NFL Lockout Stay Granted

Outlaw Heroes

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NinePointOh;3954307 said:
You brought up the "future generation" argument to demonstrate that the players only want more pie for as long as they're around. My point was that the exact same is true about the owners. The owners are around for longer, but the timetable argument is untenable as long as you use absolutist terms.

This is simply false, and has been addressed by an earlier post of mine. Because of the way that businesses are valued, the owners have a strong financial incentive to ensure the economic vibrancy of the league into perpetuity, regardless of whether they plan on exiting the business in the short-term. Players simply do not share a similar incentive. For whatever reason, you've chosen to ignore this.

Sounds like, at root, you simply want to stake out a claim that certain players have some interest in ensuring the continued financial well-being of the league after they retire. Sure. I can acknowledge that (though they certainly don't have the same interest in ensuring the league's economic viability into perpetuity). Adam seems prepared to acknowledge it as well. But it simply doesn't get you very far in this argument.
 

Outlaw Heroes

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theogt;3954497 said:
This is an incorrect statement. You may not be aware, but one of the principle cannons of statutory interpretation is to determine the intent. For this reason, Congress often includes this purpose or policy statements. In fact, the section we're referencing in Norris Laguardia begins with this statement:

The public policy was to protect employees, not employers. And Congress directed the courts to use this public policy when determining jurisdiction and authority based on Norris Laguardia.

Typically, as a matter of statutory interpretation, one turns to the purpose of the act only where there is an ambiguity that cannot be resolved by strict construction of the words. Where the words themselves are unambiguous, one need go no further.
 

CCBoy

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Outlaw Heroes;3954604 said:
Typically, as a matter of statutory interpretation, one turns to the purpose of the act only where there is an ambiguity that cannot be resolved by strict construction of the words. Where the words themselves are unambiguous, one need go no further.

Ah, perpetuity...forever and a day.:) :starspin
 

Hostile

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CCBoy;3954562 said:
FACT CHECK: The NFL is not suing anybody

http://nfllabor.com/2011/05/18/fact-check-the-nfl-is-not-suing-anybody/

NFLPA executive director DeMaurice Smith incorrectly stated four times in an 18-minute appearance on SiriusXM NFL Radio last night that the NFL has filed a lawsuit in connection with the current labor dispute.

Said Smith in the interview:

1.“This is the first league in the history of sports that has ever sued to not play their game.”
2.“When we reach a time or a moment in history where a professional sports league is suing to not play football, we are in a bad spot.”
3.“What do you think as a fan when you learn that the league that you write a check to, the teams that you have done nothing but cheer for years, are now suing to not play the game that we all love?”
4.“You are the first league in history to go to court to sue that people should not be able to enjoy the game that you put on.”
Smith’s comments echoed a similar statement he made last Friday on the Boomer & Carton show on WFAN radio in New York. “Can you think of a business in America that sues not to play,” Smith said.

FACT: The NFL did not file a lawsuit. The NFL is a defendant in a lawsuit financed by the NFLPA. What DID happen: On March 11, the NFL Players Association pushed away from the negotiating table and “disclaimed interest” in acting as a union. The players’ counsel then filed an antitrust lawsuit against the NFL, shifting the playing field from the boardroom to the courtroom.

FACT: It would be better for everybody if we drop the lawsuits and get back to the bargaining table....
These facts will get ignored in favor of "all of the above."
 

CCBoy

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Outlaw Heroes;3954636 said:

Lol...as I have to deal with one we took as a Son, with our own, losing his second family after four tours in Afghanistan.

And the neighbor around the corner from there, was a retired Viet Nam First Sergeant shot upon his front porch four times with one of his own rifles. Then his wife shot trying to protect his body, and their daughter shot trying to protect her Mom. The mother, Wanda, recovered from intensive care after six weeks. Their daughter, Tammie, recovered after two weeks and the bullet lodged just behind her heart removed. And Gene Meirs, he died there on his porch.

Oh, the perpetrator, shot himself and died on site before law enforcement made an arrest.

Amidst the lofty descriptions going on with an industry that went strongly through a National crisis, due to the love of fans...just a little reminder of the real world out there and where the real rubber is meeting the road, even today.
 

