NFL labor issues

The NFLPA is passing out cards to players setting the stage to request a vote on decertifying the union as the collective bargaining representative of the players. Rumor has it the Saints have unanimously voted for decertification. It is most unusual for a labor organization to seek to destroy its right to bargain for a group of employees it represents. But in this case NFLPA seems to think decertification is a defense against a potential lockout by owners when the current collective bargaining agreement expires in March. More after the jump.

IAM seeks to enjoin Pratt closures

Connecticut Attorney General Richard Blumenthal filed a friend of court brief in supporting a Machinists' union effort to enjoin Pratt and Whitney from moving Connecticut operations to Georgia and Asia. In a Section 301 action, the union claims the company's promise to make a serious effort to keep the work in Connecticut, a promise contained in the current labor agreement, was violated. Moreover, the union contends, the Company never intended to keep the promise. The union's breach of contract action seeks to delay the plant closures for the remainder of the existing contract, at which point they hope to be in a position to bargain for a deal to prevent closure. Trial begins today.

Williams v. NFL Nos. 09-2247/2462

The Eighth Circuit upheld the arbitration decision which imposed discipline upon 2 Vikings (K. Williams and P. Williams) and three Saints players (McAllister, Grant and Smith), but found that claims the Minnesota players raised under two state laws, Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA),  Minn. Stat. §§ 181.950-957, and Minnesota’s Consumable Products Act (CPA), Minn. Stat. § 181.938 were not preempted by federal labor law. The opinion provides an interesting walk through preemption under Section 301 of the Labor Management Relations Act. Because the district court had declined to exercise supplemental jurisdiction over the state law claims, the Minnesota players are free to challenge their discipline in state court under two employee protective Minnesota laws. The claims under the state laws have not been completely fleshed out other than in the bare pleadings. One of the surest sports bets of the season is that the NFL will petition for cert.