Skip to main content

Image of National Football League official Ed Hochuli
There is a clause in the NFLPA collective bargaining agreement that prevents the players from going on strike and the owners cannot lock out the players.
Section 1. No Strike/Lockout (pp22): Except as otherwise provided in Article 47 (Union Security), Section 6, neither the NFLPA nor any of its members will engage in any strike, work stoppage, or other concerted action interfering with the operations of the NFL or any Club for the duration of this Agreement, and no Clubs, either individually or in concert with other Clubs, will engage in any lockout for the duration of this Agreement. Any claim that a party has violated this Section 1 will not be subject to the grievance procedure or the arbitration provisions of this Agreement and the party will have the right to submit such claim directly to the courts.
The players cannot walk out or strike to show support for the locked out NFL officials ... or can they?

According to 29 U.S.C. § 143 : US Code - Section 143: Saving provisions:

...nor shall the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees be deemed a strike under this chapter.
If the players feel that the conditions on the field are made unsafe by having scab officials on the field then the players can walk off the field and not be considered to be on strike. Having coached football at the youth level of the game I can attest to how important it is to have qualified, trained and competent officials on the field. One blown call can win or lose a game. That same blown call can cause injuries. Combine that with the speed at which the NFL game goes and you have a recipe for disaster with scab officials in place. It is not about wins and losses. This is all about player safety and the players have every right to walk off of the field if scab officials are calling the game.

While it will pain me to do this, I am standing in solidarity with the NFLRA and I will not watch my beloved Packers play until this labor dispute is resolved.

Tell Commissioner Roger Goodell and the NFL's owners to end the use of scabs and bring back the league's experienced officials.

Originally posted to Daily Kos Labor on Wed Sep 05, 2012 at 02:00 PM PDT.

Also republished by The Wide World of Sports.

Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags


More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

  •  Tip Jar (9+ / 0-)

    "Republicans only care about the rich" - My late Father (-8.25, -7.85)

    by Mark E Andersen on Wed Sep 05, 2012 at 02:00:07 PM PDT

  •  I suppose that theoretically they could (0+ / 0-)

    but it is inconceivable they would. Not is a $million years.

  •  No NFL players are going to miss games (1+ / 0-)
    Recommended by:

    They would certainly lose 1/16 of their pay. NFL players aren't paid 26 times a year like most people. They are paid 1/16 of their salaries each game day.  It's also likely that the clubs would take the view that any player who refused to pay was violating his contract and the players' labor agreement.

    "let's talk about that"

    by VClib on Wed Sep 05, 2012 at 02:07:53 PM PDT

    •  Is that 1/16th... (1+ / 0-)
      Recommended by:

      ...of a paycheck worth a career ending injury caused by piss poor officiating?

      "Republicans only care about the rich" - My late Father (-8.25, -7.85)

      by Mark E Andersen on Wed Sep 05, 2012 at 02:25:45 PM PDT

      [ Parent ]

    •  Some players might miss out incentive pay... (2+ / 0-)
      Recommended by:
      Mark E Andersen, ColoTim

      ...due to incompetent officiating. Some older players have incentive-laden contracts so that teams can stay under the cut by balancing relatively low base pay with agreed upon bonuses for reaching certain statistic thresholds: catches, passes defended, sacks, etc.

      A few missed calls can mean many tens of thousands of dollars in lost income for these players. Reviewing the tape and pointing out missed calls after the fact does no good for the player or the player's agent. The official call is what counts.

      When you are right you cannot be too radical; when you are wrong, you cannot be too conservative. --Martin Luther King Jr.

      by Egalitare on Wed Sep 05, 2012 at 02:31:20 PM PDT

      [ Parent ]

  •  Republished to DKos Wide World of Sports (1+ / 0-)
    Recommended by:
    Mark E Andersen

    Get the experienced officials back out onto the field, NFL. You owe it to the players, the fans, and the officials, and the future of the game. We don't need to risk blown calls, unfair outcomes, and players opting to implement their own on-field system of justice with the resultant fines and injuries.

    More than any other time in history, mankind faces a crossroads. One path leads to despair and utter hopelessness. The other, to total extinction. Let us pray we have the wisdom to choose correctly. -- Woody Allen

    by cassandracarolina on Wed Sep 05, 2012 at 02:09:49 PM PDT

  •  I get really peeved about the cabal of owners... (2+ / 0-)
    Recommended by:
    Mark E Andersen, BleacherBum153

    ...who are squeezing not just the refs, but all of the "manual labor" in the highest revenue generating pro sport that has been GUARANTEEING every owner a profit for DECADES!

    My pet peeve for decades has been the miserly amount they pay to the dance teams they call "cheerleaders." I know most of the dancers see the position as an "audition tape" for future jobs, but there's enough revenue generated by the League so that each of those young women ought to get significantly more than they do.

    When you are right you cannot be too radical; when you are wrong, you cannot be too conservative. --Martin Luther King Jr.

    by Egalitare on Wed Sep 05, 2012 at 02:17:37 PM PDT

  •  They could strike, but..... (1+ / 0-)
    Recommended by:

    The contract prohibits strikes or lockouts.  That is clear.

    The Norris-LaGuardia Act, however, prohibits courts from issuing such injunctions.

    The Supreme Court has held in Boys Market v. Retail Clerks, however, that Section 301(a) of the Labor Management Relations Act will allow such an injunction in aid of arbitration.  Thus, a court can issue an injunction if a) there is a no-strike clause in the contract, b) the union is striking due to the employer's violation of the contract, c) the contract contains an arbitration clause, and d) the various principles in support of injunctive relief are met.  The Court's rationale is that an injunction may be necessary to effectuate the arbitration process the parties have agreed upon.

    This is different, because any strike would not be due to a contract violation.  Rather, it is a sympathy strike not covered by any arbitration procedure.

    Even if it was allowed, the NFL could still sue the NFLPA for the massive damages they would suffer under the violation of the no strike clause.

    A strike is not going to happen.

    If missiles were falling where my two daughters sleep, I would do everything in order to stop that. -- President Barack Obama

    by JPhurst on Wed Sep 05, 2012 at 03:19:42 PM PDT

  •  Hear Hear! (1+ / 0-)
    Recommended by:
    Mark E Andersen

    While I would be very surprised if the players conducted such an action (especially after yesterday's teams did not) and since the NFLPA rarely shows such unity and solidarity (and that is not to make the claim some of my Union sisters and brothers do, that sports Unions are false Unions), I am with you and your pledge. I will not watch my beloved Bills until this dispute is resolved.

    "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara

    by Remember Ludlow 1914 on Thu Sep 06, 2012 at 03:51:38 AM PDT

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site