Outlaw Heroes

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CCBoy;3954651 said:
Lol...as I have to deal with one we took as a Son, with our own, losing his second family after four tours in Afghanistan.

And the neighbor around the corner from there, was a retired Viet Nam First Sergeant shot upon his front porch four times with one of his own rifles. Then his wife shot trying to protect his body, and their daughter shot trying to protect her Mom. The mother, Wanda, recovered from intensive care after six weeks. Their daughter, Tammie, recovered after two weeks and the bullet lodged just behind her heart removed. And Gene Meirs, he died there on his porch.

Oh, the perpetrator, shot himself and died on site before law enforcement made an arrest.

Amidst the lofty descriptions going on with an industry that went strongly through a National crisis, due to the love of fans...just a little reminder of the real world out there and where the real rubber is meeting the road, even today.

Sorry to hear about the tragedy surrounding you. Good to know you can still keep your spirits up and join me in a laugh.
 

CCBoy

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Outlaw Heroes;3954658 said:
Sorry to hear about the tragedy surrounding you. Good to know you can still keep your spirits up and join me in a laugh.

Thank you, my friend...and your keeness of sight has already warmed my heart well before your comment to myself. A smile is returned....:)
 

NinePointOh

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AdamJT13;3954536 said:
"Truly" means "absolutely," "completely" and "to the fullest degree." The players' concern for the league's long-term growth doesn't rise anywhere close to that level.

Then you're talking in relative terms instead of the absolutist terms you started with.

In the scenario I presented, after the demise of the NFL, the NFLPA would start a new league, with no competition and all of the world's best players. There are millions of pro football fans who spend billions of dollars per year on the game, fans who know and love those same players. A multi-billion-dollar market with no competition hardly seems full of barriers to entry, especially when the profitability of teams is of no concern. The new league would already have stadiums around the country in which to play, so what are the prohibitive startup costs? I don't see the demise of the NFL and the rise of a new league putting a significant dent in football fans' desire to watch the best football in the world and their willingness to spend money on it.
I understand that that's your hypothetical scenario. I'm saying your scenario is completely impossible, so it couldn't possibly affect the players' judgment. If unicorns and leprechauns carried the owners away to a far off city made of gold and rubies, they'd be just fine too -- but I'm not going to use that as evidence that the owners don't care about the league.

And for the record, no, the fans' desire to watch the best football in the world wouldn't automatically duplicate the NFL's profitability. Notre Dame football has been mediocre at best for over a decade, yet they're still perhaps the most valuable and profitable college program in the country. If you stripped away their brand loyalty and fielded a team with completely identical talent, stadium, and infrastructure, do you really think they'd have as much money to pay their employees? Likewise, the Cowboys are more valuable and profitable than lots of teams who have played better football over the last 15 years. If you took away their brand loyalty, would that still be the case? How about if you took away the brand loyalty of the NFL itself and all 32 teams at the same time?

I'm not sure what you mean by "timetable argument."
The (absolutist) assertion that the owners care about the long-term success of the NFL, and the players don't, because the owners stay around for a longer period of time.

Sorry, I can't do that, so you'll just have to speculate.
Why would I have to? You asked for an example of the owners doing it at all, and I said "anything they're taking as personal income and not investing." You're the one trying to argue that the amount is too small to matter, which is pure speculation.

A 25 percent reduction in your gain is substantial harm.
I agree. Failing to maximize gain is harm. If you think the degree is only as substantial as eating a burger a week, then that's speculation on your part.

Nothing, which is why I said I'd be surprised if there were a lot of owners who took any personal income from their own teams or any who took incomes that were significant enough to cause harm to long-term growth. They already own the teams, and the teams are their means of making more money (along with other business interests, for many of them). You generally don't take money *out* of your investments to make more money, you put more money *into* your investments to make more money. Unless, of course, they're bad investments, in which case you try to sell them.
So you're really under the impression that people who own companies don't have salaries?

