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Recertification delay is a red herring


F.Chowds

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got a little fired up during the first segment of PFT Live while reading Rosenthal’s write up of the latest wrinkle in the CBA talks. But for good reason. (At least I think it was a good reason.)

The notion that it will take two weeks to recertify the NFLPA* is ridiculous to the point of offensive, or offensive to the point of ridiculous. Or both. It’s 2011, not 1924. The U.S. mail is as outdated as the Pony Express.

This potential issue was flagged for me by a source with knowledge of the talks several weeks ago. NFLPA* lawyer Jeffrey Kessler (a/k/a the guy who wants to be the next Marvin Miller) was whining during one of the sessions about the time it will take to put the union back together again. The NFL’s lawyers did Kessler’s work for him, laying out in detail the steps required to get the recertification accomplished quickly, via electronic means.

As I said during my rant (or words to this effect), it’s time for Kessler to sit down and shut up. If he wants to wreck a sport in pursuit of the glorification of his massive ego, wreck a sport no one cares about, like basketball. Whether he’s hoping to blow up the talks so that he can continue to pursue the litigation option or whether he simply wants one last pelt that he can wave around while doing his victory lap, it’s time for someone (and Gene Upshaw would have done it by now) to tell Kessler to zip it.

The twelfth hour is here. The big bells are ringing. It’s time for the players to vote on the deal that the man they hired to negotiate has negotiated.

And if Kessler is cajoling the Executive Committee and/or the player reps of a supposed trade association to get in the way, why not send the thing out to a vote of all players? With or without the approval of the men whose approval shouldn’t matter, more than half of the players will accept the recommendation of the one man they’ve hired to make this very recommendation.

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At the top of the hour on ESPN, Sal Paolantonio reiterated what we’ve been saying for weeks: “We keep hearing from a lot of owners here that . . . Jeffrey Kessler is holding up this deal.”

Kessler apparently is holding up the deal in one way by ignoring all modern means of communication to insist on sending out union cards in the mail for players to sign and return.

There’s another Kessler tactic that continues to find willing soil. As Chris Mortensen of ESPN mentioned moments after Paolantonio’s report from Atlanta, some of the players meeting in Washington are reluctant to reformulate the union.

To borrow a quote from Stanley Hudson, “Have you lost your damn mind? Because I’ll help you find it.”

This deal won’t work — it can’t work — without the union being reconstituted. Without the protection against antitrust litigation that a multiemployer bargaining unit provides, the NFL will be immune to antitrust attack from future players.

With the rookie wage scale sucking away roughly half of what Cam Newton made in comparison to Sam Bradford’s rookie contract, Andrew Luck would be able to sue the league, claiming that the draft is an antitrust violation. And the league would have to defend the case on the merits, because there would be no antitrust exemption in the absence of a union.

In 1993, the lawyers (cough . . . Kessler . . . cough) failed to insert clear language into the Reggie White settlement agreement that would have allowed the union to decertify and file an antitrust suit the day that the deal expires. As a result, it gave the league an opening to argue that the decertification was a sham.

So the fix is simple. This time around, include language that better preserves the union’s ability to shut down and file suit if/when the owners back the players into a corner 10 years from now, or later.

To make it work, the league needs to be willing to include such language in the settlement. And if the league isn’t, then that’s the kind of information Kessler should be leaking to the likes of Ron Borges.

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Ron Borges - currently with the Boston Herald, is the biggest dirt-bag, negative, stick it to the man, angry piece of manure I have ever had the displeasure of reading. He's a menace. If any of you are on Twitter I highlty recommend following him. His bickering and condecending salvos to his peers are unbelievable. He makes Dan Shaughnessy almost bearable....almost.

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Ron Borges - currently with the Boston Herald, is the biggest dirt-bag, negative, stick it to the man, angry piece of manure I have ever had the displeasure of reading. He's a menace. If any of you are on Twitter I highlty recommend following him. His bickering and condecending salvos to his peers are unbelievable. He makes Dan Shaughnessy almost bearable....almost.

Ron Borges must have said something remotely negative about Bill Belichick for Garb to be this worked up. Tell us what it was Terry. Did he make fun of the ratty cut off sweatshirt that makes BB look like the worthless cheating bum he is?

