Protecting the NFL Draft

[Hostile]

I believe the only thing the owners absolutely have to fight for is the protection of the NFL Draft. Since 1936 the NFL has relied on the Draft to build the rosters of the competing teams.

As things stand right now, with no CBA in place, a Draft in 2012 is in jeopardy because without a Union it very easily can be seen as a violation of anti-trust law.

Forget the fact that it makes sense for all four major sports leagues. That doesn't matter. The Draft is not protected except by a CBA.

So what would happen if the Draft went away? Some will tell you that Dallas and other teams of the same ilk would swoop up all the talent and become a perennial power the likes of which we all dream.

Let me tell you the real problem with that philosophy. College football will suffer like no other sport ever has. They will either have to pay their athletes or they will watch them lose their eligibility as they sign with NFL teams anxious to swoop in and grab the best players for themselves.

The NFL will get younger and less experienced and the game will suffer from the lack of balance and expertise that polishes it right now. This will happen because the NFL will have to go after younger and younger talent to beat the other teams to the punch. Finding gems like Tony Romo, Miles Austin, and Kurt Warner will be over because of the feeding frenzy on college football. Their players won't develop the same that they have up to now.

I cannot fathom why any football fan would want the Draft to go away.

 

[TellerMorrow34]

Well said Hos. I agree with that completely. I can't imagine how anyone could possibly see this is a good thing.

People complaining about the misses, in the draft now, would be complaining even more about all the players we signed, who never work out, cause they simply were nowhere near ready for the big leagues when Dallas signed them.

Terrible idea having no draft.

 

[Rockytop6]

I believe the only thing the owners absolutely have to fight for is the protection of the NFL Draft. Since 1936 the NFL has relied on the Draft to build the rosters of the competing teams.

As things stand right now, with no CBA in place, a Draft in 2012 is in jeopardy because without a Union it very easily can be seen as a violation of anti-trust law.

Forget the fact that it makes sense for all four major sports leagues. That doesn't matter. The Draft is not protected except by a CBA.

So what would happen if the Draft went away? Some will tell you that Dallas and other teams of the same ilk would swoop up all the talent and become a perennial power the likes of which we all dream.

Let me tell you the real problem with that philosophy. College football will suffer like no other sport ever has. They will either have to pay their athletes or they will watch them lose their eligibility as they sign with NFL teams anxious to swoop in and grab the best players for themselves.

The NFL will get younger and less experienced and the game will suffer from the lack of balance and expertise that polishes it right now. This will happen because the NFL will have to go after younger and younger talent to beat the other teams to the punch. Finding gems like Tony Romo, Miles Austin, and Kurt Warner will be over because of the feeding frenzy on college football. Their players won't develop the same that they have up to now.

I cannot fathom why any football fan would want the Draft to go away.

"I cannot fathom why any football fan would want the Draft to go away."

Shortsighted? Ignorance/lack of perspective, etc.? Take your pick.

 

[theogt]

The players aren't seeking to get rid of the draft. That's not even on the table. I'm not sure why anyone is concerned about it.

 

[SkinsFan28]

How did the draft work before the first CBA? after all it has been in place for far longer as you said Hos. Is there some legal exclusion that the NFL could work out with somebody, or would Congress have to write a law giving the NFL some level of anti-trust exemption, a la baseball?

In other words, could the owners find a way to keep the draft even assuming the NFLPA never comes to a new CBA?

 

[Hostile]

The players aren't seeking to get rid of the draft. That's not even on the table. I'm not sure why anyone is concerned about it.

The OP tells exactly why it is in danger.

 

[Hostile]

How did the draft work before the first CBA? after all it has been in place for far longer as you said Hos. Is there some legal exclusion that the NFL could work out with somebody, or would Congress have to write a law giving the NFL some level of anti-trust exemption, a la baseball?

In other words, could the owners find a way to keep the draft even assuming the NFLPA never comes to a new CBA?

Once the NFL had to agree to forms of Free Agency and dealing with a Player's Union they had to bargain to keep the Draft. The reason the 2011 Draft happened was that it was already in the 2010 League rules and plans. It was protected. Future Drafts are not unless we get a new CBA. This is why Smith is saying he thinks the Union should not recertify. He knows the inference it leaves on the owners. It is his last piece of leverage if the June 3rd ruling goes the owners way.

 

[theogt]

The OP tells exactly why it is in danger.

For there not to be a draft, both the owners and the players would have to agree to it. Neither side has even suggested it. And all proposals that have been reported include a draft. It's a total non-issue.

I mean, theoretically we could worry about them dropping the playoff system and implementing a BCS system. That's just as likely to happen.

 

[RS12]

Prediction: I dont think the owners have any intention of starting the season before the first weekend in October no matter what happens in court between now and then, and I do think they will get their rear ends handed to them by Doty over the TV contract. Obviously their strategy is and has been to drag their feet because in the end they can hang on longer and it gives them the best chance to chance to get what they want. Also I think think they want the players for various reasons to miss some game checks. Super Bowl gets pushed back a week, no bye week or week off between the SB.

