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.