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Once the owners say yes, this is a done deal. The players will not walk from the $$$$.

Dont know about that D.Smith 5 min ago in a press conference says there are issues left to resolve & emphasizes decertification process was a long one, because it was a big decision. Says recertification process is extremely important. In other words they are going to drag there feet to make the owners pay for saying the original desertification was a sham or just a tactic and he is going to rub there noses in it now becase they have power/leverage .

little prick

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Ron Borges must have said something remotely negative about Bill Belichick for Garb to be this worked up. Tell us what it was Terry. Did he make fun of the ratty cut off sweatshirt that makes BB look like the worthless cheating bum he is?

He hates BB, but that would be the least of it. This man hates everybody. He was fired from the Globe. Was universally known as a great boxing writer until he punched a wheel-chair bound elderly man in the face at a boxing match, he picks fights with every reporter he comes in touch with, hasn't met a player he does not like unless he's a good guy and is very good friends with Al Davis.

...and that's just the tip of the iceberg.

BTW, I did not realize what a slave to fashion you were. I speak on behalf of everyone here at Jetnation when I say we are looking forward to your fashion spread in the Fall Fashion Preview Edition of GQ. Zippy does Gucci.

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He hates BB, but that would be the least of it. This man hates everybody. He was fired from the Globe. Was universally known as a great boxing writer until he punched a wheel-chair bound elderly man in the face at a boxing match, he picks fights with every reporter he comes in touch with, hasn't met a player he does not like unless he's a good guy and is very good friends with Al Davis.

...and that's just the tip of the iceberg.

*clicks follow*

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He hates BB, but that would be the least of it. This man hates everybody. He was fired from the Globe. Was universally known as a great boxing writer until he punched a wheel-chair bound elderly man in the face at a boxing match, he picks fights with every reporter he comes in touch with, hasn't met a player he does not like unless he's a good guy and is very good friends with Al Davis.

...and that's just the tip of the iceberg.

I know that he was the only writer on the planet that picked Holyfield to beat Tyson in their first fight.

Hope he cleaned up on that like I cleaned up on the Roy Jones-James Toney fight.

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I know that he was the only writer on the planet that picked Holyfield to beat Tyson in their first fight.

Hope he cleaned up on that like I cleaned up on the Roy Jones-James Toney fight.

He also said the Patriots were complete idiots and would suck forever because they drafted Richard Seymour instead of David Terrell.

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Guest Jpf4671

Fatsessa is saying this deal is in big trouble, and basically calling D Smith an idiot in the process. I hope he's as wrong as he usually is

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Fatsessa is saying this deal is in big trouble, and basically calling D Smith an idiot in the process. I hope he's as wrong as he usually is

Not to jump on the fat mans back...but you had to know something was up. There was really zero indication that they were ever close other than dickhead Schefter saying "the deal is close"

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Not to jump on the fat mans back...but you had to know something was up. There was really zero indication that they were ever close other than dickhead Schefter saying "the deal is close"

I disagree. They actually are close. If you read Dee Smith's words from his PC without any commentary all he's basically doing is saying that recertification is a process that most likely won't happen overnight. It's gonna take a couple of days to brief all 1900 players, give them a minute to think about it and vote.

I would expect the NFL to be open for business by 9 a.m. Monday with free agency starting next Thursday.

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I disagree. They actually are close. If you read Dee Smith's words from his PC without any commentary all he's basically doing is saying that recertification is a process that most likely won't happen overnight. It's gonna take a couple of days to brief all 1900 players, give them a minute to think about it and vote.

I would expect the NFL to be open for business by 9 a.m. Monday with free agency starting next Thursday.

The more time they say it takes is more time for the sides to get further and further away. sh*t or get off the pot.

This needs to resolved within the next 24 hours for there to be a proper season. We're inching close to disaster.

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The more time they say it takes is more time for the sides to get further and further away. sh*t or get off the pot.

This needs to resolved within the next 24 hours for there to be a proper season. We're inching close to disaster.

Lighten up Francis.

Friday to Monday ain't gonna make a damn bit of difference.

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Lighten up Francis.

Friday to Monday ain't gonna make a damn bit of difference.

