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What if NFLPA wins antitrust suit?

Discussion in 'PatsFans.com - Patriots Fan Forum' started by part-timer, May 15, 2011.

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  1. part-timer

    part-timer On the Game Day Roster

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    What will it mean to the whole of organized major and minor league sports, not to mention college regulations if the NFLPA's stratigy of decertification and fileing antitrust suits against organized sports? You must figure this will be a landmark decision by the courts that will set a precedent for the future of all organized professional sports. Why wounld any players union negociate when they can call all bets off by decertifying and fileing anti trust cases to break up and disunify the owners ability to negociate. After all the lead Atty. for the NFLPA will be representing the NBA players next. No draft,no free agency regulations,no salary cap or floor, no agent regulations pro or college related, where will the changes take all pro sports. It may very well be that Kessler has duped the NFLPA into makeing themselves the test case at their expence for his future cases reshapeing all of pro team sports. I also think the pro agents who's percent is currently capped may have duped the players into pushing this case for their own gain. Agents fees become uncapped, agent free to aproach any college or high school athletes for that matter. Agent may even have the ability to shape and influence teams buy their negociations of multiple players. Grouping player contracts into blocks and same end years. Teams futures may be a stake by the shifting of succesfull players to successful teams. This could be the start of the new wild west of sports with no player-owner regulations. I realy don't see it as a healthy senario for the future of any organized sports on any level.
     
  2. patriot lifer

    patriot lifer 2nd Team Getting Their First Start

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    #87 Jersey

    Last edited: May 15, 2011
  3. patriot lifer

    patriot lifer 2nd Team Getting Their First Start

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    #87 Jersey

    Bear in mind that there was the same doom-and-gloom preceding free agency (which worked out well). And bear in mind that players will still want a CBA even if they win.

    :spygate:
     
  4. townes

    townes Third String But Playing on Special Teams

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    They already won it years ago and that is why a collective bargaining agreement is needed for the league to operate in the fashion it does, and it's also why the courts continue to supervise the league/player relationship. The players decertified at that time also and at the insistence of the owners created a new union, so the decertification is nothing new and the real question is how the players and owners respond when the decision is in, if either side goes for blood they endanger the game and hopefully owners who have some brains and players who care about the game prevail over the more extreme elements of their side.
     
  5. part-timer

    part-timer On the Game Day Roster

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    It appears that pieces are moveing closer to show the ultimate goal of destroying what is left of organized team sports. The NBA,NHL,and MLB unions have all thrown there concerns into the NFL lawsuits when the NFLPA file a last minute brief with the 8th circut court minutes before the deadline on friday night. They all had input into the fileing of the brief showing support and concern if the NFLPA's tactics in trying to bring the league down are unsuccesfull. This will be the landmark decision that will be referenced when the NBA,NHL,and MLB all follow the same NFLPA tactics in their next contract negociations. Hopefully the appelet court relizes the gravity of all upcomeing decisions because they will shape the way organized team sports will be run in the future. Atty. Kessler has wanted and pushed for this change, and the NFL is his test case, realizeing that he will be representing the NBA in their next contract negociations.If successfull the NHL and MLB will be next. The battle lines have been drawn here in the NFL for all ML sports.
    Players call NFL a 'cartel' in court filing - NFL - Yahoo! Sports
    It also seems that this is not a battle for a mere few billion dollars, more like tens or hundreds of billions of dollar in the future of all organized team sports dumping into the hands of players and agent as apposed to maintianing the quality of the game experience and team operations,cutting into our experience and appreciation of the games.
     
  6. AndyJohnson

    AndyJohnson PatsFans.com Veteran PatsFans.com Supporter

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    The players are suing for a result they know they don't want. Getting at will employment would appear to be a win, but would ultimately ruin the sport. The collectively bargained rules (draft, cap, etc) are there because they are better for the sport, and ultimately both the players and owners. The rules are there to allow a competitive balance. Without teams being competitive with each other the league would lose a tremendous amount of its popularity, and each side would lose a ton of money.
    The players are not too stupid to know this. "Winning" the lawsuit is simply and effort to have a negotiating advantage when they recertify.
     
  7. AndyJohnson

    AndyJohnson PatsFans.com Veteran PatsFans.com Supporter

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    You keep saying the owners insisted they recertify, and that is not an accurate statement. The only way to settle the case in a manner that allowed pro football to continue to exist was a CBA. You cant have a CBA is there is no C.
     
