Article LVII, Section 3(b) of the CBA, which states as follows: “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 its Clubs and their respective heirs, executors, administrators, representatives, agents, successors and assigns waive any rights they may have to assert any antitrust labor exemption defense based upon any claim that the termination by the NFLPA of its status as a collective bargaining representative is Article LVII, Mutual Reservation of Rights: Labor Exemption or would be a sham, pretext, ineffective, requires additional steps, or has not in fact occurred.”
I believe there is also language in the CBA that Florio and others were citing which precludes the union from decertifying for 6 months after the expiration of the CBA. This was the basis for the will they, they must arguments last week. After the CBA expires Doty is history. The union apparently chose to attempt to file their decertification and law suits before they lost Doty. In the process they may have lost both their defense against the sham argument and the basis for their anti trust cases until September 12.