Because there are so few who have long-term interests (say 15-20 years again), and even those few players' long-term interests are outweighed by their short-term interests. They vote in the best interest of the majority, and the majority of them know that their NFL career is likely to be short and that they need to maximize their short-term benefits.
The NFLPA isn't a direct democracy -- they don't vote on specific trade-offs. They choose representatives and (indirectly) an executive director, who have an incentive to look out for both current and future players if they have any ambition to keep their positions for very long. Later, they vote to ratify the CBA although most probably don't bother to trudge through the legalese and just trust whatever the representatives agreed to.


Just look at the comments from the NFLPA's spokesman, George Atallah, about the NFL wanting mandatory five-year contracts for first-round picks and four-year contracts for all other draft picks -- "The average player plays 3½ years. So you make free agency five years, and how many people get to free agency? Almost nobody."

Given that this proposal wouldn't affect the total amount of money that goes to players, it would merely affect how much goes to which players -- essentially delaying some players' big payday for one year and leaving more money for the players who reached that fifth/sixth year. But the NFLPA was opposed to that because so many players wouldn't last that long. Atallah's statement that "almost nobody" would last five seasons in the NFL was obviously an exaggeration, but it shows that the players know that their window for maximizing their income is extremely short, so acting in their short-term best interests is their primary concern.
I don't see how that illustrates your point. If the players only do what the majority of the current membership wants, why would they want better rookie salaries at all? Everyone who'd be "voting" has already signed their rookie contract, and even the incoming class of rookies won't make up anything close to a majority of the several thousand NFLPA members. If anything, haven't you provided an example of the players willingly accepting a smaller share of the pie for themselves in order to benefit future generations of players?

So you're saying that the players wanted better pensions, but that the owners' demands in short-term concessions were so great that the players decided that they'd rather take greater short-term benefits at the expense of their own long-term benefits? Hmm, why does that sound familiar?
I'm saying it's foolish to make a judgment about how much the players were willing to sacrifice without knowing what the owners were demanding in return.

If the players offered to make "significant" concessions (however you personally define it), but the owners would accept nothing less than "outlandish" ones, the players would have been complete idiots to have made the deal -- but not because they were unwilling to make significant sacrifices.

Right or wrong about what? My opinion? I didn't know opinions could be right or wrong.
Right or wrong in claiming that the owners are the only ones who care about the NFL's long term success. You used this opinion to back up that claim, which it can't possibly do.

In every way and in every fashion, I find the owners' long-term interests (by my personal definition) in the NFL's growth to be much greater than that of the players, whose long-term interests are minimal at best, and I find those things to be evident in many of the actions taken by both sides and many of the opinions expressed by both sides.

If you want to cling to the sliver of similarities between our opinions, fine, then we agree to some degree. (The degree of similarity in our opinions is impossible to actually measure, of course.)
Which is precisely what allows you to minimize it, like you have with lots of other things you previously spoke about in absolutist terms, by saying it's too small to matter anyway.

(Though more accurately, the degree of similarity is not impossible to measure. We know exactly what we agree on, and exactly what we disagree on. All that's needed is a basis for comparison, which would be time consuming but easy. We don't, however, have the ability to read peoples' minds to find out exactly how much they care about something and how much they're willing to sacrifice, and we don't have the ability --legally -- to look at private financial data.)
 

theogt

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AdamJT13;3954538 said:
So we had idiots in Congress who couldn't figure out how to write the law to say what it actually means? Wonderful. No wonder we have judges almost 80 years later who still can't agree on what it means.
This shouldn't be a new realization. It's a universal problem. They even accept this as fact and choose to include these policy statements to help interpretation. Often times when drafting legislation or contracts or whatever, lawyers intentionally leave ambiguity because it's the only way you get achieve sufficient approval.
 

CCBoy

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NinePointOh;3954726 said:
Then you're talking in relative terms instead of the absolutist terms you started with.

I understand that that's your hypothetical scenario. I'm saying your scenario is completely impossible, so it couldn't possibly affect the players' judgment. If unicorns and leprechauns carried the owners away to a far off city made of gold and rubies, they'd be just fine too -- but I'm not going to use that as evidence that the owners don't care about the league.

