Tuesday, May 17, 2011

The CBA, Lockout, and the Players Lawsuit

     While I have tried to avoid this subject, I suddenly feel the need to address some of the silliness, and the horrible public relations tactics being used, especially on the side of the players.  This is strictly my opinion and it will soon be obvious which side I favor in this dispute.

     The Lockout:  The players repeatedly cry that the owners have locked them out, that they aren't on strike, and all they really want is to play football for their fans.  Well, as I recall football doesn't start till training camp in August, and for some players, they don't even show up then.  The lockout is a direct result of the NFLPA de-certifying and the players filing a Federal Lawsuit against the owners.  A lockout would not have occurred if negotiating had continued, and the NFLPA had stayed intact.  So, I always pose the question..If you had your representative negotiating with your boss, and then on Friday afternoon you decided to fire your representative, and file a Federal Lawsuit against your boss and the company, would you expect to be let in the building Monday morning?  Would you expect to have your Health Insurance continued?  Would you expect to be invited to the office party?  Only George Costanza  could confuse this issue this badly.

     The Players Lawsuit:  Many people I have found don't know what the players are actually seeking in their lawsuit.  Because the players representative DeMaurice Smith continues to cloud the issue.  The actual Brady v. NFL lawsuit is not to lift the lockout and let "the players play".  Mr Smith, who is a very bright man, and a former Federal prosecutor, will continue to cloud the waters with rhetoric because that's his job.  But what the anti-trust lawsuit against the NFL threatens is how the game is run into the future. If all this were to play out in court, and the players were to win every round, the game of football would change forever as did the game of baseball.  The Draft could be declared illegal for restraint of trade.  The salary cap could disappear for good.  This would turn football into a league of haves and have nots.

     While I love football as much as anyone, and I would hate to miss a day of my favorite sport, the latest ruling by the court in St. Louis keeping the lockout in place may have been the best thing that happens in the history of football.  The Owners needed to win one round "in court" to stop the freight train of the player's legal machine.  This should force the players back to the bargaining table, the NFLPA to be declared certified, and therefore DeMaurice Smith and his team can do what they should be doing, finding a compromise that works for both sides.  Right now plan "A" of the players is going up in flames, and they will need to regroup quickly.

      I understand each side has its moves and counter moves to strengthen their bargaining position, but they should remain talking while these play out.  The players and owners both run a risk of one side getting a huge lead in the courts or in public opinion and losing bargaining power without ever making or reviewing an offer.  I have stated since day one, after talking to some ex-players, that DeMaurice Smith was the wrong choice for the players for a few reasons.  One is that he really has nothing at stake. He can build his reputation as the guy who took down the mighty NFL..a pretty nice line on your resume as an attorney..or he can tout himself as the guy who saved football for the fans and his players.  Their is no downside.  Also I believe that the owners have had to learn to trust a new person in the room in DeMaurice.  To learn his tactics, to understand the nuances with which he speaks.  I have always thought that a former player like Harry Carson would have been a better choice.  The Hall of Famer would have instant respect and credibility in the room of owners, especially John Mara who would have vouched for his character from day one.  Harry was always a leader of players on and off the field.  He also has been active in all this labor unrest since the 70's.  He respects the game, knows what it's like to be an active and retired player, and would have kept the rhetoric at a level of honor and respect.  I believe this was a huge missed opportunity by the active players, not embracing one of their own, honoring their past.  They now have the retired players working on their own, joining the discussions, suing on their own behalf thus dividing their strength.

This will all get settled eventually...The NFL is going anywhere...hopefully a compromise can be reached before August 1st so we don't have to miss a minute of the fantastic action on the field, which is all we care about as fans.  Neither side is really thinking of us, but a healthy ownership, with good organizations and a level playing field will make for a better product in the future.