They will not start the season without a CBA and it will include a draft.

 

[Hostile]

For there not to be a draft, both the owners and the players would have to agree to it. Neither side has even suggested it. And all proposals that have been reported include a draft. It's a total non-issue.

I mean, theoretically we could worry about them dropping the playoff system and implementing a BCS system. That's just as likely to happen.

Yes, they have.

 

[SkinsFan28]

The players aren't seeking to get rid of the draft. That's not even on the table. I'm not sure why anyone is concerned about it.

anybody else seen this site, I was looking for the initial anti-trust lawsuit, because I believe the draft is attacked as a restraint of trade issue in it, but found this site which has all the documents for this case listed. Pretty cool, except that the link to the original antitrust brief is messed up

http://www.antitrusthall.com/?p=210

 

[SkinsFan28]

For there not to be a draft, both the owners and the players would have to agree to it. Neither side has even suggested it. And all proposals that have been reported include a draft. It's a total non-issue.

I mean, theoretically we could worry about them dropping the playoff system and implementing a BCS system. That's just as likely to happen.

In the Eller brief filed to join the suit, the Prayer for Relief section, #3, the retired players ask that:

Declaring that the NFL Defendants’ future imposition of the
anticompetitive Draft with an EPP violates Section 1 of the Sherman Act, and enjoining any implementation of the 2011 College Draft until the issues related to the antitrust violations are resolved;

(EPP is the Rookie Cap formula from the 2006 CBA)

Not quite sure what else this does other than ask that the draft be declared in violation of the Sherman Act (which absent a CBA, or some other binding agreement) it would certainly seem to be.

 

[Hostile]

In the Eller brief filed to join the suit, the Prayer for Relief section, #3, the retired players ask that:

(EPP is the Rookie Cap formula from the 2006 CBA)

Not quite sure what else this does other than ask that the draft be declared in violation of the Sherman Act (which absent a CBA, or some other binding agreement) it would certainly seem to be.

Thank you...again.

 

[theogt]

anybody else seen this site, I was looking for the initial anti-trust lawsuit, because I believe the draft is attacked as a restraint of trade issue in it, but found this site which has all the documents for this case listed. Pretty cool, except that the link to the original antitrust brief is messed up

http://www.antitrusthall.com/?p=210

Having read the initial complaint and being generally familiar with the claims made, including related to the draft and free agency, I am aware that someone may mistakenly think there is some threat to the draft or free agency. Those claims have absolutely zero to do with what is on the table in negotiations, however. Those are purely litigation oriented in order to gain leverage in negotiations. It's a nuclear option which everyone at the table knows isn't really an option.

 

[Hostile]

Having read the initial complaint and being generally familiar with the claims made, including related to the draft and free agency, I am aware that someone may mistakenly think there is some threat to the draft or free agency. Those claims have absolutely zero to do with what is on the table in negotiations, however. Those are purely litigation oriented in order to gain leverage in negotiations. It's a nuclear option which everyone at the table knows isn't really an option.

You said, "neither side has even suggested it."

Incorrect Counselor. He proved it. Also, Kessler has suggested and so has Smith.

 

[SkinsFan28]

and in the players brief, their prayer for relief, #2, asks the court to enjoin the rookie draft with EPP.

 

[SkinsFan28]

Having read the initial complaint and being generally familiar with the claims made, including related to the draft and free agency, I am aware that someone may mistakenly think there is some threat to the draft or free agency. Those claims have absolutely zero to do with what is on the table in negotiations, however. Those are purely litigation oriented in order to gain leverage in negotiations. It's a nuclear option which everyone at the table knows isn't really an option.

So you completely discount what the players have asked for within their legal text, and yet maintain that that text is not fraudulent? Perhaps the players may agree to keep the draft in some final agreement, but to say that they are not threatening the draft, or that neither side has suggested it, seems to be either incorrect, or naively disregarding the exact language of the underlying brief.

 

[TellerMorrow34]

When all is said and done I'll be in complete shock if there is no draft. I can't imagine them ever getting rid of it. It would be completely stupid.

 

[Outlaw Heroes]

The players aren't seeking to get rid of the draft. That's not even on the table. I'm not sure why anyone is concerned about it.

Not so. The claim filed by Brady et al on March 11 identifies the draft, among other things, as an antitrust violation.

 

[gimmesix]

So you completely discount what the players have asked for within their legal text, and yet maintain that that text is not fraudulent? Perhaps the players may agree to keep the draft in some final agreement, but to say that they are not threatening the draft, or that neither side has suggested it, seems to be either incorrect, or naively disregarding the exact language of the underlying brief.

You know, in every legal argument thread I come across, you keep making sense.

Are you sure you're a Skins fan?