DeMaurice Smith, Drew Brees, Labor Disputes, NFL, NFL Lockout, NFLPA, Peyton Manning, Sports, Tom Brady

It Ain’t What You Do It’s The Way That You Do It …….. That’s What It’s All About ….


It Ain’t What You Do It’s The Way That You Do It …….. That’s What It’s All About ….

Well it has come about and the NFL has now its first work stoppage in almost twenty five years. In not being able to reach an amicable agreement at the twelfth hour having twice extended the cba — ( collective bargaining agreement) for which its expiry date was midnight Thursday 10th March , on Friday at 5 pm NFL Commissioner Roger Goodell in agreement with the NFL owners issued a public statement saying that there would indeed be a labor stoppage. In effect the 2011-12 season now becomes null and void pending any foreseeable changes in the future.

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Slide show for your perusal .

Goodell’s counterpart NFLPA Executive Director DeMaurice Smith held his ground saying that unless the owners were prepared to accede to their wishes of opening up their books for further scrutiny then there could not be in clear conscience any reason to proceed with the deliberations and mediation that was being overseen by FMCS Director George Cohen . NFL Chief Legal Counsel Jeff Pash expressed his disappointment with the union’s position stating that the best place to conduct the proceedings is at the negotiation table and not the legal system. However for their part the NFL knew full well that all avenues would be sought by the union from the outset and that was the sole purpose of the union decertifying itself in order to take legal recourse against the NFL in the US Federal Court System challenging their antitrust status . With that process quite possibly taking some time before a trial date can be set three of the game’s most widely recognized players have lodged an injunction against the NFL seeking to stop the lockout now being instigated by the league.

Tom Brady , Peyton Manning and Drew Brees have filed a motion in the US Federal Court to overturn the NFL’s decision . But it remains to be seen whether or not they’ll be successful in their challenge pending a court decision by a Federal Court judge. . The two sides at this juncture remain so far apart that one cannot but question the fact that there was little else that one could have expected but for there to be some sort of inaction leading to the present situation. At the crux of it all was how much the NFLPA was willing to concede to the demands of the league without the NFL or owners actually giving that much up in return.

Many fans in and outside of the game have stated their wish to see some sort of settlement in place that would be of benefit to both sides while others simply wanted a lockout not realizing the harm that it would actually do within each of the markets where the NFL has a presence. Many have said it won’t actually do that much damage but bear this in mind a prolonged lockout not only harms the image of both the union and the NFL but it now creates widespread uncertainty and an economic collapse within NFL market place in terms of the local communities. For stadiums that are owned by the municipalities they now see another revenue source completely dry up and a further hindrance to their already tenuous existence in terms of the budgetary expenditure. Those communities with the economic impact of the NFL will lose in excess of $5-$7 billion . That sum doesn’t include direct revenues to the NFL itself but merely within the economic market place of those cities where the NFL is present. I’ve had one patron state that the NFL doesn’t add any presence to a community at large in terms of what it gives back . But the fact of the matter that statement comes from a person whose business acumen at best is probably marginal. With that now comes the fact that there are likely to be 100,000 jobs at risk through various sectors of the community , small by comparison when one thinks that labor force is of the nation is 145 million people and of which there are now approximately almost 14 million unemployed in the nation as a whole . Those jobs in question range from the parking attendants at the grounds to those within the hospitality , retail industry and numerous large and small business that rely on the NFL on game day in terms of business. But you’d be hard pressed to actually persuade an individual to believe that when their view of the situation is so myopic and in essence they merely don’t look at the overall big picture .

Stadiums that are municipally owned creat a deal of revenue for the cities in question during the regular NFL season with that comes a source of funds that in part can go towards improving services and the infrasttucture when spent prudently. The fact of the matter is given the dire straights of cities where the NFL has a presence any form of a financial hindrance in the present economic climate doesn’t help at all , in spite of claims being made to the contrary. One only has to look at the idiotic claims that were being made after the government bailout of the domestic automotive industry. Had both GM and Chrysler been allowed to fail the entire work force of both companies as well as another 2,500,000 jobs tied to the industry would have been at risk as well as the financial outlay that every taxpayer in the country would have to incur with the fact that both companies would then pass on their pension obligations to the Pension Benefit Guarantee Corporation which would have to pay the pension benefits of current and former employees of both companies after their failure. That agency (PBGC) is a government ran concern that insures the pension benefits of employees of public companies that have dissolved into bankruptcy.

