NFL Lockout Update: The Empire Strikes Back (sort of)

Posted on May 18, 2011 by Chris Fusco

The 8th Circuit has spoken and the lockout is back on pending the formal appeal of Judge Nelson's decision. By the tone of the appeals court's decision allowing the lockout to stand (for now), the judges were not that impressed with the players' association's tactics and the lower court's decision.

All along, the NFL has been arguing that the players have been "playing" fast and loose with the legal process. After not being happy with the collective bargaining process (at the NLRB), the owners claim the players wrongfully decertified the union and started a class action lawsuit. The owners have been arguing that all of this legal maneuvering amounts to improper forum shopping to find a sympathetic judge. It strongly appears that the appeals court thinks the owners are right.

All of this signals that the lockout is here to stay. The owners now have the leverage they wanted to drive a very hard bargain from the players. Many of the union leaders who shot their mouths off on sports radio did not realize they were leading the players into the owners' legal trap.

Whether there is a season or not will depend on the owners willingness to compromise from a position of strength and the players belief they have fumbled on the goal line.

 

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