Just over a week before their court date with representatives with the players, the NFL filed their reply brief on Thursday evening with the Eighth Circuit Court of Appeals, stating that the lockout should remain in effect.
The 41-page brief states that the decision by U.S. District Court judge Susan Richard Nelson to enjoin the lockout was illegal and that the appellate court should uphold its ruling to grant a stay on the league's decision to lock out the players as they negotiate a new Collective Bargaining Agreement.
In the brief, the league's lawyers argue that the players' disagreements with the owners are not a legal issue, but rather a labor one. In a footnote on page 35, they claim that the NFLPA decertification is just a front and that the players are still operating as a certified union.
"Plaintiffs also argue that 'every single player in the NFL sacrificed numerous rights and protections by terminating their union.' These 'sacrifices' are almost entirely illusory. The NFLPA continues to pursue a grievance on behalf of over 250 players asserting improper conduct with respect to contracts in the 2010 season. It has established trusts to provide the players with legal representation for and to cover the costs of other grievances, and to assist players in applying for retirement benefits."
The league concludes by saying: "This Court should vacate the District Court's grant of a preliminary injunction and remand with instructions to dismiss or stay the action."
The two sides are due in the St. Louis courthouse on June 3 for a hearing on whether to keep the lockout in place.
Source: http://www.profootballweekly.com/2011/05/26/nfl-files-brief-lockout-should-stick
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