Any Deal Is In the Details

The players and the owners are continuing their meetings with the goal of resolving the lockout and getting back to the game of football.  That said there is still much to be done on the business of football to make that a reality.

Sources throughout the media are reporting positive actions being taken and a more amicable meeting environment between the parties.  That’s great but as most of us know the devil is always in the details and difference of a few percentage points here or there, 16 verses 18, carve outs, thresholds or conflicts with antitrust laws are not insignificant details to resolve.

NFLPA spokesman George Atallah said via Twitter that he isn’t predicting “when a resolution to the lockout will come” and added in another tweet: “We’re focusing all our efforts on a long-term settlement, agreement and resolution. That’s what we can control.”

DeMaurice Smith, executive director of the NFLPA made a recent statement that might shed some insight into Atallah’s statement. “The National Football league rests on the bedrock of antitrust laws and the CBA came out of conflict from those antitrust laws and resolutions to our issues will not only involve the mediation of our differences but at the end of the day recognize some sort of solution to the antitrust laws.”

In the oral arguments before the 8th Circuit Court of Appeals both sides spent a good deal of time on the nature of the dispute with the players’ lead counsel Ted Olson arguing it was an antitrust matter and the NFL’s lead counsel Paul Clement arguing it was a labor matter. At at the end of the hearing Judge Bye said, “the parties should negotiate as a ruling will be something neither side will like.”

While both sides have said a resolution will come from mediation, they have throughout their history utilized the courts as a backstop to protect themselves.  I would imagine this is a delicate issue in the current negotiations.

The Associated Press is reporting that finalizing an agreement by next week’s owners’ meetings is unlikely. But a framework for a new collective bargaining deal could be presented in Chicago, with further tweaking extending the work stoppage until the end of the month. They further reported that according to sources a new CBA could be in place before the July 4th weekend and that the owners and players are “headed in the right direction” and that lawyers “are back in the room” after being excluded from sessions the past two weeks.

Those on hand at the meetings included NFLPA executive director DeMaurice Smith, NFL commissioner Roger Goodell, Giants’ John Mara, Cowboys’ Jerry Jones, NFLPA president Kevin Mawae , Jeff Saturday , Mike Vrabel , Tony Richardson and Domonique Foxworth.  On the legal side, Jeffrey Kessler and Jim Quinn are representing the players, and Jeff Pash and Bob Batterman are present on behalf of the owners.

While it appears everyone is following the court’s advice and is working to come up with something that they will like, or can at least live with over the long term, any deal is really in the details.

 

 

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