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Franchise Tag?

Discussion in 'PatsFans.com - Patriots Fan Forum' started by aabtec, Feb 25, 2011.

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  1. aabtec

    aabtec Rookie

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    Ok, granted I am not an attorney and yes I do not play one on TV, lol.

    The owners have opted out of the CBA. Last year was the last year of the CBA. If the players are locked out as expected on 3/4/2011 since there is not a contract in place, how can a player be Franchised?

    If the contract has ended how do the owners think that they can still do this?

    I wonder which player will challenge it in court?

    If the owners then do not sign the free agents does the NFLPA file a collusion suit like in baseball.

    I think are going to get interesting.

    aabtec

    btw..when is it going to get warm again..this has been a long winter...
  2. Elijah

    Elijah PatsFans.com Supporter PatsFans.com Supporter

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    Everything was going great for 2 weeks until this morning when slush started falling from the sky.
  3. MoLewisrocks

    MoLewisrocks PatsFans.com Supporter PatsFans.com Supporter

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    This CBA doesn't expire until March 3rd. The deadline for applying the tag has historically been two weeks before the expiration of the current CBA. If there is a lockout no one is going anywhere. When a new CBA is finally negotiated it will again include franchise tags because the union isn't fighting to eliminate them because they impact so few players annually and the owners aren't willing to give them up because they represent leverage against UFA for them. If there is an extension of the CBA before March 3rd the terms of the extended CBA would likely indicate a need to have tagged these players before the deadline expired, which I believe was this week.

    If the union challenges the application of these tags (and it can only do so if a player requests them to) it will be just one more lawsuit wasting their members dues by siphoning them off to the lawyers. The union is on record as well stating they are not challenging the tag per se, just pissed off that the league advised the teams that they could use them in this instance without discussing that matter with them first...

    And if there is a lockout it's not a matter of collusion that no FA gets signed... They can't sign players absent a CBA unless the union decertifies before the deadline and the owners opt to declare an impasse and impose work rules to govern in the interim. And there are pitfalls in both of those options for both sides should either side decide to persue that route.
    Last edited: Feb 25, 2011
  4. upstater1

    upstater1 Rookie

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    The new CBA will be made retroactive.

    In many negotiations over CBAs, the current CBA remains in place even in the absence of a new one. You find this all over the country in local CBAs. It depends on state law. In NY state, where the NFL is located, that's the law. until a new contract is negotiated, the old one stays in place. The leverage that is given to the employer, say the State, is that the state can fire people if they feel the union is unwilling to play ball because the old contract's parameters are still in place despite the fact that the contract has expired.
  5. TealSox

    TealSox Guest

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    I read an article on Profootballtalk.com applauding David Harris and others for signing their Franchise Tags because it would guarantee that they get paid in 2011. Makes sense, except if no one plays in 2011, than no one gets paid. So what is the average of the top five salaries at that position when the salaries are zero?
  6. mgteich

    mgteich PatsFans.com Veteran PatsFans.com Supporter

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    The franchise tags rendered this past week are a condition of the current CBA,. The CBA is still in force. The 2011 draft is also a condition of the current CBA, even though it occurs after the end of theis CBA. Perhaps everyone should argue should not happen because there is no CBa. Even more so with franchise tags which were executed before the current CBA even ends.

    Persaonally, I expect franchise tags to be part of the new CBA, and for the current ones to be honored and defined under the old CBA. In this same light, I do NOT expect a rookie cap until 2012, unless there is an agreement before this year's draft.
  7. convertedpatsfan

    convertedpatsfan PatsFans.com Supporter PatsFans.com Supporter

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    That's an interesting question. Though it really doesn't impact many people.

    Most of the franchise tags have been the non-exclusive tag, which means it's based on the top 5 salaries of 2010. Only Peyton Manning and Vick have been given the exclusive tag as far as I know.

    Though there is a condition for the exclusive tag that they're paid the top 5 as of April of the current year, or 120% of their previous salary, whatever is more. Not sure how that impacts Vick, but Peyton's tag will be over $23M.
    Last edited: Feb 26, 2011
  8. AndyJohnson

    AndyJohnson PatsFans.com Veteran PatsFans.com Supporter

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    I dont expect any draft picks to be signed before the new CBA is in place, so I expect the rookie cap will start with this class.
    Your comments are the first I've heard to the contrary.
  9. Miguel

    Miguel Patriots Salary Cap Guru PatsFans.com Supporter

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  10. MoLewisrocks

    MoLewisrocks PatsFans.com Supporter PatsFans.com Supporter

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    These rookies came out knowing full well last year was the last year for the big rookie deals. This year if there is a lockout no one will even speak to them once they are drafted, let alone sign them to a contract. They won't be signed until the new CBA is in effect and I fully expect that to have a rookie cap because they have already exchanged proposals (simply not yet agreed to the length - owners want 4-5 years and the NFLPA proposed 2-3 years - or on the specific cap). And on a related note while the owners want the savings ($200M per year) passed on to the majority of members (veterans) and the pre 1993 retirees in a 50/50 split, the union wants half of that money siphoned back to the top performing rookies annually and the other half split between their actual constituency and the retirees... Something I'm sure Tom Condon and the handful of agents who represent the majority of first round picks whispered in their ear...
  11. MoLewisrocks

    MoLewisrocks PatsFans.com Supporter PatsFans.com Supporter

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    That was what they were pondering a year ago...

    The league is interpreting it one way and the union claims they interpret it another, although quite a few players are signing their tags anyway...

    These tags will either be grandfathered into a new CBA or the new CBA will allow for a brief period during which players can again be tagged before FA commences. There also may not be any FA period if a lockout extends into the summer. In that case the owners have already made it clear they will propose suspending FA until 2012 with the effected players again restricted and remaining with their team at some level of enhanced compensation for the 2011 season. If that happens you can bet the union will change it's tune as to the viability of tags placed before the lockout...LOL

    Hey, are you tired of updating your cap page or just staging a capology lockout???
  12. Joker

    Joker PatsFans.com Supporter PatsFans.com Supporter

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    ...head hurting....feeling like it may explode...please...for the love of God...PLEASE...MAKE IT STOP!!!!..
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