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That's what NFLPA outside counsel Jeffrey Kessler is strongly advocating.
Watch the entire interview with Daniel Kaplan of the Sports Business Journal at the end of the article.
LINK
So the NFL will wind up being like FIFA. A few rich clubs who sign ever good player and the rest will be teams will be warm ups until you play one of the rich clubs.
This works great in Spain. Every season we have the excitement of guessing who will win La Liga, Real Madrid or Barcelona.
One part of me wants the players to win the anti-trust lawsuit(s). I think it would be funny to watch the players get what they want and then realize what they want stinks.So the NFL will wind up being like FIFA. A few rich clubs who sign ever good player and the rest will be teams will be warm ups until you play one of the rich clubs.
This works great in Spain. Every season we have the excitement of guessing who will win La Liga, Real Madrid or Barcelona.
So the NFL will wind up being like FIFA. A few rich clubs who sign ever good player and the rest will be teams will be warm ups until you play one of the rich clubs.
This works great in Spain. Every season we have the excitement of guessing who will win La Liga, Real Madrid or Barcelona.
There'd still be a salary cap
Actually there would not be a salary cap (nor floor, which is more important for the rank and file player) nor roster limits amoung other items which are collectively bargained that otherwise are very illegal in a kinda capitalistic system.
There's a payroll cap at my work. Managers are told to keep their labor percentage at a certain percentage of profit, or they don't get to manage very long. Isn't that a salary cap?
There's a payroll cap at my work. Managers are told to keep their labor percentage at a certain percentage of profit, or they don't get to manage very long. Isn't that a salary cap?
beat me to it!That's a self-imposed policy which points to the main point. If there is no CBA then each team can decide what it wants to spend, no floor and no ceiling uniform across the league.
Sounds more like a team mandated salary cap than league-wide... each owner deciding how much he wants to spend. That would be similar to major league baseball.
beat me to it!
They are a corporation. It isn't determined at the store level. It's dictated from HQ in California.
Each team is a separate corporation. The league has no authority to tell them what to spend.
But they can agree not to. That's what they did right? They chose to join the NFL. They could be a team in the UFL, or start their own league. By joining the NFL, they agree to rules the NFL sets in place. On a smaller scale it's like choosing to live in a Homeowner's Association.
The point is that there would be an absence of that rule set by the league.
In your analogy, your CA HQ is "the NFL" and each individual store, whose salary caps in dictated, are individual NFL franchises.
There's a payroll cap at my work. Managers are told to keep their labor percentage at a certain percentage of profit, or they don't get to manage very long. Isn't that a salary cap?
But they can agree not to. That's what they did right? They chose to join the NFL. They could be a team in the UFL, or start their own league. By joining the NFL, they agree to rules the NFL sets in place. On a smaller scale it's like choosing to live in a Homeowner's Association.
This would work if the NFL is considered a single business entity, which the league argues when it is to its advantage. The reality is that the NFL is 32 separate businesses (Supreme court 9-0) with a close working relationship. One is which, either by agreement with its major employees (the players) or government allowance (baseball has an anti-trust exemption and the NFL has lost anti-trust cases) can operate as though it were one at certain times:
Therefore, the Court ruled that Section 1 of the Sherman Antitrust Act applies to the NFL, and ruled that any unilateral decision made by the NFL that affect all the teams shall be viewed under the so-called Rule of Reason for antitrust purposes. Under the Rule of Reason, a lower court has to examine all of the circumstances to determine whether and to what degree the action is anticompetitive. WSJ link below
For light bedtime reading:
The American Needle Case (relates to whether the NFL is one business or thirty-two)
http://www.supremecourt.gov/opinions/09pdf/08-661.pdf
A little more straight forward
http://blogs.wsj.com/law/2010/05/24/american-needle-high-court-delivers-9-0-shutout-against-nfl/
I think it is different. Even though every franchise in my company has a payroll cap, the cap varies by store based on volume and revenue.I've never been a fan of the salary cap in general. I think it does almost nothing to help competitive balance. The NFL and NBA were both more competitive before they instituted a cap, and MLB is more competitive than either of those sports. Factors like revenue sharing, expansion -- and yes, the draft -- do far more to help or hurt balance in a league.
Goodell fears an NFL without a draft, free agency rules
Weve mentioned a time or two (or more) the potential end result of the current antitrust Tom Brady litigation filed by the players against the NFL.
