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Wednesday, May 11, 2011

"The Bush Push"...for more time off?

As if it wasn't already hard enough for fans to feel any sense of sympathy for the players or owners during their dispute over $9 billion in annual revenue...New Orleans Saints running back, Reggie Bush, decided that he would let his nearly 1.7 million Twitter followers know exactly how "hard" this lockout has been when he posted:

"Everybody complaining about the lockout! Shoot I'm making the most of it! Vacation, rest, relaxing, appearances here and there! I'm good!"

Bush made another post only minutes later, stating:

"Right about now we would be slaving in 100 degree heat, practicing twice a day, while putting our bodies at risk for nothing."

Wait a minute, let me get this straight...the NFLPA argued that players would suffer "irreparable harm" if an injunction ending the lockout was not granted. Well, the lockout continues, so that would mean that NFL players are currently suffering irreparable harm...right? Yea, it certainly sounds like it. Look, I don't care that these guys are enjoying their time off, but don't try to legitimize the argument of irreparable harm. The only thing that has been irreparably harmed is Bush's reputation (hm...I wonder if Bush will seek an injunction against himself).

Okay, so that's just one guy. He doesn't speak for all of the NFL players right? Well, maybe not, but we know that Washington Redskins cornerback, DeAngelo Hall shares a similar sentiment. He was quoted in an interview with Washington Post sports columnist Mike Wise, saying:

"It feels kind of good to still be on summer vacation, so to say. I'm enjoying myself, loving the downtime. Body's getting a chance to really really heal up. I feel good."


Hall added that he didn't care about missing the training camps because he already earned his off-season workout bonus. How, you might ask, did he earn his workout bonus during the lockout? Well, if you recall, Judge Nelson granted the injunction in favor of the NFLPA ending the lockout on May 25. Hall, like many other players, took full advantage of the ruling and went to the Redskins' training facility to work out the following day. As we now know, Judge Nelson's ruling was stayed the very next day, May 27, and the lockout resumed.

What does that mean for Hall? It means that he will receive a $500,000 off-season training bonus for going to the Redskins training facility for one day.

So, you need an injunction to end the lockout. You need to end the lockout to prevent irreparable harm. But you like the downtime because your body can heal. In other words, you're being harmed by having time to heal and making a quick $500K? Got it, it all makes sense when you explain it that way...thanks DeAngelo.

Tuesday, May 10, 2011

Should student-athletes be allowed to receive profits generated from their talents?

"The Lockout" in layman's terms...

First of all, what is a Collective Bargaining Agreement (CBA)?


Basically, a CBA is an agreement between players and owners that sets out the rules that they must abide by when contracting with each other. In general, a CBA allows unions to collectively (i.e, all union members together) bargain for specific rights from their employer. In this case, the union, NFL Players Association (NFLPA), had a Collective Bargaining Agreement with the NFL Owners. This agreement expired between the 2010 and 2011 NFL season. Therefore, there are no "rules" by which players and owners must abide.

Without a CBA in place, the NFL season cannot move forward because there is no agreement between the employees (players) and the employers (owners). Some of the primary issues at dispute are: free agency rules, the splitting of the $9 billion in annual revenue, the number of regular season games, increasing transparency of how the league's expenditures, and rookie compensation.

What is an Injunction? 

An injunction can either prevent someone (or in this case an organization or group of people) from doing something or force them to do something. The NFL Players Association (NFLPA) wants to enjoin, or prevent, the NFL Owners from "locking out" the players until a new Collective Bargain Agreement can be reached. There are a few key elements that must be must in order for a Judge to grant a temporary injunction to the NFLPA:
  • There must be a likelihood of irreparable injury to the NFLPA (i.e., if the NFLPA had to wait for a full hearing, between now and then, he would suffer irreparable injury).
  • The Judge must determine that the NFLPA is likely to succeed when the full hearing eventually takes place.
  • The balance of potential hardships must weigh in the NFLPA's favor.
U.S. District Court Judge Susan Nelson had ruled in favor of the NFLPA and granted an injunction, ordering an immediate end to lockout. HOWEVER, the Owners immediately appealed, and the Appeals Court granted a temporary stay to the injunction only days later.

What does a "stay" to the injunction mean?

Essentially, a stay to an injunction puts the injunction on hold until an Appeals Court can make a decision as to whether Judge Nelson overstepped her boundaries. Until then, the lockout remains in place and there must be no communication between the players and the NFL teams.

The Holdings

Motion for prliminary injunction on 4/25/2011

Defendants’ Expedited Motion to Stay Pending Appeal on 4/27/2011