America.

    In short, they see huge, huge, revenue growth.

    They want to keep that revenue growth all for themselves. Period.

    All their proposals have that as the foundation. They will only share those growth dollars if the courts force them to.

  31. bucfandango says: Mar 17, 2011 1:10 AM

    “Not right now, Lumbergh, I’m kinda busy. In fact, look, I’m gonna have to ask you to just go ahead and come back another time. I got a meeting with the Bobs in a couple of minutes.”

  32. lawyermalloy says: Mar 17, 2011 9:03 AM

    Kevin Mawae’s an idiot!

  33. tiproast says: Mar 17, 2011 9:08 AM

    Now that the NFLPA has decertified itself, how does it put the genie back in the bottle?

    If they recertify, then it shows that the owners were correct, and that decertification was a sham.

    If they don’t recertify, then if and when another union is created, the NFLPA will dissolve. Why would the players pay dues to both a union and the NFLPA?

  34. mikebacker says: Mar 17, 2011 10:19 AM

    This is what happens when you let Master P-er-DeMaurice Smith do your negotiating.

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