Even though the NFL is a private enterprise it doesn’t negate the fact that this stoppage will have still have an adverse effect on the economy. And when one considers that a government agency was asked to intercede in this situation it only adds to a situation that was very serious to begin with . Both sides have been culpable and the fact that the intransigence shown each side has bordered on being ridiculous and infantile only adds to the fact that there was such a gigantic impasse between the two .

To my mind, the real issue from the beginning was the NFL’s unwillingness to deal squarely with their own culpability in not reining in their expenses. There were so reliant on their corporate patrons tie in with the major broadcast networks in terms of television rights that they simply forgot that there always tends to be an economic downturn and that one ought to plan ahead rather than simply spending well beyond one’s means. And now that they’ve found themselves in the midst of a crisis which they as such help create through their own greed and then simply allowing the union to wield an axe over their head they’ve now resorted to an act that’s not liable to win them any friends at all. The union for its part also has to accept a great deal of responsibility for this mess and not solely lay the blame at upon the NFL hierarchy. NFLPA President Kevin Mawae and Executive Committe member Charlie Batch have gone on record as saying that they’re quite prepared to return to the negotiating table so long as the NFL is prepared to work judiciously towards a proposal that is equitable for all sides in this process. Somehow I ask myself how the hell can they simply not work this out given the fact that at stake here beyond a $ 9 billion a year industry you also have the livelihoods of tens of thousands of people who are reliant upon the NFL for a living . Never mind the cities who now may well have to look at other means of making up for the loss revenues that the NFL places in their coffers each regular season game.

Added into this mix we now have the broadcast and radio networks who also provide coverage of the NFL and how they now go about making up for the losses that they’re now liable to incur. ABC/ESPN , Fox , NBC , CBS and the NFL’s own NFL Network are able to charge advertisers premium ad rates during televised games and with there now in all likelihood being no regular televised season there now sits an empty void within their respective television schedules . Without those revenues we may well see some sort of curtailment as to the content in terms of programming provided up to a point. This now becomes another one of the ramifications of this proposed work stoppage and the ensuing fallout from it all.

For the team owners such as Jerry Jones , Robert Kraft , Al Davis , Art Rooney II , Pat Bowlen and Woody Johnson it remains to be seen whether or not they have the presence of mind to rethink their present stance and relay that to Roger Goodell , rather than the intransigence that’s now being shown by the league and owners . It certainly begs the question was Roger Goodell simply outwitted by his union counterpart DeMaurice Smith or was he merely that naive to think that the league and owners as such, had the upper hand ? Somehow I get the feeling that Goodell’s predecessor Paul Tagliabue would certainly not have taken this stance even at the wish of the owners . And therein lies the difference between the two , as Goodell is beholding to the owners even if they are as such , his employer , that he’s simply forgotten that even with their input he too has to provide some semblance of common sense in the midst of the dissension taking place. Instead I get the impression that the NFL Commissioner is way in over his head ! I’ve said this one of my patrons concerning Roger Goodell and how he conducts himself in public as the executive face of the NFL . To my mind while he gives of the air of someone who appears to self assured , I can’t help but wonder whether or not he’s actually capable of pleading a case on its merits ! Certainly any counsel that he’s been provided with over the course of these deliberations has been nowhere near good enough and the PR battle that the league waged , was a losing effort in the way they tried to effectively communicate with the press and public at large.

At times watching Roger Goodell take the dais to give a speech with regard to the NFL is akin to watching a politician give you the latest updates as it relates to a particular piece of legislation up for a vote within the Congress. More often than not they tend to use far y too many words when just a few will just do nicely.

The image of both the NFL and NFLPA has now sank to an all time low and in the advent of this being the first stoppage that the game has had since 1987 I get the impression that the inevitability about this action would have happened no matter what the issues were from the outset. At no time during the start of this process when the league first chose to opt out of the collective bargaining agreement did I for one really feel that either side wanted to actually reach an amicable settlement. There was a war of words from the start and in terms of attrition , well neither side was really up to the task of working out their differences as it related to the issues. If that were the case then surely they would have met far more frequently over the ensuing months after last September when the league issued its statement that they would indeed opt out of the collective bargaining agreement that was due to expire on the 3rd March 2011 , but then was extended to its last deadline of the 10th March. From November until the federally appointed mediator intervened the two sides had only met formally twice and the informal meetings between the two sides were usually conducted between subordinates of both Roger Goodell and DeMaurice Smith. And in reality those informal meetings were never productive or actually offered any real insight as to what was really happening between the two sides. Need I really say that there was in effect a pissing contest going on between these two leaders ?

