Ruling leaves open possibility for NFLPA to file injunction

Friday's ruling by the 8th U.S. Circuit Court of Appeals declaring that the NFL lockout remains in place came as no surprise to either party and multiple sources on both sides said it should not derail the negotiating process to any degree. 

Negotiations in New York continue and the sides remain cautiously hopeful they can resolve the remaining hurdles within the next week, though there are no guarantees.

However, according to legal sources who have read Friday's ruling, the language from the 8th U.S. Circuit Court creates an opportunity for the NFL Players Association to file another expedited injunction seeking additional rights for rookies and free agents not under contract. And, according to a high-placed source within the NFLPA, the players would file that injunction if a labor agreement is not struck in short order.

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The NFL would not be permitted to appeal any ruling by U.S. District Judge Susan Richard Nelson regarding a new injunction for rookies and free agents, according to lawyers who have read Friday's decision. The wording of Friday's decision says that injunction, if sought, would be legal.

Friday's ruling contains language that leaves open the specific rights "free agents and rookies" possess under the lockout. Rules of the NFL lockout prohibit any contact between players and teams regarding virtually all matters and explicitly contract negotiations are deemed illegal. According to the 8th U.S. Circuit Court's ruling, those issues "should be addressed by the district court in the first instance."

According to the NFLPA source, the potential injunction on rookies and free agents that would be filed with Judge Nelson would be for the right for those players to immediately negotiate and sign deals.

Thus, the players could return to Judge Nelson's court in Minnesota and seek a separate injunction on the lockout, limited to rookies and free agents, based on the contention that those not under contract have the right to engage in contract talks with potential employers in the NFL. Given that Judge Nelson previously declared the lockout itself illegal, her interpretation would seemingly side with the players, and an expedited decision could come within a matter of weeks after filing, the NFLPA believes.

If there is not an agreement reached between the NFL and the players on a new labor deal in the short term, then the players "would seek an injunction right away," according to the source. However, as always, one would expect an appeal to be involved and the 8th U.S. Circuit Court has taken a different view of things than Judge Nelson to this stage. But it's the NFLPA lawyer's interpretation of Friday's decision by the 8th U.S. Circuit Court, based on the wording of the ruling, that such an injunction would be legal and not subject to appeal.

The timing of an injunction, and any subsequent appeal, could become complicated and, right now, it's the threat of losing preseason games and real revenue and paychecks -- not court decisions -- driving the urgency with labor talks. Friday's ruling doesn't change that, and the only chance to start a preseason and regular season on time continues to come from the bargaining table, and nowhere else.

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NFLPA decides to hold its own rookie symposium in June

At last week's spring owners meeting, the NFL cancelled its annual rookie symposium, which is in place to educate draft picks on the life that lies ahead as a professional athlete.

It appears the practice won't be lost all together.

The NFL Players Association is finalizing plans for a June 28-29 rookie symposium of its own, which it is calling "The Business of Football, Rookie Edition," scheduled for near its Washington, D.C. headquarters. As is the case with the annual event -- traditionally a joint venture between the league and the NFLPA -- all draft picks would be invited, and the classroom schedule will follow the normal agenda closely, right down to taking place during the last few days of June. The NFLPA said it will cover all costs.

Because of the lockout, the 254 draft picks can't communicate with the teams that selected them in April.

The NFL's contingency for replacing the symposium was to expand and extend normal orientation programs held at the club level.

"We're doing this because it's the right thing to do," NFLPA spokesman George Atallah told The Associated Press.

The forum will cover financial education and planning, proper behavior on and off the field, and other information to prepare rookies for the NFL.

The league had planned to have this year's symposium at the Pro Football Hall of Fame in Canton, Ohio, for the first time in an effort to better educate players on the history of the game. It was scheduled for June 27-29.

At the owners' meetings in Indianapolis last week, NFL vice president Adolpho Birch said the league "waited as long as we could" before canceling the event. He called the rookie symposium "an extremely complex event that requires a lot of people -- from all of the drafted players to the panelists and presenters, production people and the youth camp that is associated with it. It is really a large production.

"We got to the point, based on the uncertainty we have right now, that we needed to be fair to those who would be asked to come and participate and help us put it on. Given that, we had to make a decision. This was about as late as we could do it."

Birch said it would be up to the individual teams to help indoctrinate the rookies to the NFL, and that league-sponsored programs during the season would continue once the lockout ends. The lockout is in its 11th week.

Agent David Canter thinks the NFLPA's forum makes sense.

"I'm very happy that the former union made this decision," said Canter, who counts Syracuse linebacker Doug Hogue, a fifth-round pick of the Detroit Lions, among his clients. "The symposium is a great experience for all players. For this year's class, it's even more valuable because of the lack of information. And this will be the first time all of these players have been able to meet."

The Associated Press contributed to this report.

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NFLPA head Smith addresses player safety, other issues

In the wake of the NFL's crackdown on illegal hits, NFL Players Association executive director DeMaurice Smith issued the following statement Saturday:

"The issue of player safety is bigger than just hits on Sunday. Players understand the difference between aggressive, split-second actions and dangerous play. In addition to this sudden new emphasis on player safety, players call on the NFL to fulfill its obligation to healthcare in a lockout, end nasty litigation against nearly 300 players' workers compensation cases and stop saying 'no' to the disability benefits of NFL legends.

"While there are a range of punishments available as part of the on-field discipline system, the NFLPA will ensure the NFL strictly adhere to the existing rules and disciplinary process. We will also enforce the return-to-play guidelines and safety protocols and practices that occur out of the public eye. Our mission is to remain aggressive on player safety both on and off the field."

The league swiftly addressed illegal hits following three tackles in last week's games with large fines. The NFL warned players that starting this weekend, even first-time offenders will be subject to suspensions for delivering flagrant hits to the head and neck area of defenseless opponents.

Players say they understand the need for safety, but some suggested this escalation in punishment might ultimately have a detrimental effect on a game that is, after all, predicated on collisions.

Cornelius Bennett, a five-time Pro Bowl linebacker who played from 1987 to 2000 with the Buffalo Bills, Atlanta Falcons and Indianapolis Colts, addressed the issue of player safety with the following statement Saturday.

"This is a former as well as a current player issue. Of course this issue is bigger than just Sunday hits and fines. The overall health, safety and retirement issue is one that every former player should be supporting and challenging the NFL on today. You can slap yourself on the back about fines while you continue to ignore disability claims and sue players over workers compensation."

For more NFL labor news, visit http://NFLLabor.com

The Associated Press contributed to this report.

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