And for the record, no, the fans' desire to watch the best football in the world wouldn't automatically duplicate the NFL's profitability. Notre Dame football has been mediocre at best for over a decade, yet they're still perhaps the most valuable and profitable college program in the country. If you stripped away their brand loyalty and fielded a team with completely identical talent, stadium, and infrastructure, do you really think they'd have as much money to pay their employees? Likewise, the Cowboys are more valuable and profitable than lots of teams who have played better football over the last 15 years. If you took away their brand loyalty, would that still be the case? How about if you took away the brand loyalty of the NFL itself and all 32 teams at the same time?

The (absolutist) assertion that the owners care about the long-term success of the NFL, and the players don't, because the owners stay around for a longer period of time.

Why would I have to? You asked for an example of the owners doing it at all, and I said "anything they're taking as personal income and not investing." You're the one trying to argue that the amount is too small to matter, which is pure speculation.

I agree. Failing to maximize gain is harm. If you think the degree is only as substantial as eating a burger a week, then that's speculation on your part.

So you're really under the impression that people who own companies don't have salaries?

The NFLPA isn't a direct democracy -- they don't vote on specific trade-offs. They choose representatives and (indirectly) an executive director, who have an incentive to look out for both current and future players if they have any ambition to keep their positions for very long. Later, they vote to ratify the CBA although most probably don't bother to trudge through the legalese and just trust whatever the representatives agreed to.


I don't see how that illustrates your point. If the players only do what the majority of the current membership wants, why would they want better rookie salaries at all? Everyone who'd be "voting" has already signed their rookie contract, and even the incoming class of rookies won't make up anything close to a majority of the several thousand NFLPA members. If anything, haven't you provided an example of the players willingly accepting a smaller share of the pie for themselves in order to benefit future generations of players?

I'm saying it's foolish to make a judgment about how much the players were willing to sacrifice without knowing what the owners were demanding in return.

If the players offered to make "significant" concessions (however you personally define it), but the owners would accept nothing less than "outlandish" ones, the players would have been complete idiots to have made the deal -- but not because they were unwilling to make significant sacrifices.

Right or wrong in claiming that the owners are the only ones who care about the NFL's long term success. You used this opinion to back up that claim, which it can't possibly do.

Which is precisely what allows you to minimize it, like you have with lots of other things you previously spoke about in absolutist terms, by saying it's too small to matter anyway.

(Though more accurately, the degree of similarity is not impossible to measure. We know exactly what we agree on, and exactly what we disagree on. All that's needed is a basis for comparison, which would be time consuming but easy. We don't, however, have the ability to read peoples' minds to find out exactly how much they care about something and how much they're willing to sacrifice, and we don't have the ability --legally -- to look at private financial data.)

Please allow me to tongue and cheek, summarize: If a frog had wings he wouldn't constantly be bumping his arse.:)

Oh, and Outlaw Heroes breeched the same topics above, and quite well argued....
 

theogt

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Outlaw Heroes;3954604 said:
Typically, as a matter of statutory interpretation, one turns to the purpose of the act only where there is an ambiguity that cannot be resolved by strict construction of the words. Where the words themselves are unambiguous, one need go no further.
I think the plain language is ambiguous actually. Given we have two federal judges holding in one direction and two federal judges holding in another, that may indicate it's at least somewhat ambiguous as well.

In my opinion, the plain language of the act does not necessarily make it clear it applies to employers implementing. The pertinent language is:

Ceasing or refusing to perform any work or to remain in any relation of employment;
In one sense the phrase "remain in any relation of employment" could be read to clarify "ceasing or refusing to perform any work". In that case, it would not apply to employers who seek to not remain in any relation of employment.

In another sense, the phrase "remain in any relation of employment" could be read to supplement or add to "ceasing or refusing to perform any work". In that case, it would apply to employers.

With that ambiguity in mind, I think you look to the purpose and public policy of the act. Given that the evidence that Congress intended to have the law protect employees, I think it should be read as clarifying.
 

CCBoy

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theogt;3954740 said:
I think the plain language is ambiguous actually. Given we have two federal judges holding in one direction and two federal judges holding in another, that may indicate it's at least somewhat ambiguous as well.

In my opinion, the plain language of the act does not necessarily make it clear it applies to employers implementing. The pertinent language is:

In one sense the phrase "remain in any relation of employment" could be read to clarify "ceasing or refusing to perform any work". In that case, it would not apply to employers who seek to not remain in any relation of employment.