  8. The Scrizz

    The Scrizz 2nd Team Getting Their First Start

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    #11 Jersey

    Dissolve the NFL, every team. And then start a new league where each team is a franchise of the parent organization like McDonald's (NNFL - New National Football League). The NNFL sets the working conditions for their employees just like every other corporation in America. You don't like their rules you are free to go flip burgers.

    The players want to pretend they are partners in this somehow. They aren't. They haven't invested a dime in this league. If it wasn't for guys like Robert Kraft spending millions of his own money on stadiums 95% of the players would be bagging groceries, selling insurance, or in jail. F them.

    The owners would be running a different business if there wasn't an NFL. The players would be on food-stamps. They should be grateful that a league like the NFL exists for them to make millions of dollars.
     
  9. AndyJohnson

    AndyJohnson PatsFans.com Veteran PatsFans.com Supporter

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    The owners need the players too.
     
  10. ausbacker

    ausbacker Brady > Manning. PatsFans.com Supporter

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    #87 Jersey

    [​IMG]

    Easiest solution of all time.
     
  11. The Scrizz

    The Scrizz 2nd Team Getting Their First Start

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    #11 Jersey

    Except that the owners own other things. From a strictly business standpoint, the players need the owners more. Most of the owners would be making millions without the NFL, most of the players would be scratching out a living like us poor fools who pay so much to watch them.

    If the league simply disbanded and incorporated differently they could get around the anti-trust crap. The players could then either play football or not. I bet they would choose to play football.
     
  12. AndyJohnson

    AndyJohnson PatsFans.com Veteran PatsFans.com Supporter

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    You could make that argument about any businesses, the owners could just run a different business, but in practice it isnt that simple. They would lose a ton of investment if the league disbanded. Many are leveraged as well.
     
  13. DaBruinz

    DaBruinz Pats, B's, Sox PatsFans.com Supporter

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    #50 Jersey

    I've said it before and I will say it again. No Judge or set of Judges is going to set the Sports world on its ear by eliminating the drafts, free agency, etc. Wht? For the specific reason that it would affect ALL the other sports leagues.

    A few things:

    Agents will NOT be able to approach any college student or even high school student unless that student wants to lose their college eligibility. The NCAA has a plethora of rules that have nothing to do with the NFL.

    Also, the NFL, like any other employer CAN set experience requirements for its jobs.

    There is nothing. Absolutely nothing, that says that teams have to pay oodles of money to players in an "open market" scenario. In fact, I think that you'll find that players will be screaming for better pay pretty damn quickly..

    In an "open market" scenario, teams would not be required to pay for any benefits.

    I just saw something that said that 74% of ALL Pro Football players are at or near bankruptcy within 2 years of retirement. What's going to happen when they have no pension from the NFL because of the open market? What's going to happen when they are responsible for paying their own social security, medicare/medicaid and income tax because they'll be considered independent contractors?
     
  14. DaBruinz

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    #50 Jersey

    Yes, but they do not need the players in the current "Association". There are numerous things that the players have over-looked since the last time they went to court. One of them is that there are 3 other fairly successful leagues around now. There weren't previously.

    In 1989, there was the CFL and it was having major team issues. It's much more stable now. So is the AFL. And the UFL is coming back for a 2nd season.
     
  15. smg93

    smg93 2nd Team Getting Their First Start

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    If that happens, I can see a scenario where professional sports kind of goes the way of Boxing. A few decades ago, when you were the heavyweight champ like Joe Louis for instance, everyone pretty much knew he was the champ. Now you have the WBC, WBA, WBO, etc. which has diluted the image of a boxing champion

    The only games or leagues that people will pay attention to are the ones with the marquee players. Players like Brady, Manning, etc, the superstars will become immensely more wealthy then they are now but a much much greater percentage of players will be paid to play football at much closer to what the average joe makes in a regular job.

    In Boxing it was/is the same way. You had people like Sugar Ray Leonard, Muhammad Ali, and now Manny Pacquiao or Floyed Mayweather (when he fights anyway) making all the money while the vast majority of fighters get paid peanuts.