Under lawyer Jeffrey Kesslers view of reality, a non-union NFL should have no rules of any kind among the 32 teams. That means no salary cap, no restrictions on free agency, no franchise tags, and no draft.
Kessler shrugs at the potential consequences, believing that a truly open market for player services would be good for everyone.
Commissioner Roger Goodell disagrees. In a Wednesday conference call with Giants season-ticket holders, Goodell addressed the issue directly.
Thats something thats troubling to me a little bit because in the [April 6] hearing, some of the lawyers for the players association talk about their vision of what would happen with the NFL and the types of things they would be challenging in court everything from the draft to free agency rules, Goodell said. I think it would have a tremendously negative impact on the game of football and what everybody loves the game of football for and what has made us successful.
I get concerned when I hear how the lawyers want to approach this and how they want to change the game for the players association, Goodell added. I think we have a great game thats competitive. I think that the balance we have amongst teams is all part of our system. Aspects of those systems are always modified and changed and Im willing to engage in that. But I think eliminating some of those aspects that I think have made our game and frankly other sports, they are all part of other sports. The NFL has got an incredibly competitive and attractive game. Weve got to make sure that we continue to make modifications. Weve got to make it stronger, not weaken it.
Hes right. The presence of a salary cap and the placement of restrictions on free agency and the use of a draft not only help ensure competitive balance among the teams, but they ensure that money will be available for the kind of mid tier players who reportedly are hoping to intervene in the Tom Brady antitrust litigation.
Without a franchise tag, Peyton Manning could squeeze the Colts into paying him $40 million or more per year. With or without a salary cap, thats less money that would be available for the other guys on the team not named Peyton Manning.
With no union to negotiate minimum salaries or a mandatory per-team spending floor, non-superstars could end up making much less than they do now. The market for long snappers, for example, would be a lot lower than the mandatory minimums that the union had negotiated for all players based on years of experience.
With no draft, young superstars would bypass college (or leave after one or two years) and flock to the league, chewing up even more of the money and nudging mid-level veterans out of jobs.
In the end, and as weve previously said, five percent of the players would be making 95 percent of the money. And the other 95 percent of the leagues players would have to choose between fighting for the scraps in order to play the game they love or finding real jobs.
Thats why it makes sense for other players, and perhaps other lawyers, to get involved. If Kessler gets his way, the NFL could be changed dramatically and permanently for the worse.
Of course, theres a chance that no rules would have no ultimate impact on competitiveness, given that the concept of team takes on significant importance when there are 11 moving parts on the field per side (or more, if Brad Childress gets another head-coaching job). But it will affect the manner in which players are paid, and the majority of the 1,900 men who play in the NFL need protection against being paid less, not the unlimited ability to be paid more.
Given some of the names attached to the Tom Brady antitrust lawsuit, its safe to say that the interests of the majority of the 1,900 men who play in the NFL arent truly being protected and/or advanced.
Thats something thats troubling to me a little bit because in the [April 6] hearing, some of the lawyers for the players association talk about their vision of what would happen with the NFL and the types of things they would be challenging in court everything from the draft to free agency rules, Goodell said. I think it would have a tremendously negative impact on the game of football and what everybody loves the game of football for and what has made us successful.
Goodell fears an NFL without a draft, free agency rules
Without a franchise tag, Peyton Manning could squeeze the Colts into paying him $40 million or more per year. With or without a salary cap, thats less money that would be available for the other guys on the team not named Peyton Manning.
With no draft, young superstars would bypass college (or leave after one or two years) and flock to the league, chewing up even more of the money and nudging mid-level veterans out of jobs.
Of course, theres a chance that no rules would have no ultimate impact on competitiveness, given that the concept of team takes on significant importance when there are 11 moving parts on the field per side.
Via rookie linebacker Von Miller, the incoming rookies are attacking any restrictions or rules regarding the money paid to the 2011 draft picks. By next year, if the lawsuit is still pending (and it very well could be), we fully expect the players to add a member of the 2011 draft class, who’ll claim that the draft violates the antitrust laws, too.
Manning could squeeze the Colts to pay him $40 million, but it takes two to tango. They are not forced to pay him this, and some other team could pay it and he'd have to live with the competitive disadvantage that his greed places on the team.
This strikes me as fear-mongering worst case scenario stuff.