Attorneys for the NFL and its players argued before U.S. District Judge Susan Nelson on Wednesday in Minnesota as the players continue to seek an injunction that will end the league-imposed lockout. After hearing arguments from both sides, Nelson said she would take a couple of weeks to decide on the injunction request and offered to mediate a resumption of talks should the sides wish.
“It seems to me both sides are at risk and now is a good time to come back to the table,” Nelson said.
The NFLPA gave up its right to represent the players in collective bargaining when it decertified just before the lockout was imposed March 11. It’s possible the two sides could discuss a resolution of their dispute in the short term, but such talks would have to be settlement discussions on the current antitrust suit, not collective bargaining talks, since the NFLPA can no longer legally engage in the latter since it’s no longer a union.
The problem is, the owners are insisting that the NFLPA’s decertification was a “sham” effort to increase its bargaining leverage and should not be permitted. Since they believe the NFLPA is still functioning as a union, the owners refuse to engage in settlement discussions and continue to insist that collective bargaining resume.
The NFLPA says it decertified because more than two years of attempting to solve the problem through collective bargaining failed.
As a result of this core dispute, much of Wednesday’s proceedings dealt with the issue of whether Nelson and the U.S. District Court even had jurisdiction over this matter. The NFL has filed a complaint with the National Labor Relations Board saying the NFLPA bargained in bad faith, and is arguing that the antitrust suit the players brought should not be heard until the NLRB rules on their complaint.
Should Nelson rule in favor of the players, the owners would appeal. Should they lose that appeal, the lockout would theoretically end and the players would go back to work, attending minicamps and off-season workouts as they normally would this time of year. Should Nelson rule in favor of the owners, the players would appeal. Should they lose that appeal, the lockout would remain in place indefinitely.
