'Bird said:
This is what confuses me about the debate we are having. Why are people quick to denounce the players for using the legal system but are fine with the owners locking out the players? If the roles were reversed and the players were using their right as a labor force to strike and the owners were using the legal system to get what they want then I would have no problem with it. It is all utilizing different means to get to an end. Letting time pass and waiting for negotiations at this point is too detrimental to the players' end so they are using the courts to expedite the process. That may seem backwards because of how long courts take to rule but the alternative was much worse and weakened the players' position daily. Both sides are using what is at their disposal to get the best CBA done for their side. Now if this continues through the courts then eventually the judges may hold true to their promise that neither side will like the outcome because since it is an anti-trust lawsuit then most likely the "system" gets blown up. The owners are hoping to use Time to force financial pain on the players so they cave to what they want and the players' Leadership is using the court to quicken the process or at least keep the Season intact while a new CBA is negotiated.
Lockouts and strikes are the traditional, approved methods of resolving labor disputes. The NLA discourages the use of lawsuits and the courts to resolve them. According to one (relatively easy and plain) interpretation of the law, its illegal to use trust suits as leverage in a labor dispute.The players have been denounced because their use of the law is circumspect. The suits ask for things the players supposedly don't want. I have a hard time with that kind of dishonesty. (I realize the owners are not innocent in that arena...they're about to get a righteous smack-down on the TV deal). Using ANYTHING at ones disposal is neither right or fair. If I own a gun, can I pull it out and threaten the used car salesman in order to get a better deal? There are lines and limits. IMO, the players crosssed that line and limit.
Not a lawyer, but I don't think any kind of decision has been rendered so far that indicates that anti-trust suits can't be filed in this situation. I think the only issue that has been addressed so far by the courts is whether the lock-out could be kept in place or not. The legality of the lock-out hasn't even been addressed, and could be ruled illegal in the future (if the cases get that far).As far as the anti-trust suits go, the players may prefer a CBA that meets their goals,
but they will certainly proceed with the suits if such a CBA can't be achieved. There is nothing circumspect or shady about that at all. It is certainly no worse than the owners opting out of an already agreed to CBA, then locking out the players and risking the loss of a season in order to achieve a CBA that meets their goals (and fighting for their right to impose the lock-out in court). Both sides are using what they believe to be legal, justified methods to achieve their goals, but for some reason whatever methods the players use are deemed to be despicable. And so many people are calling steelcity delusional.
The players certainly retain the right to change the NFLs structure via trust suits. The problem is that they can't be used
for leverage. The trust suits are supposed to be legitimate, and they aren't, at least at this point in time.There was a legitimate, negotiated, and legal option in the last CBA to end it early. It is neither fair nor productive to hold this against the owners this way. For all intents and purposes, the old CBA ENDED, it wasn't terminated before its design end...it was terminated at one of its NEGOTIATED ending points.
If the players hadn't decertified, the owners may not have locked them out. IN that scenario, the players could have gone on strike.
WHY ON GOD'S GREEN EARTH DO THE PRO-PLAYER GUYS IN HERE INSIST THAT THE OWNERS AREN'T ALSO HURTING? The average player will lose 3 or 4 million dollars in a lost season. Jerry Jones will lose
over 100 MILLION!!!!! If the players don't like the deal, they don't have to sign it. The owners lose MUCH more, as individuals, then the players do. A lost season will cost Jones (and most owners) far more than whatever he could hope to make up in lowered player salaries in a CBA.
The leverage of the players has been dramatically understated from day one. They don't need the courts help in the form of an injunction against a lockout which
appears to be legal. (I realize the legality is not yet firmly established).
If the players couldn't figure out how to survive a little while without paychecks, when they had 2 years forewarning...that's on them, not the courts, the owners, or the system. Rookies are screwed, but they were just playing virtually for free in college, so its not a huge change for them.