The NFL lockout ruling has gone in favor of the players and the lockout has been lifted. That doesn't mean all is normal in the league again as the NFL will appeal and seek a stay from the 8th Circuit Court of Appeals. In other words, they'll argue the lockout needs to stay in place.
League Issues Statement On NFL Lockout Ruling
The NFL confirmed as much in its statement following Judge Susan Nelson’s ruling.
“We will promptly seek a stay from Judge Nelson pending an expedited appeal to the Eighth Circuit Court of Appeals. We believe that federal law bars injunctions in labor disputes. We are confident that the Eighth Circuit will agree. But we also believe that this dispute will inevitably end with a collective bargaining agreement, which would be in the best interests of players, clubs and fans. We can reach a fair agreement only if we continue negotiations toward that goal.”
Judge Nelson didn’t agree with the league’s “sham” argument when it came to the NFLPA’s decertification. The NFL had filed a complaint with the National Labor Relations Board arguing that the NFLPA’s decertification was a “sham” and that they weren’t negotiating in good faith. They argued that Nelson didn’t have jurisdiction while the NLRB considers the complaint.
That’s one of the core points of their argument yet Judge Nelson predicted the NLRB would “dismiss” that charge. From her ruling, she writes, “This Court finds that the disclaimer is not a mere tactic because it results in serious consequences for the Players.” In other words, decertification is not a sham. And on the public comments by some players that suggested they were still operating as a union without being called a union, she wrote, “the offhand, anecdotal comments of individual players are inconclusive.”
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