Thursday, February 17, 2011

NFL accuses union of failing to bargain in good faith

In a move that seems more designed to curry favor with fans and the media, the National Football League (NFL) has filed refusal to bargain charges against the National Football League Players Association (NFLPA). The charges are largely directed at the players threat and authorization to decertify (disband) the union, which likely would bring into play antitrust claims against the owners if they choose to lock out the players. There is an antitrust exemption for collective bargaining, but if the union goes away, so does the reason supporting the exemption. The players have decertified the union before, and that resulted in free agency and the salary cap which were created to settle earlier antitrust litigation. This is another volley in the public relations battle for fan support. While one observer claims the owners will win the PR battle, I'm not a believer. In fact I think his argument that things will get too complicated for fans to sort out works in favor of the players. If the owners lock the players out, you can expect the anti-labor noise machine to crank up full volume in support of the owners, but the simple issue for fans will be the owners created the problem.