Judge Lifts NFL Lockout

U.S. District Judge Susan Richard Nelson issued an injunction against the National Football League yesterday which essentially declared the lockout of their players to be illegal.  If allowed to stand, Judge Nelson's action would lead to a resumption of the employment relationship between NFL teams and their players. 

As expected, the league immediately filed for a stay of the judge's order with the Circuit Court.  This stay is sort of like calling a time out that would last as long as it takes for the Circuit Court to rule on the league's appeal of Judge Nelson's opinion.

Norris and LaGuardia Scratching Their Heads

Once upon a time, prior to 1932 to be exact, the US was a remarkably bad place for unions.  Not only did unions have virtually no right to collectively bargain, but often when they organized a strike, the pro-business federal courts would issue injunctions declaring that their strikes were illegal.  Organizers and striking workers were thrown in jail.

This went on until Congress passed the Norris-La Guardia Act in 1932.  This law was mostly known for outlawing "Yellow Dog" contracts (employer-employee agreements not to unionize), but it also virtually removed the ability of a federal court to issue injunctions related to labor disputes.  This latter provision of the law was undoubtedly intended to protect unions from strike-breaking federal court actions, but it was worded in a way that protected both sides from intrusions by the courts.

Still, it's kind of ironic that Norris-La Guardia relief is now being used by the NFL.

What's Next?

The best guess is that the NFL will get their stay.  If so, it's expected to take the Circuit Court about a month to consider the league's appeal.  During that time, everything will be in limbo.  There's some question as to whether negotiations would even be legal since, the players having voted to decertify their NFL Players' Association (NFLPA), there is no union with which to legally bargain.

The NFL's stance is that the players are wasting precious time attempting to obtain through litigation what they should be trying to get through the collective bargaining process.  Of course, they're right about this.  Still, you can hardly blame the players for going the legal route.  As I wrote at the start of the NFL-NFLPA negotiations, in terms of economic leverage, the NFL owners hold virtually all the advantages.

Of course, there's a chance that the Circuit Court will deny the league's request for a stay.  Some have opined that it would mean a return to "business as usual."  As usual?  Not by a longshot. 

How would free agency, trades and signing draft picks work with no union in place and no collective bargaining agreement to govern?  Would all players be free agents?  If the owners refused to resume their business activities, would they be charged with collusion?  I'm sure there are many other unprecedented issues that would arise.

We should all know about the stay by the end of the week.  If the answer is no, buckle up...it's going to be a wild ride.