Antitrust lawsuit alleges that NFL has waived "sham" defense to decertification
http://profootballta...ecertification/
Paragraph 45 of the civil complaint explains that, when settling the Reggie White antitrust lawsuit in 1993, the league "insisted on the right to terminate the [agreement] if the players did not reform a union within thirty days." To get that provision, the NFL agrees that, "if a majority of players decided to end their collective bargaining representation upon or after the [agreement's] expiration," the NFL would waive the right to argue, among other things, that the decertification was "a sham or otherwise ineffective."
In other words, if the players' allegations are accurate, the NFL can't use the "sham" silver bullet to block decertification. And that makes the players' lawsuit a lot stronger, increasing the likelihood that a lockout will be blocked and we'll have football in 2011.
Here's the language from the CBA:----
ARTICLE LVII
MUTUAL RESERVATION OF RIGHTS:
LABOR EXEMPTION
Section 3. CBA Expiration:
(b) The Parties agree that, after the expiration of the express term of this Agreement, in the event that at that time or any time thereafter a majority of players indicate that they wish to end the collective bargaining status of the NFLPA on or after expiration of this Agreement, the NFL and it's Clubs and their respective heirs, executors, administrators, representatives, agents, successors and assigns waive any rights they may have to assert any anti-trust labor exemption defense based upon any claim that the termination by the NFLPA of it's status as a collective bargaining representative is or would be a sham, pretext, ineffective, requires additional steps or has in fact not occurred.
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I don't speak legalese but how does the NFL even take this "sham decertification" argument to the NLRB or court?