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NFL Files with NLRB


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#1 mav1234

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Posted 14 February 2011 - 03:36 PM

...The NFL is filing with the NLRB, against the NFLPA. Crazy, since some people on this board thought the NFLPA would. Wonder if we haven't been getting the whole story? ;)

NFL spokesman Greg Aiello has confirmed that the league has filed with National Labor Relations Board a charge of unfair labor practices. The league claims that the NFLPA has failed to bargain in good faith as a result of a strategy to decertify and file antitrust litigation against the league.


http://profootballta...n-to-decertify/

#2 Jangler

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Posted 14 February 2011 - 03:43 PM



#3 mav1234

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Posted 14 February 2011 - 03:44 PM

Well, perhaps the NLRB will find that the tyrant Jerry Richardson is unfairly treating his workers and the NFL in general. :P

#4 countryboi

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Posted 14 February 2011 - 03:47 PM

man we are so fuged.....everybody dig in its going tobe a long summer

#5 thunderraiden

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Posted 14 February 2011 - 03:53 PM

yea sure mav. he defiantly hasnt built an empire from the ground up and brought together tens of thousands of people to get a team in Charlotte and run the team as well. I mean, the players have done so much, not having to ever go to class from the age of 16 to 21 and make millions of dollars on good faith.

#6 riddel

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Posted 14 February 2011 - 03:59 PM

Well, perhaps the NLRB will find that the tyrant Jerry Richardson is unfairly treating his workers and the NFL in general. :P


The owners are going to see the same type of suit filed against them by the players, but the players actually have boulwarism and surface bargaining complaints. It was only a matter of time before the NLRB got involved.

This is going to get very interesting.....

#7 mav1234

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Posted 14 February 2011 - 04:11 PM

The owners are going to see the same type of suit filed against them by the players, but the players actually have boulwarism and surface bargaining complaints. It was only a matter of time before the NLRB got involved.

This is going to get very interesting.....


They do not have those complaints yet and your belief they do is based off of the one side of the argument you are hearing. The NFL has made it clear they won't give their side in public because they don't want to negotiate through the media. The NFLPA knows they need to gain ground fast. Fans are a way to do that. Hence the public approach.

Does anyone know why the NFLPA might not want to call it's proposal a proposal at the last meeting, and instead, an illustration? That is what caused the breakdown, at least according to one source.

Edited by mav1234, 14 February 2011 - 04:14 PM.


#8 mountainpantherfan

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Posted 14 February 2011 - 04:13 PM

The owners are going to see the same type of suit filed against them by the players, but the players actually have boulwarism and surface bargaining complaints. It was only a matter of time before the NLRB got involved.

This is going to get very interesting.....


You are correct that it would be easy for the NFL to get slapped with boulwarism...but the players have actually been more blanent about it and really the actions of having each team vote to decertify was the equivilent of holding up a big sign that reads "We are going to use this to force the leagues hands in court and we have no plans of true and honest negociating." How do you not see that as an act of boulwarism?

#9 riddel

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Posted 14 February 2011 - 04:22 PM

You are correct that it would be easy for the NFL to get slapped with boulwarism...but the players have actually been more blanent about it and really the actions of having each team vote to decertify was the equivilent of holding up a big sign that reads "We are going to use this to force the leagues hands in court and we have no plans of true and honest negociating." How do you not see that as an act of boulwarism?


For one, boulwarism is a bargaining technique that the company uses and employees can not force a CBA through. The employees only option if a CBA is forced through is to strike.

As I've been saying for weeks, the owners are not making concessions and that constitutes surface bargaining, because the owners are merely going through the motions with out "reasonable" intent to setting employment terms. The owners are the ones threatening lockout and using it to pressure the players into an unacceptable CBA.

Mark my words. The NFL will face surface bargaining and boulwarism charges, once the players union reps get their heads out of their arses....the case is very clear. Richardson's speech to the owners in March 2010 will be used against the owners. You can't tell the union that you are not going to bend and that you are going to lock them out if they do not agree to your terms.

#10 mav1234

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Posted 14 February 2011 - 04:24 PM

Didn't the NFLPA also say back in December that the internal deadline for a new CBA had passed and to prepare for a lockout?

#11 riddel

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Posted 14 February 2011 - 04:27 PM

Does anyone know why the NFLPA might not want to call it's proposal a proposal at the last meeting, and instead, an illustration? That is what caused the breakdown, at least according to one source.


The CBA proposal is the owners' responsibility to present. The players union will simply redline the proposal and negotiate the terms. The union will not be presenting a CBA to the owners, its the other way around.

From what I'm seeing the players have poor representation and the owners are trying to take advantage of that. If the players union had proper representation, then they would have filed the NLRB suit against the owners once they walked out of the negotiations.

#12 mav1234

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Posted 14 February 2011 - 04:27 PM

We also do not know for certain that the NFL has refused any compromise. They are not issuing their stances publicly, so the only way we will know if that is the case is if the "last, best offer" is identical to the first offer... because the NFLPA is certainly not going to come out and say, "Oh yeah, the owners had concessions but we didn't like 'em"...

#13 riddel

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Posted 14 February 2011 - 04:28 PM

Didn't the NFLPA also say back in December that the internal deadline for a new CBA had passed and to prepare for a lockout?


The NFLPA has no control over a lockout. The NFL owners are the only ones that control that. The NFLPA can strike if they do not agree to the final terms of the new CBA, but there is no new CBA, so that's not an option yet either.

#14 mav1234

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Posted 14 February 2011 - 04:34 PM

While the NFLPA may have poor representation, the fact they haven't turned towards litigation yet either means that Smith doesn't think he can win right now OR the players don't want it. Don't think for a second this guy is afraid to take that option. Just because you think he's taking the wrong approach does not mean he is poorly representing his clients.

#15 riddel

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Posted 14 February 2011 - 04:39 PM

We also do not know for certain that the NFL has refused any compromise. They are not issuing their stances publicly, so the only way we will know if that is the case is if the "last, best offer" is identical to the first offer... because the NFLPA is certainly not going to come out and say, "Oh yeah, the owners had concessions but we didn't like 'em"...


Not at all true. Each point in the CBA is a separate issue, meaning if the NFLPA and the owners agree on the rookie wage scale and the retirement benefits, but the owners try to force the 18 game season and the profit share down the players thoats making no concessions and telling them to take it or leave it, then the NFLPA can still file charges against the NFL for a lack of good faith bargaining. The NLRB considers the following when deciding if an unfair labor charge for surface bargaining has taken place (funny...I already posted this prior to the NLRB suit filed by the NFL today)

Prior bargaining history of the parties, parties' willingness to make concessions, character of exchanged proposals and demands, ANY dilatory tactics used during negotiations, conditions imposed by either party as necessary to reaching an agreement, unilateral changes made during the bargaining process in conditions subject to bargaining, communications by employer to individual employees, ANY unfair practices commiteed druing bargaining.

The owners have violated several of those considerations. The NLRB may be looking into the players union because of the owners suit, but this board is unbiased and implemented by the US Congress. They will not buy into the owners BS and they will uncover any boulwarism and surface bargaining tactics.

This is really going to get interesting...not like the NFL draft interesting, but interesting all the same.


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