Getting caught up following the Eighth Circuit’s ruling

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Sometimes I think back to when I was a regular PFT reader, and not a writer.

Back then, I would often stop checking the site out around dinner time and check back around 9:30 a.m.  [Editor’s note:  Now, he merely shows up for work around 9:30 a.m.]  Readers who took that approach last night missed quite a bit.

Not long before 6:30 p.m. ET on Monday, the Eighth Circuit Court of Appeals granted the NFL’s motion for a stay, ensuring the lockout would continue until Judge Nelson’s ruling is reviewed.  Here’s a quick recap of our coverage since then:

ESPN reported a breakthrough in mediated talks, a rare bit of sunshine in this cloudy process.

Multiple reports quickly disputed that progress had been made between the owners and players.

Still, the lack of progress may have just been a case of semantics.   The NFL made a new offer Monday evening, which is a positive sign, if nothing else.

The strong language of the Eighth Circuit’s ruling came as a blow to the players, perhaps more than the ruling itself.

The NFL is taking this rare victory in the courts to push for more negotiation, and ramp up efforts toward collective bargaining.

The ball is now in the court of the players.  Based on the words from NFLPA* head DeMaurice Smith, it doesn’t appear initially that they will back down.

That should have you caught up with all the labor fun.  Now we hurry up and wait once again.

22 responses to “Getting caught up following the Eighth Circuit’s ruling

  1. Let me guess, in between after dinner and 9;30 am, you we’re studying for a spelling test or doing times tables?

  2. I think the HUGE tide of favor towards the owners that I’m seeing over the last two days is going to put a lot of pressure on the NFLPA.

    The players are the ones witholding football at this point. The owners have had multiple deals on the table, and all it would take to finalize the fan support of the owners (as a nuclear option) would be to make public the details of the offer.

    If John Q. Public sees the BILLIONS of dollars being offered to the players, the increases to the pensions, the MILLIONS in increases to retired players, the HGH testing, the changes to increase player safety, the rookie cap, the FACT that no player will take a pay-cut because of the new deal, if Average Joe sees that, and sees that the players are walking away from it? NOBODY will support the players.

    Fans universally support the increase to retired players, the rookie cap, player safety, and expanded drug testing. Current players turning that down would be the end of it.

    It’s a nuclear option because releasing the full details of the offer would be an obvious effort to negotiate in the public opinion rather than with the other party, but since DeSmith continues to employ that strategy, it’s only a matter of time before the owners return serve.

    Players would resent the owners for turning the fans against them, and it wouldn’t be good for the long-term health of the relationship between the two parties, but if the players continue to ignore the opportunity to negotiate in good faith, the owners will win even more decisively.

  3. De Smith appears ready to go down with the ship and take all of us with him.

    His pride and ego are way too big for him to back down…hopefully the players see that and start to order him to get back to the negotiating table.

    Wishful thinking…I know…but thats all we have.

  4. DeMo will budge when the players tell him to, and not a minute before. This is why the NFL needs to just keep taking their message directly to the players. It will take a while – until now, the players were convinced that they could get what they wanted via the courts. They know full well that they are going to take a haircut in the negotiating room, so they aren’t anxious to go back until they have to. They may well wait until all their legal avenues are exhausted before instructing DeMo to go sue for peace.

  5. Its over, the fight is not about right but might now. I always said whoever got the leverage would dictate the time and terms of a deal. Get a deal so the season can start on time and plan better next time. This is the beginning of the labor war, you lost this labor battle. So regroup, take your medicine like men and come up with a long-term plan. The owners prepared for 3 years, so do the same, but realize this fight is over. Too many people will be hurt if they continue to holdout and try to fight. WELL played NFL/owners.

  6. Don’t really see it as the NFL taking the victory to push for more mediation, more like the NFL saying what it’s said since 3/11 in the face of litigation, that there should be more mediation.

  7. If the owners can simply lock out the players until a “fair deal” can be worked out in collective bargaining, what recourse do the players have? The owners opted out of a CBA that had multiple years left because they were not MAKING enough. The players responded with requests for financial information to support this claim. The owners refused this during negotiations, and instead chose to lock out. The courts seem to be saying now that this is fine under labor law. So what is to stop the players from signing whatever crap CBA the league proposes now and opting out in two years, then striking when the league doesn’t want a new deal? Where does it end?