Makes a world of difference. Once you let a deal slip through the cracks on a Friday it makes it that much more difficult on Monday.

Not trying to be a downer- but the perception im getting is that is going to get uglier before it gets better....if it were as close as people were saying it would have been done days ago. You cant be "this close" for weeks. In reality- they've never been close. Hopefully cooler heads prevail.

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Makes a world of difference. Once you let a deal slip through the cracks on a Friday it makes it that much more difficult on Monday.

Not trying to be a downer- but the perception im getting is that is going to get uglier before it gets better....if it were as close as people were saying it would have been done days ago. You cant be "this close" for weeks. In reality- they've never been close.

There's no deal slipping through anything.

The owners are voting as we speak, the player reps have conditionally approved it. Recertification is a formality. Stop being a meathead.

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There's no deal slipping through anything.

The owners are voting as we speak, the player reps have conditionally approved it. Recertification is a formality. Stop being a meathead.

The owners are voting yes...that isnt news.

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Atlanta Falcons owner Arthur Blank told NFL Network that he is optimistic his fellow owners, who are meeting in Atlanta, will approve a new collective bargaining agreement with the players Thursday.

"I'm optimistic that we'll get a call for a vote today, and I'm optimistic that the ownership will approve a deal today," Blank said just before the owners began meeting at 10 a.m. ET, when they began reviewing the potential deal and how it would work. "Whether or not the players will have approved it before we vote, I'm not sure."

Indeed a sense of urgency permeates Thursday's meeting as most owners are expected to depart for Boston at the end of the day to attend the Friday funeral of Myra Kraft, wife of New England Patriots owner Robert Kraft, who passed away Wednesday after a long battle with cancer.

While Blank said the owners would be voting Thursday, NFL Players Association executive director DeMaurice Smith implied not to expect as much from the players, going as far as to suggest that recertifying the players union -- a necessary step towards an agreement -- was not imminent.

"Here in America, every time an employee makes that decision about whether he wants to be a part of a union, it's something that is serious, significant and should be done in a very sober way," Smith said.

Smith said recertification of the union is a serious issue that the players will think about individually.

"I certainly remember comments from some of the owners about how we may not even be a real union," Smith said. "Well, guess what? The decision to decertify was important because at the time we were a real union. And the decision for our players, as men, to come back as a union is going to be an equally serious and sober one that they have to make."

NFL Network insider Michael Lombardi reported that Smith called all player reps Thursday to tell them to be ready for a conference call at 8 p.m. ET. The call could be simply to provide an update on Thursday's progress or to initiate a vote on the proposed deal.

Indianapolis Colts owner Jim Irsay told The Associated Press that there was some discord among owners Thursday morning during more than three hours of discussions about the proposed settlement at a hotel near Atlanta's airport.

"The morning gets a little ruined by not getting all the things you hoped to get when you hear the whole thing," Irsay said."

NFL lead negotiator Jeff Pash said Wednesday that he expected the league and its players to soon reach a deal that would end the four-month-old lockout.

"It's obviously a complicated agreement, but I think both sides are at the point where they can close, they should close, and we should be in a position to take votes," Pash said.

The 32 player representatives did vote Wednesday at NFLPA headquarters in Washington, D.C., but it wasn't the type of vote that was expected. Instead of simply approving the draft that lawyers and staff had been working on for the last month, the reps conditionally passed it to the Brady plaintiffs, sources told NFL Network reporter Albert Breer.

In other words, the proposal will go to the 10 plaintiffs involved in the Brady antitrust case only if the league meets certain conditions in settling that piece of litigation, and also the TV rights fees case, in which players accused owners of setting up a $4 billion lockout-insurance fund.

The players also empowered NFLPA executive director DeMaurice Smith, their legal counsel and the 13-man executive committee to work out the remaining issues, according to sources. One is the players' pursuit of $320 million in benefits lost as part of the 2010 uncapped-year rules, which were negotiated in the 2006 labor deal.

Smith and NFL Commissioner Roger Goodell have stayed in close and regular contact throughout these negotiations and have maintained close conversations even at times when the parties weren't meeting.

