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Guardiola: I and Mou? Show of the players
Posted by The Popular News Today on Tuesday, May 17, 2011
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Judge rules for players, ends NFL lockout; owners file appeal, seek stay
Posted by The Popular News Today on Tuesday, April 26, 2011
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MINNEAPOLIS -- Seven weeks into the NFL lockout, players have an early triumph over the owners in court.
U.S. District Judge Susan Richard Nelson ordered an immediate end to the lockout Monday, siding with the players in their bitter fight with the owners over how to divide the $9 billion business.
The fate of the 2011 season remained in limbo: The NFL responded by filing a notice of appeal questioning whether Nelson exceeded her jurisdiction, seeking relief from the 8th U.S. Circuit Court of Appeals in St. Louis.
U.S. District Judge Susan Richard Nelson ordered an end to the NFL lockout Monday. Read the ruling here. Report (PDF)
What will happen in the next few days is murky, too.
Players may very well show up at team facilities on Tuesday; whether they'll be allowed access is unclear.
DeMaurice Smith, the head of the NFLPA, said on ESPN2 on "NFL Live" that they planned to give players "guidance" about what to do moving forward and said players were eager to resume court-ordered mediation to resolve the pending litigation.
"My hope is really is that there's somebody on the other side who loves football as much as our players and fans do," he said.
Vikings linebacker Ben Leber, who will be a free agent, wasn't sure what would happen Tuesday.
"It sounds like there's a possibility that there might be a door open for us, no pun intended, to go in," he said. "But I really think that it's in the best interest of the players because this is such a sensitive time to stay back and let the dust settle."
Nelson's ruling was a stern rebuke of the NFL's case, hardly a surprise given the court's history with the league and her pattern of questioning during a hearing here three weeks ago in St. Paul, Minn.
In a room packed with lawyers, players and league officials, Nelson politely but persistently questioned NFL lawyer David Boies about his repeated argument that she shouldn't have jurisdiction over a labor dispute with an unfair negotiation charge against the players pending with the National Labor Relations Board.
“They better act quickly, because as of right now there's no stay and, presumably, players could sign with teams. There are no guidelines as of right now, so they have to put something in place quickly.
” -- Jim Quinn, attorney for the players, on NFL's next move
In her ruling, Nelson rejected that contention. She recognized the NFL Players Association's decision to "de-unionize" as legitimate because it has "serious consequences" for the players.
Nelson even referenced her colleague, U.S. District Judge David Doty, who has frequently ruled for the players in the past. Not only did she declare that players are likely to suffer harm by the lockout, a legal requirement for granting the injunction, Nelson wrote that they're already feeling the hurt now.
She cited their short careers, arguing that monetary damages wouldn't be enough relief.
What Nelson didn't do on Monday, however, was tackle the issue of the antitrust lawsuit filed last month when the union broke up. That, she wrote, "must wait another day."
If the injunction is upheld, the NFL must resume business in some fashion.
It could invoke the 2010 rules for free agency, meaning players would need six seasons of service before becoming unrestricted free agents when their contracts expire; previously, it was four years. The requirement for restricted free agents would be four years rather than the three years before 2010. There also was no salary cap in 2010, meaning teams could spend as much -- or as little -- as they wanted.
And the NFL would need to determine whether offseason workouts can be held while the appeal is pending.
What does Nelson's ruling mean? ESPN.com's NFL Nation bloggers weigh in on the potential league-wide ramifications. Blog
• ESPN Radio: Mortensen | Brandt
Owners imposed the lockout after talks broke down March 11 and the players disbanded their union. A group of players filed the injunction request along with a class-action antitrust lawsuit against the league.
Jim Quinn, an attorney for the players, said the pressure is on the league.
"They better act quickly, because as of right now there's no stay and, presumably, players could sign with teams," Quinn said. "There are no guidelines as of right now, so they have to put something in place quickly."
In a statement, the NFL again argued its belief that "federal law bars injunctions in labor disputes" and expressed confidence the appeals court would agree.
