Class Representatives File Final Brief

March 28th, 2011

The class representatives in the Brady case Monday filed their final brief to the court in preparation for the April 6, 2011 injunction hearing. The brief provides several persuasive arguments in support of an injunction to end the current lockout.

Among other things, it points out that the NFL owners agreed as part of the Reggie White Settlement back in 1993 that the players could end the NFLPA’s status as a union when the CBA expired, and that if the players did so, the owners could not claim that such action was just a “sham” or that the NFLPA still remained as a union after expiration. Despite this agreement, the owners are now saying just that—that the players’ vote to end the bargaining status of the NFLPA was just a “sham”—thereby reneging on their original agreement and arguing that this is a legal defense for their unlawful lockout.

The brief also strongly argues that the February 14, 2011 unfair labor practice charge filed by the owners against the NFLPA has no relevance to whether an injunction should issue. It reminds the court that the same thing had happened back in the early 1990s after the NFLPA had ended its union status in late 1989 and financed the Freeman McNeil case against the owners. The owners claimed then that the NLRB had jurisdiction over the case and not the federal court, but Federal District Court Judge David Doty ruled that the NFLPA had done enough to end its status as a union and the player-plaintiffs in the McNeil case were therefore free to pursue their antitrust rights against the NFL. The result was a resounding victory for the players and an eventual settlement, which gave free agency to the players.

The filing can be found here (PDF). Click here to view the exhibits and declaration (PDF).

2 Responses to “Class Representatives File Final Brief”

  1. Hal Says:

    Screw you players and owners. Actually, you’re screwing us, but we’re not millionaires or billionaires. You suck, and I’m done with the NFL. Thank good for college football.

  2. Katelynn Doman Says:

    It is good website,your web site i like have more help for me.thank you you spend the time to help us.

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