SPECIAL REPORT: NFL Confirms Lockout as Players’ Union Decertifies

The National Football League (NFL) confirmed on Saturday, March 12, that a lockout of its players had been enforced after the players’ union decertified on Friday when talks over a new collective bargaining agreement (CBA) collapsed.

The decision made by the Players’ Association (NFLPA) means that the athletes will be entitled to file anti-trust lawsuits against the NFL. According to the expired CBA, the union had to file a petition to decertify by 5pm ET on Friday, March 11, in order to be able to immediately file an antitrust lawsuit if the NFL institutes a lockout.

If the NFLPA waited until after the expiration of the deadline to decertify, they would have to wait six months to institute an antitrust lawsuit, thought to be the main reason for the prompt move.

Without a players association to collectively bargain, the players lose all their collectively bargained rights such as medical insurance and their pension.

The decertification simply meant that there is no longer a players association, a scenario which occurred back in 1989 in order to bring an anti-trust case, which did not reform again until 1993. For that reason it does not mean that no American Football will be played during the decertification period.

However, since then the league have confirmed to a lockout of its players. If the NFL had not enforced a lockout, they could have instituted their “last and best offer.” This is where the NFL owners would unilaterally implement the last offer they gave the players association before reaching an impasse. Football would have been played while the NFL and NFLPA battled out an antitrust case in court.

Speaking after the union’s decision to decertify was announced, NFL commissioner Roger Goodell stated: “We worked hard. We didn’t reach an agreement, obviously. As you know, the union walked away from the mediation process today to decertify.

“We do believe that mediation is the fairest and fastest way to reach an agreement that works for the players and for the clubs. And we believe that ultimately this is going to be negotiated at the negotiating table. They’ve chosen to pursue another strategy, and that is their choice.”

NFLPA executive director DeMaurice Smith told reporters: “I’m sad for our fans, I’m sad for our players…but I’m proud of the (players) who have devoted themselves to be leaders.” He said the league’s contention that the union was more interested in litigation than negotiation all along “flies in the face of reason, flies in the face of facts and is simply untrue”.

A team of nine players, including Drew Brees, Vincent Jackson, Ben Leber, Logan Mankins, Peyton Manning, Brian Robison, Osi Umenyiora, Mike Vrabel, and led by New England Patriots quarterback Peyton Manning, moved to represent all current and future NFL players before the NFL’s lockout was announced, seeking to enjoin the NFL from locking players out, among other things.

The lawsuit sought an injunction to prevent the NFL and its clubs “from agreeing to deprive the players of the ability to work as professional football players.” It also sought declarations that the lockout, the draft and the salary cap, among other things, are violations of the Sherman Act. It further seeks an injunction to prevent NFL clubs from “agreeing to withhold contractually-owed amounts to players under contract for the 2011 NFL season and beyond.”