Good/Bad News for a Change - 2013 18MM cap penalty probably (not) going away

[SBXVII]

Originally Posted by FRPLG

Why would he want to mess up their anti-trust exemptions? He capitalizes on them as much or more than anyone. This isn't a labor issue but rather an business issue as JR has basically guessed. His business partners acting in coordination to screw him.

But.... if the Redskins are crying foul in regards to unfair labor practices against the players during the negotiations of the new CBA then I could see the Feds getting involved. The Redskins essentially would be the proof and evidence that the owners had an agreement and got involved in unfair labor/negotiating practices to screw the players out of money.

Would it hurt the Skins? sure in the long run with possibly the NFL losing their exemptions but how much and what exactly would change about how they are doing business is the question. I presume it would only stick another entity in the middle of any and all negotiations in the future. Something every business owner has to worry about now, no reason the NFL should be exempt.

I think the big issue is simply holding up FA. Lets say the Skins file their injuction and its granted FA is held up until the CAP and 18 mill is resolved and if that 18 mill is tied into a law suit which most likely won't be heard until June, July, Aug. or later, then there is the issue of sides post poning court dates for whatever reason..... FA could be tied up into the start of next season which the owners don't want, and players will want to be on a team getting paid learning their offensive or defensive schemes. Players will just be sitting out there without jobs waiting for this to be resolved.

[JoeRedskin]

Originally Posted by SBXVII

But.... if the Redskins are crying foul in regards to unfair labor practices against the players during the negotiations of the new CBA then I could see the Feds getting involved. The Redskins essentially would be the proof and evidence that the owners had an agreement and got involved in unfair labor/negotiating practices to screw the players out of money.

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).

[SBXVII]

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).

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.