The first major event since negotiations between NFL players and owners broke off last month ended Wednesday afternoon with U.S. District Judge Susan Richard Nelson telling both sides she will take “a couple of weeks” before she rules on the players’ request to return to work.
Nelson heard arguments from lawyers for the players and the owners for approximately five hours in a Minnesota courtroom on the players’ preliminary injunction to lift the lockout, and when it was all said and done, she said she was going to examine the information that had been presented to her and render a decision within a couple of weeks.
In the meantime, she did advise both sides to continue talking, with her possibly acting as a moderator.
“It seems to me both sides are at risk, and now is a good time to come back to the table,” Nelson said.
However, it now seems unlikely that the NFL’s first work stoppage will come to an end sooner rather than later. It appears that the owners will only bargain if the players are a certified union, something they haven’t been since they filed for decertification shortly after the talks broke off between the two sides last month. The owners also argued Wednesday that the court shouldn’t have jurisdiction while the National Labor Relations Board is considering an unfair labor charge filed by the owners that players didn’t negotiate in good faith.
And they don’t sound enthused about the idea of Nelson serving as a go-between.
“We don’t need a settlement of this lawsuit,” David Boies, an attorney for the league, told reporters after the proceedings finished Wednesday afternoon. “What we need is a collective bargaining agreement so that players can go on playing and the league can put on games. Until we have that, we’re not going to make any progress.”
Meanwhile, the players are happy to let the process play out in court.
“The Judge recommended settlement through mediation in Minnesota. The players are ready,” tweeted NFLPA spokesman George Atallah shortly after things ended on Wednesday.
The next step will be to await Nelson’s ruling. If she rules in favor of the players, the lockout would legally be lifted, and the two sides would be forced to return to work under the terms of the previous Collective Bargaining Agreement (until a new one is reached, presumably through a new round of negotiations). If Nelson sides with the owners — that is, she does not issue a temporary injunction — the lockout is expected to continue. If that happens, the two sides will be forced back to the bargaining table if they hope to find a solution.
When she reveals her decision, the winner would have leverage when it comes to the next round of the talks — whenever that may be. However, that ruling will almost certainly be appealed regardless of who wins. She could also defer a decision until after the NLRB rules on the matter or declare the need to schedule another hearing to consider the evidence in the case before she rules. If Nelson decides on deferring — whether a result of the NLRB or the need to consider the evidence — the 2011 regular season would almost certainly be in jeopardy, because both delays could take months.
Material from the Associated Press was used in this report.
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