"But we also believe that this dispute will inevitably end with a collective bargaining agreement, which would be in the best interests of players, clubs and fans. We can reach a fair agreement only if we continue negotiations toward that goal," the NFL said.
Nelson heard arguments on the injunction at a hearing on April 6 and ordered the two sides to resume mediation while she was considering her decision. The owners and players, who failed to reach consensus after 16 days of mediated talks earlier this year, met over four days with a federal magistrate but did not announce any progress on solving the impasse.
“” -- Cardinals kicker Jay Feely
The players have said all along, 'The law is on our side.' Judge Nelson's ruling reaffirms our contention.
They are not scheduled to meet again until May 16, four days after Doty holds a hearing on whether players should get damages in their related fight with owners over some $4 billion in broadcast revenue.
Osi Umenyiora, the New York Giants defensive end and one of the plaintiffs, called the ruling a "win for the players and for the fans" in a statement.
"The lockout is bad for everyone, and players will continue to fight it," Umenyiora said. "We hope that this will bring us one step closer to playing the game we love."
New York Jets guard Brandon Moore called it a good day for the players, but recognized "there's still some legal wrangling that needs to go on."
"This has been frustrating," Moore said. "You're working out on your own, trying to set up drills, trying to find a field somewhere, trying to find a time to get together. I mean, we're professional athletes here. We shouldn't be going through this. On the same token, these were the only cards we were left with."
With appeals expected, the fight seems likely to drag on through the spring and, possibly, into the summer. The closer it gets to August, when training camps and the preseason get into full swing, the more likely it becomes that regular season games could be lost.
That's when fans will really start to sweat this, and the public interest in this case did not go overlooked in Nelson's ruling.
"This particular employment dispute is far from a purely private argument over compensation," she wrote.
Still, kicker Jay Feely, Arizona's player rep before the NFLPA dissolved, was vociferous in reacting to the decision.
"The players have said all along, 'The law is on our side.' Judge Nelson's ruling reaffirms our contention," Feely said.
Information from The Associated Press contributed to this report.
San Francisco Giants players, staff receive 2010 World Series rings
Posted by The Popular News Today on Wednesday, April 20, 2011

NFL, players to pick up labor talks next week
Posted by The Popular News Today on Saturday, April 16, 2011
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MINNEAPOLIS -- Negotiators for the NFL and its locked-out players wrapped up a second day of court-ordered talks Friday with no signs of significant progress. They will reconvene at 11 a.m. ET Tuesday.
The two sides left the federal courthouse in Minneapolis after about four hours of talks, following nine hours of meetings on Thursday.
Hall of Famer Carl Eller, who is representing retired players in the antitrust lawsuit against the league, said he thinks the two sides are "moving forward" but the process "slowed a little bit" Friday.
"There is progress, but it wasn't like we're right around the corner," Eller said. "We could resolve it if we had met on the weekend, but maybe not."
In a guest column, NFL rep Greg Aiello outlines the league's problems with the CBA and ways to fix the system as the game moves forward. Story
NFLPA executive George Atallah breaks down how the players and the union view the crucial talks. Story
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U.S. Magistrate Judge Arthur Boylan, who is overseeing the sessions, assigned some weekend homework, according to Michael Hausfeld, an attorney for the players.
"The judge has asked us to provide answers to over a half-dozen questions that he's asked," Hausfeld said, declining to provide details. "There's a lot of work."
"We have work to do over the weekend. ... It is positive that both sides continue to communicate. ... We want to get it resolved," commissioner Roger Goodell said on a conference call with San Diego Chargers season ticket-holders Friday. "We understand it's not good for anyone, especially our fans."
With the 2011 season in jeopardy, Boylan is overseeing this round of talks after 16 days of mediated sessions in Washington failed to secure a new labor pact.
"We need to have some productivity," Eller said. "We need to come out of here with something, and I think that there is a sense of realism on the judge's part. It's not just talk. Just getting together to talk is not productive."
