8th Circuit Court Grants Stay, Lockout Continues

[NC_Skins]

Originally Posted by CRedskinsRule

I have a question that I hope someone here can answer. If the 8th DCofA upholds its stay, and the lockout continues, can the NFLPA re-decertify at the 6month mark which the CBA speaks of, and invalidate the NFL's claim of a sham? I would think so. Then if the NFL can't argue sham, they could no longer lockout the players, correct?

Basically, what I am saying - but don't know if I am right - is that on 9-11(or 9-12 since 9-11 is a Sunday) the NFLPA, could re-form by vote of the players, and officially de-certify. Once they do that in accordance with the 2006 CBA, the owners would no longer be able to claim sham, and thus could not invoke labor law tools such as a lockout. If that is true, and I am right on that, then all this legal maneuvering now would simply have been a waste on both parties, which doesn't make sense to me, but I can't figure out why the above statements would not be true. Finally, if that's the case, then really we have wasted 2 1/2 months of this lockout that could have been spent negotiating, with out changing either sides legal position. After all, if the NFLPA had stayed as a union, the NFL locked them out, and they continued negotiating, what would have changed legally, or financially, for the players. And on Sep12th, if no deal was reached the NFLPA could have de-certified and the owners would have no recourse through the NLRB, or the courts, to fault it.

If all that is right, and I am not sure it is, this whole thing seems even more like the huge screw up that we all already know it as.

Can the NFLPA re-decertify? They are already decertified, how can they re-decertify if they are already decertified? I'm confused.

If the courts find that the NFLPA's decertification is invalid then that mean's those Anti-Trust suits will also be invalid as well. It means the NFLPA would have to bargain as a union and the owners would have all the leverage. A lockout is going to occur with or without a union. That much is guaranteed.