Lockout Continues but so Does Mediation

The owners got what they were asking for this week – no football.   With that under their belt, both sides will head into mediation today and the rest of us will wait and wonder when and if the 2011 NFL season might start.

Yesterday the 8th Circuit Court of Appeals granted the league’s motion to make the temporary stay of the lockout permanent.  In its ruling, the court cast doubt on the conclusions of District Court Judge Susan Nelson and wrote that league has made a strong showing that it is likely to succeed on the merits.”

The Circuit Court ordered that the lockout can remain in place until a full appeal on the matter is decided. That hearing is scheduled to begin on June 3 before the same panel that issued yesterday’s 2-1 decision.

The majority said both sides will suffer “some degree of irreparable harm no matter how this court resolves the motion for a stay pending appeal,” and then criticized Judge Nelson.

“We do not agree, however, with the District Court’s apparent view that the balance of the equities tilts heavily in favor of the players,” the majority wrote. “The District Court gave little or no weight to the harm caused to the league by an injunction issued in the midst of an ongoing dispute over terms and conditions of employment.”

The Circuit Court said it would make its decision quickly following the hearing, a “circumstance that should minimize harm to the players during the off-season and allow the case to be resolved well before the scheduled beginning of the 2011 season.”

“The NFL’s request for a stay of the lockout that was granted today means no football. The players are in mediation and are working to try to save the 2011 season,” the NFLPA said in a released statement.

In a conference call with Buffalo Bills season ticket holders NFL Commissioner Roger Goodell, said he thinks there’s “still time” to strike a new collective bargaining agreement. But time is running short. It’s time to get back to the table and get those issues resolved.” Goodell said.

In a written statement the NFL said, “The league and players, without further delay, should control their own destiny and decide the future of the NFL together through negotiation.”

We’ll see what happens today.

 

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