Throughout this week, for instance, numerous sources told NFL Network insider Jason La Canfora that Smith and Goodell have held after-hours discussions of the remaining issues at night, or in the morning, trying to bridge the remaining gaps and forge a global settlement.

The good news is, outside of a few minor issues, the players were amenable to terms that would serve as a new labor deal, should the NFLPA re-certify as a union. The Brady plantiffs -- which include quarterbacks Tom Brady, Peyton Manning and Drew Brees -- also would have to sign off for any settlement to be reached.

New England Patriots guard Logan Mankins and San Diego Chargers wide receiver Vincent Jackson, two of the 10 plaintiffs, are holding strong to their request for $10 million as part of the antitrust settlement, sources told Breer on Thursday. That's one of a number of issues that relate to the plaintiffs in that case.

The NFLPA executive committee will not recommend that player reps vote on any deal until both lawsuits are resolved, multiple sources told La Canfora, and it's unknown when that will be.

"I think that's the healthy outcome," Pash said, "to have a complete, comprehensive, global agreement that settles all the disputes and puts us on a path where we are going forward together as business partners, the way it should be, rather than going forward with one hand and fighting over something that should be in the past."

Pash said he wasn't worried about the players' decision Wednesday.

"It doesn't impact it at all," Pash said. "We're going to continue to work with the players. We'll find out if there are issues that still need to be negotiated, and we're going to work cooperatively with them through the evening and try to have something in place that both sides can vote on (Thursday) morning."

Members of the NFL's labor committee will discuss any concerns and go over any questions with lawyers and members of the NFLPA, if needed. And a future vote by player reps could be taken via conference call or other means.

"I can't speak for what was going on in their caucus, but it's a long, complicated agreement, and there are a lot of issues," Pash said. "We're talking about entering into an agreement that would last for quite a few years, hopefully bring a lot of stability to our relationship for many years to come, and understandably, that is something that people want to take their time and think through."

Before Wednesday's meeting, NFLPA president Kevin Mawae cautioned not to assume the lockout will be over by the weekend, saying his group was "not tied" to a deadline for having a deal done by Thursday.

"We want to go back to work, but we will not agree to a deal unless it's the best deal for the players," Mawae said.

"Our goal today is to see what is on the table and discuss outlying issues," he added. "The players are not tied to a July 21 timeline. Our timeline is that which gives us the best deal for the players -- today, tomorrow or whatever it might be."

If the lockout is going to end in time to keep the preseason completely intact, the parties almost certainly must ratify the deal by Thursday. The St. Louis Rams and Chicago Bears are scheduled to open the preseason Aug. 7 in the Hall of Fame Game in Canton, Ohio -- leaving the league and players a timeline that Pash called "tight."

"It would be pretty challenging," Pash said when asked if the game will be played. "That's one of the things we'll have to focus on."

Kraft, who is on the labor committee, wasn't there for Wednesday's meeting due to his wife's passing. Kraft's son, Patriots president Jonathan Kraft, is representing the team at Thursday's meetings. Jonathan Kraft will return home Friday for his mother's funeral service, according to the team.

If owners do vote Thursday, at least 24 would need to OK the deal. If it's also passed by the players, team executives would be schooled later that day and Friday in Atlanta in the guidelines and how to apply them. Topics would include the 2011 NFL calendar, rookie salary system and new free-agency rules.

Several coaches and general managers have said they hope players can report to team facilities immediately to take physicals and get re-acquainted. Training camps would start as soon as next week if a deal is ratified, and teams would like a few days to iron out those details before taking the field.

A frenzy of player activity, maybe unprecedented, also is in store. Teams should learn soon how quickly they can sign draft picks, negotiate with their own free agents, sign undrafted rookies, make trades, cut players and sign free agents.

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I'm not sure what that will accomplish, haven't we all but confirmed he doesn't understand how e-mail even works?

They need actual signatures. Can't get that through e-mail, and couldn't get them in advance without losing the "sham dissolution" argument

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They need actual signatures. Can't get that through e-mail, and couldn't get them in advance without losing the "sham dissolution" argument

I know that's the story they're giving, but I'm sorry, I don't buy that for a second. Electronic signatures have been a completely acceptable means of authorization for years now, and I see no reason why this would be any different.

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