Quote:
Originally Posted by Skinzman
Maybe Judges view it differently for an entity like the NFLPA because they have big boy lawyers themselves. But, the concept of "Signing your rights away" is not recognized by the courts. People have been bullied into doing just that plenty of times only to have the Judge claim "Signed under duress" and throw that clause out. Second, the NFLPA has no right to make collusion for its negotiating partner legal. Thats completely up to the Govt at this point.
I dont see it going anywhere since the Govt wont take on the NFL, but that has nothing to do with the NFLPA signing its rights away and the NFL/NFLPA claiming to have jurisdiction on the Constitution of the USA with a claim of what they deem as legal even though its not through a clause in the CBA.
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Out of curiosity, what do you think any formal waiver is? It is a waiving of your rights, ie signing your rights away.
The level of the waiver, and how it is reached certainly can be reviewed, which is what J. Doty looked at, and he came to the conclusion that the waiver signed by both parties was valid, not reached via bullying tactics, and included even unknown acts of collusion.
Had he not ruled, and the two parties dropped the matter before he did, then your thinking about a cap settlement might have been closer to the fact. But he did rule, and specifically in the NFL's favor, so the NFL is not going to suddenly say Oops, NFLPA you got us.
Also, our getting the cap money back is actually a separate fact which the NFLPA was not trying to change. Our penalty was solely a means to an end for them to try and re-open the collusion case, they were not trying to get the Skins penalty revoked.