Remember when your parents, while fighting with a sibling, would say knock it off or you’ll both be sorry?
Judge Kermit Bye sounds like my elders. After listening to the NFL and players on Friday argue over ending the ongoing lockout, Bye delivered a chilling warning. Work this out before the 8th U.S. Circuit Court of Appeals rules in coming weeks or else receive a decision “that neither side will like.”
Amen to the two sides working this out instead of the court’s interference.
Unfortunately, the NFL and players in their ongoing labor dispute are begging for the court’s involvement. Each side thinks the decision will provide a negotiating advantage.
Bye smells this tactic and obviously doesn’t like it. The judge knows the best deal will come when owners and players quit looking to the courts and make an honest effort to negotiate. So far, neither side has truly sought a deal. They’d rather dance in courtrooms first.
The latest legal argument is whether anti-trust or labor laws apply, which will then determine whether owners locking out players for up to one year is legal. The players union dissolved to avoid the lockout, but continuing to negotiate with owners over a collective deal clearly shows this new alleged trade association is a sham. They will eventually re-emerge as a union and everyone knows it. Claiming otherwise is wrong and the court saw through it when earlier denying the players’ appeal to end the lockout.
Judges said they won’t be hurt if the two sides reach a deal while the jurists consider the appeal. That’s another wink, wink moment of saying “go work this out yourselves.”
Owners and union officials met in recent days, but it always seems talks revolve around PR timing. They could have met any time in recent weeks while awaiting Friday’s court day, but of course they waited until the preceding two days to pretend negotiations are legit.
If both sides were serious, why didn’t someone bring a written proposal to end the standoff. Something for one side to at least chew on. Instead, it was all big picture that isn’t intended to produce a settlement.
A serious negotiation has at least one person willing to say, “Here’s my offer. Accept, reject or counter it.” Neither side did so, which means neither really wants to settle yet.
Anything’s possible, but chances are both sides are willing to chance the court’s decision before seriously negotiating. Oddly, judges may also hold a decision hoping to force owners and players into talks. That’s an odd game of chicken.
It’s almost worth seeing what the court’s threat of neither side being happy with the decision could be. Then again, I never chanced my parents’ justice, either.
Examiner columnist Rick Snider has covered local sports since 1978. Read more on Twitter @Snide_Remarks or e-mail [email protected].