U.S. District Judge Susan Richard Nelson, who ordered the mediation, is still considering a request from the players to lift the lockout imposed by the owners. After an April 6 hearing, she said she planned to rule on the injunction request in a couple weeks -- which would mean next week.
When asked about the presumed deadline, when Nelson will rule on the players' request, Eller told ESPN's Ed Werder: "When it convenes we want to have something for her so there is pressure."
Players including MVP quarterbacks Tom Brady and Peyton Manning filed the request along with a class-action antitrust suit against the league. The lawsuit has been combined with two other similar claims from retirees, former players and rookies-to-be, with Eller the lead plaintiff in that group.
Goodell, four team owners and several league executives and lawyers left the building without speaking to reporters. NFL spokesman Greg Aiello, via email, declined to comment.
DeMaurice Smith, the NFL Players Association executive director, also refused to talk. He left the courthouse with lawyers and linebackers Ben Leber and Mike Vrabel, two other plaintiffs in the antitrust suit filed March 11 when the last collective bargaining agreement expired, the union dissolved and the lockout began.
At least the mood appeared light.
Reporters staking out the closed-door session were greeted with smiles and goodbyes from negotiators and attorneys as they departed. In a packed elevator on the way down to the lobby, Smith needled Vrabel by deadpanning to media members inside, "All right, in all seriousness, Mike is going to have a statement. You ready?"
Silence.
Then laughter.
The NFL's first work stoppage since the 1987 strike, of course, is no joke for either side -- especially for the fans who pay to sit in the seats at sparkling new stadiums, buy replica jerseys to show their support and watch out-of-market games on satellite television.
"I'm a fan, too," Eller said earlier this week. "We would like to ease their minds. We can't tell them the outcome, but we are very interested in having a football season."
That's one shared goal between the two sides. With the dispute now in court, public relations is a major part of the effort for each side -- through press releases, links and comments on Twitter and communicating directly to the public in the push to get the message out.
"We're going to make sure we have football and more of it," Goodell said this week in a conference call with Cleveland Browns season ticket-holders.
Said Smith after the April 6 hearing in Nelson's court: "Keep rooting for the players, and keep rooting for football."
Spin and rhetoric has been intense at times from both corners, but Aiello said the league doesn't view this as a public relations battle with the players.
"Our job always is to keep fans informed," Aiello said. "That is what we're doing in this situation."
NFLPA spokesman George Atallah didn't return messages this week.
The players have a website, nfllockout.com, that highlights community outreach and charitable efforts by the players and includes talking points for their side.
The NFL website, nfllabor.com, is a similar version for the league. Lead negotiator Jeff Pash recently wrote an op-ed column in the Chicago Tribune, stressing concessions the NFL has made with a list of highlights of its latest offer before talks broke down.
Eller sounded optimistic, not only about the progress but also the opportunity to represent his fellow retired players, who have pushed for better benefits and care from the league for years.
"We don't drive this. We need them both," said Eller, referring to the current players and the league owners. "Our needs hinge on both of them. It's not an either-or situation for us. ...
"What I want the retirees to understand is that we are carving a unique situation. ... We're at the table, and I think this is something that they ought to be able to rejoice at an early stage, because where we go from here, it's going to be a major move," he said.
Goodell said Thursday that the league hopes to release its schedule for next season within the next 10 days and plans to play "a full season." He also said there are no plans to use replacement players as the league did in 1987 and that the Super Bowl in Indianapolis could be pushed back one week or the two-week gap after the conference championships could be shortened to one if necessary.
"It has not been part of discussions," Goodell said Friday of using replacement players. "We are not at all considering that. Our focus is on the collective barraging agreement and getting the best solution for the game, for the fans, for the players and for the clubs. Our entire focus continues on that."
Goodell also continued to sell the merits of an 18-game schedule.
Information from ESPN's Ed Werder, ESPN.com's Bill Williamson and The Associated Press was used in this report.