    Before all of the non-superstar players support this lawsuit of Brady et al, I hope they truly understand what could happen if the lawsuit prevails. In that world, a special teamer will not automatically get paid the $150 thousand or whatever the minimum is now that they all expect. Heck I could see it where the QB gets $30 million a year and that LB on special teams makes $30 grand.

    Without these rules, the majority of the players will lose because t's all about economics at the end of the day. The general public only has a finite amount of money to pay for this show. Since that's the case, the owners will pay a Brady or Manning an obscene amount to draw in the crowds, crowds that again don't have an unlimited amount of money to spend on watching football. Since most of the money went into the marquee players, all the rest will just get what's leftover.

    PS: I can almost guarantee that there wont be 32 marquee players as well. You might see a league where there are only half the number of teams because all the "great" players will be signed by big market teams and it is only those teams that people will pay to watch.
     
    Last edited: May 22, 2011
  16. patsfan-1982

    patsfan-1982 In the Starting Line-Up

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    if the players win the owners will find a higher judge to pay off and over turn it. the players are fighting a losing battle
     
  17. Fencer

    Fencer Veteran Starter w/Big Long Term Deal

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    The players don't think the owners are mismanaging things badly; they just want better pay and working conditions than the owners want to provide.

    This will end up with the players, yet again, unionizing to give the league antitrust cover. All that's up in the air are the terms and conditions.

    What would be interesting would be if, in a millionaire socialists' dream, the players just founded their own league. There would be a financially awkward transition period, as well as a permanent loss of "root for the laundry" team loyalty. But it's not a totally crazy option.
     
  18. TheBostonStraggler

    TheBostonStraggler In the Starting Line-Up

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    "The players founded their own league"? Well, I guess terming it "not a totally crazy option" is accurate since not totally crazy means it is at least partially crazy. Crazy = players being interested in risking their own wealth to start a league that would have smaller TV revenue, smaller stadium revenue, the threat of competition from the NFL owners continuing with replacement players.....and of course the new player owned league would have smaller wages. Doing that versus continuing with the current gravy train NFL is crazy.
    At this point I have a different take on the whole legal happenings. I wish, albeit an unrealistic wish, the legal establishment would say to owners and players "not interested in your squabble" (except for barring the owners from getting their dirty trick TV contract lockout nest egg). Make each respective groups stand on the principle of their financial argument or make a significant concession. Barring the legal system giving one side or the other the high ground (which I hope does not happen), the legal wrangling is just delaying the inevitability of one side or the other caving in (or, perish the thought, both sides meet somewhere towards the middle).
     
  19. AndyJohnson

    AndyJohnson PatsFans.com Veteran PatsFans.com Supporter

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    You don't think the NFL would lose tons of money and popularity by replacing its household name players with Arena Football League guys?
    That would be better, at least in the long run, than an at will system which would take away the competitiveness of the game and destroy it, but the immediate impact would also be devastating.
     
  20. Rob0729

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    Free agency worked well because Judge Doty told both sides before he ruled that he was going to rule in a way that both sides were not going to be happy and both sides agreed on a new CBA before there was ever a ruling. A new CBA deal is likely to happen before the Brady, et la case is ever ruled on, but this hypothetical is what if there isn't.

    As there being a new CBA if there is ruling in the case in favor of a free market system, I wouldn't bet on it. Since the antitrust exemption for collectively negotiating television rights is not being contested, I can see teams like the Bengals, Bills, Jags, etc. content with turning into the Pittsburgh Pirates of the NFL with benefitting from the lucrative television revenue sharing while keeping their payrolls around $25-30 million a year. I can see owners like Daniel Snyder and Jerry Jones, now that they do not have to share in their individual team marketing deals like they do under the past CBA, happy to try to buy championships year after year. I am sure most owners would rather pay guys who are inactive every game $25k a year rather than $300k a year.

    Both sides lose in a free market system as a whole, but individuals will win big on both sides. I think only 7 teams have to vote against any CBA to squash it. In a free market NFL, the league might not have the votes to pass any CBA. There will be a lot of elite NFL players who would vote against a CBA if a free market system pass, but I don't know if there enough to squash it.

    You are comparing apples to oranges. The OP is talking about a court ordered free market system. The NFL has never had a court ordered free agency system because in 1993 cooler heads prevailed and both sides realized that a court ordered system would destroy the NFL.
     
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