Discussion in 'PatsFans.com - Patriots Fan Forum' started by BPF, Apr 11, 2011.
Federal mediation to resume Thursday in Minnesota | National Football Post
This is good news. Mediation could lead to binding arbitration. That will mean this lockout will be ended by a settlement not more litigation :singing:
Previous 35 min interview from 2009 w/Judge Arthur Boylan:
IP on the Bench - A Chat with U.S. Magistrate Judge Arthur Boylan | BP/G Radio Intellectual Property Podcast
The destination is the key, the judge agrees with the players and that's apparent from her designation of the courts as the mediation site, which is what the players had asked for and owners opposed. The judge also apparently agrees that the players decertification is valid and the Labor Mediation Board option is no longer appropriate, which goes against the owners claim that the decertification is a "sham" and that the Labor Mediation Board option is the right one.
This puts appropriate pressure on the owners to deal fairly as I would expect the mediating judge to report back to Judge Nelson on the efforts of both sides, and if I'm reading this correctly then I think she is going to rule in favor of the players on anti-trust violations if there is no deal reached. We'll see how it plays out but hopefully this gets a deal done without the Judge having to rule on anti-trust and awarding damages. This doesn't ensure that a deal will be reached or that the owners will deal fairly but it does put pressure on them in that regard. Ultimately they may prefer to allow her to rule and appeal the decision to a federal appellate court that is owner friendly, and by doing so push back the calender so players start losing checks because at that point the players are likely to fold.
Actually it keeps the courts in charge of the case instead of referring it back to the Labor Mediation Board, which is what the players wanted, and litigation is still fully in play instead of ruled out. I do agree however that it is good news.
so basically say good bye to ever being able to afford to go to an NFL game again. Actually going will be left to the uber wealthy and corporations if the players get their wishes.
Actually the owners took care of that years ago.
All she is requiring is that the two sides participate in good faith. It's time to be optimistic for us the fans and time to be open-minded for both sides. The two sides are not in reality that far apart. Sometimes in negotiations, just like in life, you wish you can hit the good ol' rewind button and now both the league and NFLPA* have a chance to do just that.
I'm still trying to figure out who the owners are supposed to negotiate with since there is no union. Or is everyone just supposed to wink at the "decertification" and acknowledge that there is indeed (effectively) still a union who can negotiate.
I mean, if you can collectively negotiate then you are effectively a union - aren't you? If it walks like a duck and talks like a duck...
Does that mean she intends to throw the case out, leading to a recertification anyway?
This sounds more like the a step indicating she will not end the lockout and allow the anti-trust suit to move forward, but rather that her ruling will lead to a recertified NFLA*. Does it not?
this maybe a good thing cause the player now see that the courts are not on there side and will now find a way to work out a deal with the owners
i think if the courts have to make the final decision it will be something that the players or owners dont want one more uncaped season like last year
As I said on another thread, up til now it's just been posturing, PR, and general spin by both sides and most of us have played right along with it.
Eventually they'll have to put that aside and actually talk. It's just a question of how much its going to affect the season at this point.
If either side plays hardball this will go well into the season as the owners can opt to play the card of "starving out" the players should it go that far - a tactic that's been mentioned since the start of this drama.
I think the courts need to take a very active role in holding both sides feet to the fire in mediation - there's tons of other jobs aside from the players and organizations involved here as well.
If not for the fact that the Congress and White House can't seem to work an agreement, I'd advise increased legislative and executive branch scrutiny of the NFL as another potential stick to induce an agreement.
"Just get it done" should be the mantra of all fans at this stage. Screw blaming one side or another. Stop encouraging them.
Let's play some football.
This is mediation, not arbitration. The court has been clear, nothing that happens will be held against either side in court going forward. It's not even clear what they will be trying to settle...the lawsuit or their differences (CBA). The new mediator is a judge magistrate so they are submitting briefs on the disagreement to him over the next 48 hours. That means it's just the lawyers talking, and that won't settle anything. And the court can't make them, it can only order them to "try" with the caveat of no consequences if they fail.
Andrew Brandt likened this to a blind date set up for two parties with no serious interest in dating each other...
Had she sent them back to Cohen and ordered the players and owners to participate they might have kindled something...
That was what the NFL proposed, so obviously the party who couldn't agree, necessitating a new mediator starting from scratch on an issue he has no basis or familairity with and dealing with the lawyers, was the NFLPA*.
The owners & players have been ordered to speak with a mediator that the two sides did not agree to, without binding authority, while awaiting a lawsuit that will shift power? I'm not optimistic that this is a formula leading to a resolution.
Every indication so far is that Judge Nelson favors the players position. Given the opportunity to win in the courts, the players are unlikely to compromise any more than they did with Cohen. Given their hope that time is their greatest ally, I can't see the owners being any more willing to compromise.
Both sides seem perfectly willing to await a decision from Judge Nelson is only to determine who appeals to the next higher authority.
This is a game of chicken, and both cars are still miles apart.
You're right, the players should no longer look to deal with the league as a whole and should simply allow the anti-trust suit to go forth until they get unfettered free agency with no working agreement with the league. Why would they agree to bargain when they have forfeited their rights as a union?
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