Now we’ll have the tv pundits offering their insights with their own so called sources of information letting us know what the real impasse between the two sides was really about. But let’s be really blunt here …………….. for the two sides it was always going to be about money and who indeed was going to get a bigger slice of that $ 9 billion piece of the pie ! That in effect was the be all and end all of this whole negotiation process and none of the other so called side issues that we were led to believe making up this whole negotiation process. An eighteen game schedule was a none starter and the talk about union benefits and increase for current and retired players was simply a ploy all along. If either side were really concerned about issues such as players’ benefits as it relates to retired players then I can categorically tell you this that both sides would’ve done their damndest to get a deal done long ago before the cba had expired. The league has never cared about the well being of its players and neither too for that matter has the NFLPA ! Smith’s own predecessor Gene Upshaw all but said it himself in words that can be attributed directly to him ………. “I’m not here for the older guys I’m here for the young guys who’ve put the game on the map ” . If that’s not a sad indictment of the NFLPA and what it stood for under Upshaw then someone tell me what is ?

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By clicking on an individual frame you can view that picture in its original
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Picture gallery for your perusal .

What thoughts if any do you have concerning the this NFL mandated stoppage and will it now affect the view that you have towards bot the NLFPA and the NFL ? Also do you believe that any legal action taken by the players singularly or the union will be successful within the legal system ? And will you as such miss not seeing NFL football for the 2011-12 season ? Simply offer up a comment as to your own thoughts on the matter .

Picture and slide show details below .
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(1) Roger Goodell, NFL commissioner, left, and Jerry Jones, owner of the Dallas Cowboys talk as they leave after negotiations with the NFL Players Association involving a federal mediator broke down without an agreement Friday, March 11, 2011 in Washington. AP Photo/Alex Brandon …….

(2) Former NFL player Don Davis departs after failing to reach an agreement in labor talks at the Federal Mediation and Conciliation Service building March 11, 2011 in Washington, DC. The NFLPA has filed for decertification and will no longer be the exclusive collective bargaining representative for the players. Players will now be able to file antitrust lawsuits against the NFL. Photo by Jonathan Ernst/Getty Images ………..

(3) NFL Players Association executive director DeMaurice Smith addresses reporters after the league and the NFL Players Association failed to reach an agreement in labor talks at the Federal Mediation and Conciliation Service building March 11, 2011 in Washington, DC. Representatives from the National Football League (NFL) and National Football League Players’ Association (NFLPA) continue to negotiate a labor dispute as a deadline looms at the end of a 7 day extension of talks. Photo by Jonathan Ernst/Getty Images ……

(4) WASHINGTON, DC – MARCH 11: Denver Broncos owner Pat Bowlen departs after failing to reach an agreement in labor talks at the Federal Mediation and Conciliation Service building March 11, 2011 in Washington, DC. The NFLPA has filed for decertification and will no longer be the exclusive collective bargaining representative for the players. Players will now be able to file antitrust lawsuits against the NFL. Photo by Jonathan Ernst/Getty Images …..

(5) Kansas City Chiefs owner Clark Hunt (R) departs after failing to reach an agreement in labor talks at the Federal Mediation and Conciliation Service building March 11, 2011 in Washington, DC. The NFLPA has filed for decertification and will no longer be the exclusive collective bargaining representative for the players. Players will now be able to file antitrust lawsuits against the NFL. Photo by Jonathan Ernst/Getty Images ……….

(6) WASHINGTON, DC – MARCH 11: NFL executive vice president Jeff Pash & Chief legal counsel addresses the media at a news conference outside the Federal Mediation and Conciliation Service building March 11, 2011 in Washington, DC. The NFLPA has filed for decertification and will no longer be the exclusive collective bargaining representative for the players. Players will now be able to file antitrust lawsuits against the NFL. Photo by Rob Carr/Getty Images ……….

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Alan aka tophatal …………………

http://tophatal.wordpress.com/

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Bananarama …………… feat’g ….. Fun Boy Three …….. “It Ain’t What You Do It’s The Way That You Do It”
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