Brady v. NFL: a primer

[Omaha Steve]

http://www.nationalfootballpost.com/Brady-v-NFL-a-primer.html

Before we return to the “he said/she said” phase of the NFL labor dispute, I thought I would focus on what is actually in front of us as the reality of the NFL right now. Thus, here is a primer on the case of Brady v. NFL, a case whose eventual settlement will be the basis for the next Collective Bargaining Agreement (CBA) in the NFL.

Why are the Players (Brady, etc.) able to sue?

Since the NFL Players Association (NFLPA) has decertified and relinquished their role as the collective bargaining representative of NFL Players, NFL players are now a non-unionized workforce. As such, they can now argue that certain conduct of the NFL that is blessed in labor law -- through the presence of a union and collectively bargained agreements -- is now illegal under antitrust law. Players claim that the 32 individual franchises conspire by implementing these rules. Since the bargaining relationship with the NFLPA has ended, the NFL is no longer immune to antitrust scrutiny, and players are now able to bring lawsuits against the NFL.



Von MillerICONMiller is the named rookie plaintiff.

Who are the plaintiffs?

Besides Tom Brady, Peyton Manning, and Drew Brees, the named plaintiffs are: Vincent Jackson, Ben Leber, Logan Mankins, Brian Robison, Osi Umenyiora, Mike Vrabel, and Von Miller. Beyond that, this is a class action lawsuit, meaning the aforementioned players are representing essentially all NFL players as well as those eligible to become NFL players. The named plaintiffs also represent different categories of players such as recently signed (Brady), restricted by the events of the past year (Jackson, Mankins), having one year remaining on their contract (Brees), playing under a franchise tag (Manning), a free agent (Leber) and an incoming rookie (Miller).

What do the Players want?

The Players are requesting:

* An injunction to stop the NFL lockout and force teams to open their facilities to players and transact business;
* Restraints on their earning ability (lockout, draft, salary cap, franchise/transition tag) declared illegal;
* Players currently under contract to be immediately paid;
* Treble (triple) damages for all players due to these restraints, as well as costs and attorneys fees.
* A declaration that the NFL has waived its right to assert any “sham” defense – meaning that the NFL cannot contest the NFLPA’s decertification as illegitimate.

What do the Players really want?

A better CBA than they were offered in bargaining. Players think they can procure better terms through litigation than the NFL offered at the bargaining table, as was the case in 1993 in the Reggie White v. NFL class-action lawsuit.

Do the Players have a good claim? What is their likelihood of success?

If this case ever gets to court – which I think it will not -- the Players will have good arguments but may have trouble countering the NFL’s “competitive balance” justification. All the restraints – salary cap, player draft, franchise tags – serve to even the field, leading to a higher-quality product, increasing fan interest, and driving up the NFL’s profitability (of which the Players share a portion). Also, in American Needle v. NFL the U.S. Supreme Court hinted that competitive balance provides a proper justification in antitrust litigation.

FULL story at link.

[Nederland]

1. To sum up:

A bunch of millionaire and multi-millionaire players are suing a bunch of multi-millionaire and billionaire owners.

Do any of these people think they will actually get much sympathy from the average working person?

[pacalo]

2. Woohoo! You sound like my husband. No sympathy from him.

"They're not putting any money in my pocket."

[Omaha Steve]

3. The NFL wants 2 more games a year for a lot less money

Don't forget the people that depend on income from the games that are at risk too. Just saying don't play costs over 100,000 part time incomes. Many of these jobs create overtime for workers too.

[QED]

4. Thank you for posting this.

It's good information. I'm conflicted about the millionaires vs. billionaires thing but your point about the other workers - the food vendors, ticket takers, ushers, etc. is important. Think of all the other revenue - even if someone watches the game at home they may be stocking up on chips and beer.

[Omaha Steve]

5. Welcome to the DU

And more guacamole is sold for watching the Super Bowl than any other day of the year. :-)