Judges should stay out of the NFL lockout.
The 8th U.S. Circuit Court of Appeals will hear arguments Friday on Brady v. NFL to decide whether the owners’ lockout of the players violates federal antitrust laws.
Frankly, who cares what the judges think?
The owners and players will decide when this labor impasse ends, not the legal system. And the court likely will stay out of it anyway by reiterating its earlier ruling that allowed the lockout. Essentially, the three judges will tell the players and owners to figure it out themselves. Considering that the Supreme Court takes only about 10 percent of appeals and even then not before October, this is essentially the final legal say.
This round is simply about leverage. The winner gets a clear edge. The loser needs to get ready to make concessions.
Neither side is truly ready to negotiate. It will be a summer of lip service. Go to the beach and spend the money you would have wasted on preseason games, and come Labor Day maybe there will be some news.
But for now, the players should prepare their bottom-line numbers, cut them by another 10 percent and get ready for a quick deal at the last minute. After all, that’s when it will happen.
The owners will win this dispute simply because they have the money to wait it out. It’s easier to unify 32 billionaires than 1,800 players, some of whom already miss offseason workout money, much less game checks.
NFLPA officials have fared poorly in talks. They seemed ill-prepared for the March negotiations. It became personal, which is exactly what the owners wanted because adrenaline clouds judgment. Frankly, NFLPA president DeMaurice Smith showed more intelligence as the featured speaker at Maryland’s graduation ceremony in May than in March, when he compared the labor talks to war.
Smith deeply cares about the players. He certainly doesn’t want to make concessions after predecessor Gene Upshaw delivered a golden deal last time. But how many labor leaders haven’t lost ground in a contract deal during the recession? It’s not about how much the NFL owners will make of the supposed $9 billion profits but how much pride will Smith and his brethren lose?
News flash to Smith — cut your losses and broker a deal now. You’ll get a better one in July than in September if the owners are willing to talk. Frankly, they look more interested in starving out the players than negotiating right now. There’s a measure of showing who’s boss here. That’s the price of getting personal.
Maybe the 8th Circuit Court will impose the wisdom of Solomon and grant a solution. More likely, the owners and players simply will learn who’s stronger outside the weight room.
Suddenly, Washington Redskins owner Dan Snyder and his aged brethren are the barbarians at the gates.
Examiner columnist Rick Snider has covered local sports since 1978. Read more on Twitter @Snide_Remarks or email [email protected].
