The three-judge panel from the 8th Circuit Court of Appeals has heard it all now but while some might say its their turn to rule, the court is suggesting it’s still in the hands of the parties. The judges listened to legal arguments that were made by some of the best and brightest legal minds over whether to lift the lockout. At at the end of the hearing Judge Bye said, “the parties should negotiate as a ruling will be something neither side will like.”
Individual players have been consistent in their message: “Let Us Play.” They showed that commitment with their actions today as well as their unity as players. Over 20 players gathered in the courthouse to listen to the proceedings. Those players were Jon Beason,
Cornelius Bennett,
Jordan Black,
Matt Bryant,
Tyson Clabo,
Cullen Jenkins,
Jim McFarland,
Brandon Moore,
Sean Morey,
Chester Pitts,
Tony Richardson,
Brian Robison,
Orlando Scandrick,
Jake Scott,
Steve Smith,
Osi Umenyiora,
Brian Waters,
Jon McGraw,
Rudy Niswanger,
Andy Studebaker and
Adam Goldberg. Super agents Tom Condon and Ben Dogra were also in the courthouse and together represent almost 150 players.
According to reporters insider the courtroom, only NFL owner, Woody Johnson of Jets, came to see the show.
NFL lead attorney Paul Clement kicked off the oral argument with, “this wolf comes as a wolf. This is a labor matter, not an antitrust lawsuit.” Clement tried to key in on the Laguardia Act which he argues would prevent injunction of the lockout because the litigation arises out of labor dispute with or without a union.
“Everyone assumes that this dispute is ultimately going to include a (CBA) and as such, the NFL should be able to use a classic tool in labor law,” Clement said. That tool of course is the owners ability to lockout the players.
Clement asserted that the “views of NLRB should be known first and that the decertification of the union is not valid and if so, union can’t reappear within a year.”
Lead counsel for the players Ted Olson came out strong saying, “ the decertification is valid, this is antitrust case.” Olson said there are about 800 potential free agents that have no relationship to employers right now.
“The league desperately wants players to be a union, so they can violate the antitrust laws,” Olson argued. He went on to cite the NFL violating antitrust laws “15 times” in the recent past.
The court peppered Olson with questions regarding the collapse of bargaining leading up to decertification and asked whether it was “sufficiently distant in time.” Olson said yes, the union is dead and antitrust law should apply.
“The league (not the players) wanted the union to be reformed” in 1993 Olson said. He added that having a union in place is a benefit the owners want.
The NFL players want to play and won that right briefly in a decision by District Court Judge Susan Nelson. League owners quickly appealed and the lockout was put back in place after a much too brief reprieve.
Olson in his comments to the press said, “the players are grateful to be in front of the Court” and highlighted that the decision by the Appeals Court to stay Judge Nelson’s decision was before the brief was filed and today’s arguments.
The court in the end said it will render its decision in “due course” and that neither party would be hurt if they “settle the case.”
