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Special Teams
Join Date: Mar 2012
Posts: 158
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Re: Redskins, Cowboys could go “nuclear” over cap mess
Quote:
Originally Posted by JoeRedskin
Ahhhhh .... now I get what you're saying. Sometimes I am slow on the uptake. A good question and one beyond my immediate knowledge, it is more labor relations specific: What redress is available to a wronged party of an expired labor agreement? My gut is "too bad, so sad" b/c the governing agreement no longer exists. At the same time, and if that were the case, it might lead to some improper results.
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The problem is that the League punishing Clubs doesn't violate any CBA, old or new.
If the players disagreed with the punishment, they would have an obviously strong case to say the NFL can't unilaterally modify the salary cap.
As for timing, surely someone could sue the NFL for actions that violated a (now-expired) agreement that existed at the time.
As for the CBA, both parties agreed in the 2011 version not to sue each other or assist suits that fall under the previous CBA (emphasis added):
Section 3. Releases and Covenants Not to Sue:
(a) The NFLPA on behalf of itself, its members, and their respective heirs,
executors, administrators, representatives, agents, successors and assigns, releases and covenants not to sue, or to support financially or administratively, or voluntarily provide testimony of any kind, including by declaration or affidavit in, any suit or proceeding (including any Special Master proceeding brought pursuant to the White SSA and/or the Prior Agreement) against the NFL or any NFL Club or any NFL Affiliate with respect to any antitrust or other claim asserted in White v. NFL or Brady v. NFL, including, without limitation, any claim relating to the 2011 lockout, any restrictions on free agency, any franchise player designations, any transition player designations, the Draft, the Entering Player Pool, the Rookie Compensation Pool, Total Revenues ("TR") or television rights fees with respect to any League Year prior to 2011 , collusion with respect to any League Year prior to 2011 , or any claim that could have been asserted in White or related to any other term or condition of employment with respect to conduct occurring prior to the execution of this Agreement. For purposes of clarity, this release does not cover any claim of any retired player.
(b) The NFL, on behalf of itself, the NFL, and the NFL Clubs and their
respective heirs, executors, administrators, representatives, agents, successors and assigns, releases and covenants not to sue, or to support financially or administratively, or voluntarily provide testimony of any kind, including by declaration or affidavit in, any suit (including any Special Master proceeding brought pursuant to the White SSA and/or the Prior Agreement) against the NFLPA or any of its members, or agents acting on its behalf, or any member of its bargaining unit, with respect to conduct occurring prior to
the execution of this Agreement.
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