In another sense, the phrase "remain in any relation of employment" could be read to supplement or add to "ceasing or refusing to perform any work". In that case, it would apply to employers.

With that ambiguity in mind, I think you look to the purpose and public policy of the act. Given that the evidence that Congress intended to have the law protect employees, I think it should be read as clarifying.

As always, your directions taken are articulated well. I applaud your better skills here, than myself.

But as is obvious in a multitude of opinions, the directions and points linked together, which can be managed as you state, don't refer succinctly back to the object being subjected to the microscope at present.

There is not yet established a direct link that unchains the various units discussed from being actionable in their own rights. That inclusive of the ownership groups in labor issues as well.
 

NinePointOh

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Outlaw Heroes;3954603 said:
This is simply false, and has been addressed by an earlier post of mine. Because of the way that businesses are valued, the owners have a strong financial incentive to ensure the economic vibrancy of the league into perpetuity, regardless of whether they plan on exiting the business in the short-term.

Not quite correct. They have an incentive to ensure that, when they exit the league, the next buyer has reason to predict that the team is likely to be profitable into the future. Whether the league as a whole is actually vibrant after they're gone is of virtually no interest to them (whereas at least a subgroup of players will rely on the league's actual continued success in order for their pensions to be secure). And the greater the variation between potential buyers' predictions when looking at the exact same information, the greater the owners' incentive to "cheat", for lack of a better word.

Regardless, I have not disputed that the owners have a strong incentive to care about the long-term success of the league. They do.

Players simply do not share a similar incentive. For whatever reason, you've chosen to ignore this.
I haven't ignored it. I've agreed with it, and explained what other incentives the players do have.

Sounds like, at root, you simply want to stake out a claim that certain players have some interest in ensuring the continued financial well-being of the league after they retire. Sure. I can acknowledge that (though they certainly don't have the same interest in ensuring the league's economic viability into perpetuity). Adam seems prepared to acknowledge it as well.
Great.

But it simply doesn't get you very far in this argument.
Only if you engage in purely subjective speculation, which precludes the possibility of any meaningful discussion.
 

Outlaw Heroes

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NinePointOh;3954816 said:
Only if you engage in purely subjective speculation, which precludes the possibility of any meaningful discussion.

I didn't understand this part of your post (the rest of which I generally agreed with, other than your suggestion in the first paragraph that franchise success can be neatly separated from league success (the two are, by and large, inextricably intertwined)).

What's the subjective speculation you think I'm engaging in that is precluding the possibility of meaningful discussion?
 

BrAinPaiNt

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CowboysZone ULTIMATE Fan
Hostile;3954634 said:
These facts will get ignored in favor of "all of the above."

It must really chap your backside that some of us won't lay all the blame on one side.
 

CCBoy

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BrAinPaiNt;3954845 said:
It must really chap your backside that some of us won't lay all the blame on one side.

:laugh2: Easy fella'....:)
 

CCBoy

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'Not quite correct. They have an incentive to ensure that, when they exit the league, the next buyer has reason to predict that the team is likely to be profitable into the future. Whether the league as a whole is actually vibrant after they're gone is of virtually no interest to them (whereas at least a subgroup of players will rely on the league's actual continued success in order for their pensions to be secure). And the greater the variation between potential buyers' predictions when looking at the exact same information, the greater the owners' incentive to "cheat", for lack of a better word.

Regardless, I have not disputed that the owners have a strong incentive to care about the long-term success of the league. They do.'

Possibly so, if one additionally presupposes a total dysfunctional accounts team, advertisement and public interactions group, and internal organizational positions as well - that amounts to a paper lion in function leading up to the sales of a specific team.
 

CCBoy

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Outlaw Heroes;3954837 said:
I didn't understand this part of your post (the rest of which I generally agreed with, other than your suggestion in the first paragraph that franchise success can be neatly separated from league success (the two are, by and large, inextricably intertwined)).

What's the subjective speculation you think I'm engaging in that is precluding the possibility of meaningful discussion?

Subjective speculation....projecting what a psychoanalist will find?:D
 
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