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NFL News: Judge Doty's Ruling Good for NFLPA but Lockout Still Seems Imminent

Rich KurtzmanMar 2, 2011

Urgency—everyone in the NFL knows the feeling and what it entails.

For players and coaches, the two-minute drill is the epitome of urgency.

For owners, most feel the pressure to win a Super Bowl as soon as possible.

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And now the NFL big wigs—Commissioner Roger Goodell and the owners—are feeling the urgency of a lockout looming like it is.

The NFL's current Collective Bargaining Agreement ends this Thursday at midnight, it could mean the end of football for the foreseeable future.

"I don't think you could have a greater sense of urgency,'' NFL general counsel and lead negotiator Jeff Pash said on Tuesday as the two sides took a four-day break, after a week of negotiating (a special thanks goes out to SI's Don Banks and Jim Trotter for their piece on these developments).

Pash continued:

“We all know what the calendar is and we all know what's at stake for everybody. That's why we're here. We're going to work as long as it takes and as hard as it takes to get something done.''

As the NFL and NFLPA continued to confer and attempt to cut a deal, a major ruling in favor of the players was handed down by Federal Judge David Doty. Doty ruled that the NFL would not be able to access the $4 billion coming from TV contracts in 2011, and that they violated the CBA by basically forcing the networks to guarantee the NFL would get paid in the case of a lockout.

What it means is that the NFL possibly and presumably planned for the lockout in 2009 when they signed the most recent TV contracts, knowing they could fall back on the $4 billion from DirecTV, ESPN, CBS, NBC and FOX in 2011 and force players to fold to the owners' will.

With the TV money in their back pocket, it was as if owners were playing chicken with the players, only the owners were driving in a hummer, the players in a Mini Cooper.

But this ruling evens the playing fieldit brings the owners down to the players' level because now everyone will lose vast amounts of money if football isn't played in the fall for the first time in nearly 25 years.

As it currently stands, the owners take a $1 billion piece of the $10 billion NFL revenue pie and split it amongst themselves, then the 32 teams and 1,500 players divide the rest of the revenue. Owners argue that they're losing money and want to take a $2 billion piece of the pie of the top before sharing—players are saying no way.

Of course, there are other demands by the owners including: A lengthened 18-game schedule, a rookie wage scale (that would limit the amount of guaranteed money going to rookies) and recouping guaranteed bonuses from players that breach their contract.

And in all of those demands, one common theme rings true—money is king.

During a time of economic uncertainty, when millions are unemployed across the country and thousands of fanatics cannot afford to shell out outrageous amounts of money to attend games in person, it's sad to think those poor fans will be without their biggest distraction from the wild world in football.

But for fans, who are seemingly helpless in this whole process, the tide may have turned in their favor due to Doty's ruling—owners planned on having that $4 billion this year in the case that no games were played, now they won't have that money and may lose more in damages they have to pay to players.

Essentially, the NFL and its owners would have lost money this year with a lockout anyway (and would have had to pay the $4 billion back to the networks with interest in the case of a lockout in 2011), but now the amount they'll be losing is substantially larger, which may make them more likely to come to a compromise.

Money talks, and now the uncertainty of their money gives owners a sense of urgency only the players felt until now.

But, there's also evidence that some owners are ready for a lengthier lockout, able to easily stay afloat for a projected two years, partly due to a “strategic reserve” fund the NFL has set up for work stoppages.

So, while Doty's ruling means that the NFL violated the CBA with its most recent TV contract extensions, it doesn't necessarily mean the owners will now rush to get a deal done, at least until Doty decides whether or not the owners have to pay players damages as well.

If the damages are substantial enough, it would seemingly strengthen the NFLPA's position further.

While Doty's ruling could act as a major turning point in the negotiations, owners and players continued to meet Wednesday with not much more progress being made.

NFL insider Adam Schefter tweeted 36 hours to the deadline, “Football parlance: To have CBA deadline extended, sides would have to get to midfield. They're at the 5, and have been there two years.”

Those aren't the most encouraging words for fans of football.

And as the clock continues to tick backwards toward Thursday's midnight deadline, there are many possible outcomes in the dispute, they are as follows:

There's a deal: This seems unlikely, but maybe both sides just quit fighting and agree to a new deal.

There's an extension of the negotiating process: It's not as getting a new deal, but at least the two sides could continue negotiating.

It will only happen if there's a spirit that both sides are moving toward a deal and if the mediator recommends that both sides stop the clock and move the deadline back days, weeks or even months.

The NFLPA de-certifies: Basically, there would no longer be a player union and each individual player could then file antitrust lawsuits against the NFL.

It could block a lockout, but the NFL could also delay hearing the antitrust claims into the fall and hope the players lose solidarity and bend to the will of the owners.

There's a lockout: This is a worst-case scenario for football fans.

No business can be conducted in the NFL if there is a lockout, not between players and teams—meaning no workouts, no learning with coaches or with fellow players. While de-certification is the NFLPA's power move, a lockout is the NFL's.

There's an impasse: And impasse means that both sides have exhausted all options in the negotiating process.

The NFL could then force the players to take their last offer or strike or de-certify. This seems quite unlikely after weeks of discussions between both sides.

Or, none of those could happen, there's really no way to know for sure.

As of 5 pm ET, Schefter tweeted about what could happen tomorrow.

Being whispered: NFLPA files for decertification after tomorrow's mediation. CEC votes next day to lockout or close down. Then lawyers play.”

So, Doty's ruling against the NFL does help the NFLPA's position and even if it doesn't get the owners to deal more quickly, at least it's gotten both sides in the same room discussing a new CBA.

And once Doty rules again, it could further help the NFLPA get a new deal done or the NFL could hold steady and hope losses of game checks force players to fold.

The NFL is getting dirtier in offices during this process than their players do while rolling around on a muddy field.

When it all comes down to it, all everyone wants is to watch, participate and be entertained by the game we all love—NFL football.

So in the best interests of everyone, NFL and NFLPA, get a deal done now!

Rich Kurtzman is a freelance journalist actively seeking a career in journalism. Along with being the CSU Rams Examiner, Kurtzman is a Denver Nuggets, Denver Broncos and NBA Featured Columnist for bleacherreport.com, the Colorado/Utah Regional Correspondent for stadiumjourney.com and a weekly contributor to milehighhoops.com.

Rich also heads up PR for K-Biz and Beezy, a Colorado-based rap group.

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