Quote:
Originally Posted by JoeRedskin
Maybe. In light of the waiver, however, I still question the ability of the Feds to intervene. There was a labor dispute, governed by a binding CBA, which proceeded to resolution through the court system until and out of court settlement was reached. While there were practices during the negotiations by one side that violated the original binding agreement, any claims for damages resulting from these practices were waived by the other side as part of the omnibus settlement of all outstanding claims.
In light of the mutually negotiated settlement's terms, what statutory basis does the Federal government have to nullify an otherwise binding contract? There has to be some law that allows to do so. Unless it is inherently illegal (gambling contracts for example, or contracts to commit criminal actions) Governments cannot just say "We don't like this contract - away with you!!" (Which, by the way, is a very good thing).
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I'm not 100% sure the Labor Department would disolve the whole CBA, what I am saying though is I could see the Labor Department saying clearly you (the NFL) engaged in unfair labor practices and from now on you'll lose your exemptions. If I remember correctly the government allowed the NFL to keep their exemptions.... the government does not have to allow them to though. So going nuclear could open a whole can of worms the owners don't want opened.