Where Will The CBA Stand After The Courts Rule?

[DallasEast]

When the NFL and NFLPA* originally extended the collective bargaining agreement in 2006, the extension was effective through the end of the 2012 League Year (which I believe would last until the April 2013 Draft). The owners exercised their option to opt out of the CBA as written in Article VIII, section 3(a) (refer to post #2) on May 20, 2008. This meant that the CBA would continue until the end of the draft following the 2010 League Year (re: section 3(a) again).

However, Article LVIII, section 3(c), stipulates that if any part of the CBA is enjoined by the courts, etc., etc., that part would be voided and the remainder of the CBA would remain in full effect. Article IV dealt with lockouts. The owners imposed a lockout, but only after the NFLPA* decertified. The courts have now enjoined that lockout.

Question #1

If the courts eventually carry this to its most likely conclusion in favor of the trade association following the appeals process, does this mean that the CBA will extend to the April 2013 draft or will it be legally over after this weekend?

Anyone, please weigh into this as well. Article LVIII, section 3(c) also states that if the the draft, veteran free agency, salary cap/extras, etc., are rendered invalid, null and void, or unenforceable, the NFL or NFLPA have the right to terminate the CBA regardless of court action. Perhaps I am reading that section wrong .. :confused:

Question #2

Is the CBA agreed upon in 2006, over as soon as the courts make their final rulings IF the owners simply state that another provision is invalid, like the Final League Year (2012); or are the courts the only party which can decide that another provision is unenforceable, etc.?

All this was posted in hopes of gauging what the owners and NFLPA* will eventually be negotiating--once both finally sit down for negotiations which neither party will try exiting from. Will it be an extension of the 'current' CBA OR will it be the creation of a brand new collective bargaining agreement effective after both parties sign it?

[DallasEast]

Article IV
No Strike/Lockout/Suit

Section 1. No Strike/Lockout: Except as otherwise provided in Article V (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 by the Management Council that the NFLPA has violated this Section 1 will not be subject to the grievance procedure or the arbitration provisions of this Agreement and the Management Council will have the right to submit such claim directly to the courts.


Article LVIII
Duration Of Agreement

Section 1. [No longer applicable]

Section 2. Effective Date/Expiration Date: Except as provided in Section 3 below, this Agreement shall be effective from March 8, 2006 until the last day of the 2012 League Year, except for the provisions relating to the Draft, Article CVI (College Draft), which shall expire in the League Year immediately following the expiration or termination of this Agreement.

Section 3. Termination Prior to Expiration Date:


(a) Either the NFLPA or the Management Council may terminate both of the final two Capped Years (2010 and 2011) by giving written notice to the other on or before November 8, 2008. In that event, the 2010 League Year would be the Final League Year, and the Agreement would continue in full force and effect until the last day of that League Year, except for the provisions related to the Draft, which would expire as prescribed in Article XVI, Section 1.(b) Either the NFLPA or the Management Council may terminate the final Capped Year of this Agreement (2011) by giving written notice to the other on or before November 8, 2009. In that event, the 2011 League Year would be the Final League Year, and the Agreement would continue in full force and effect until the last day of that League Year, except for the provisions related to the Draft, which would expire as prescribed in Article XVI, Section 1.(c) Provision Invalidated: If at any time after Court Approval during the term of this Agreement, any provision of this Agreement is enjoined, declared null and void, rendered unenforceable or otherwise invalidated by a court of competent jurisdiction, and such court's order having become final and all appeals through the Court of Appeals having been exhausted, the provision in question shall be severed from the Agreement, and the remainder of the Agreement shall remain in full force and effect. Nothwithstanding anything in this Subsection (c), either the NFL or the NFLPA shall have the right to terminate this Agreement if one or more of the following provisions is rendered invalid, null and void, or unenforceable: Articles XVI (College Draft), XIX (Veteran Free Agency), XXIV (Guaranteed League-wide Salary, Salary Cap & Minimum Team Salary), LVI (Final League Year), XXVIII (Anti-Collusion), and LVII (Mutual Reservation of Rights; Labor Exemption). If either the NFL or the NFLPA wished to exercise its option to terminate, it may do so by serving upon the other parties written notice of termination within thirty days of the date of such determination and any appeals relating thereto.

[jimnabby]

When the NFL and NFLPA* originally extended the collective bargaining agreement in 2006, the extension was effective through the end of the 2012 League Year (which I believe would last until the April 2013 Draft).
"I.1(g): "League Year" means the period from March 1 of one year through and including the last day of February of the following year, ..."

I believe (from other things I've read) that there are provisions that cover the draft following expiration of the CBA, but the CBA has in fact expired. Which, I believe, means that that section (c) you're citing, "If at any time ... during the term of this agreement" doesn't apply. But I'm not a lawyer.

[DallasEast]

"I.1(g): "League Year" means the period from March 1 of one year through and including the last day of February of the following year, ..."

I believe (from other things I've read) that there are provisions that cover the draft following expiration of the CBA, but the CBA has in fact expired. Which, I believe, means that that section (c) you're citing, "If at any time ... during the term of this agreement" doesn't apply. But I'm not a lawyer.
That is my thought as well. I'm just trying to put to bed the lingering forum assumption that the 2006 CBA still exists or not.