  8. @ donegan6339

    While all true, the players side hasn’t even looked at the financial information the owners HAVE offered, that reeks of lacking a desire to compromise.

    The ability to opt out of the CBA was collectively bargained in the previous one by the players and the owners, there’s no guarantee a similar mechanism will be included in the next one.

    Also, the players decertified, forcing a lockout, if the owners were so intent on locking them out they could have declined to extend bargaining and do so.

  9. To all those referring to a “fair” deal. Remember that “fair” is a subjective statement. What is fair to one may be considered unfair to another. What is a fair return on investment to one is unfair to the other. I can assure you that what I consider a fair return on my investment in my tiny business is not even close to what my employees consider fair for a return. My highest paid employee makes 85K a year. My return on my 1.4M investment is 144K (last year). Fair is not a true measure of anything due to the subjective nature of the term.

    ***disclaimer***I lean pro-owner and have no relationship with the NFL other than that as a fan

  10. Are you suggesting the players should throw in the towel because of the court ruling? I don’t believe the owners did after multiple rulings against them…

  11. donegan6339…

    The terms of the CBA that players agreed to had specific language that allowed the owners to opt out after 2 years.

    The PLAYERS initiated the court battle.

    which came first….Decrtification and law suits or the lock out?

    What would stop the players from opting out is if the new CBA doesn’t allow opt outs.

  12. Please go to the NFL Boycott page on facebook. Choose the one with the NFL Lockout logo, not the crossed out NFL official emblem. This is an organized and serious movement. See the description. THANKS and let’s get OUR sport back!

  13. As the Appellate Court has applied labor law to rule that their is a labor dispute and no injunction can be issued to stop a labor dispute, it has seemingly also ruled that the decertification is a sham and that antitrust law is inapplicable to the dispute. That being the case, the players should dismiss the lawsuit and get back to the bargaining table.

  14. To all the players who watched Dallas owner Jerry Jones, Jerry Richardson Carolina, Pat Bowlin Denver Broncos, Robert Kraft of the Patriots and the Green Bay president pound their fists and stick you with a bad contract that cuts your income… come to Cleveland as a free agent and give our city a shot. We may not be a flashy city but our fans support players who try hard and our owner is low key.

    Just ask Peyton Hillis how Cleveland fans embraced him. He went from the Broncos bench to the Cover of Madden in one season. If your a good player who feels under appreciated Cleveland fans will embrace you and treat you like stars and we offer the results of the Madden Cover as proof.
    The Cleveland fans defeated fan favorites in Michael Vick, Aaron Rogers, Ray Rice and others. No one ever gives Cleveland a shot but the players who come here and see the support they receive. We got Cribbs his contract he wanted…..

    If you want a fanbase that supports real NFL players give us a shot. Together, we can reach for a championship long overdue and provide you a supportive, not flashy tradition. Go Browns and potential Browns players….

  15. p4ever says:May 17, 2011 10:55 AM

    Are you suggesting the players should throw in the towel because of the court ruling? I don’t believe the owners did after multiple rulings against them…


    I think the players should try negotiating, which would be a new tactic for them. I find it very confusing that the mediator asked the NFL to submit a new proposal at the start of mediation when the NFLPA has yet to give a single counterproposal to the many proposals that the NFL has given them.

    I guess as long as the NFL is forced to keep bidding against itself (ie. submitting proposals that the NFLPA says no to) that eventually the players will get what they want. I am waiting for a mediator to wake up and say to the NFLPA that they should submit a counterproposal.

    Please note that I am of the common opinion that mediation won’t produce anything until the courts rule but at least the NFL is playing along, the NFLPA, who couldn’t even be bothered to show up for day 1 of mediation, is not. It seems the players can’t do any wrong, no matter how much they screw up, in many peoples eyes.

  16. Editor’s note would imply that the editor reviewed this post before it was published…which obviously it wasn’t. Rosenthal is notorious for not proofreading posts; basically he just vomits words onto his word processor then publishes it to this hack website. Even in the comments section you will get the automatic spellchecker…how do you miss so many of these errors, Gregg?

  17. Its funny how negotiating during a lockout is viewed as “the players caving and the owners get what they want.” The reason a lockout (or a strike for that matter) is fair is because BOTH sides suffer during it and BOTH sides have pressure to negotiate a compromise. I wish the players could see through their anger to see this.

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