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NFL union moves opens door to litigation

Published November 20, 2014

Reuters

MIAMI (Reuters) - The move by the NFL players' union to decertify itself on Friday opened the door for legal moves which could take months to resolve but keep alive the hope next season will be saved.

The NFLPA move effectively ends their position as the 'official union' talking with the league and frees them up to fight their battles in the courts.

A key part of the NFLPA being a certified union was an agreement not to take legal action against the NFL but that restriction has now disappeared after the NFLPA transformed itself into a 'professional trade association' rather than a fully-fledged union.

Instead of being governed by a collective agreement, the players are now legally considered individual employees and are able to take their own legal action.

They could file an injunction in court to block any lockout, arguing that it was a restraint of trade.

Other antitrust litigation, perhaps filed by top-name quarterbacks, could follow, covering a whole range of issues over how the NFL is governed.

There was no need for a ballot in the NFLPA for Friday's move because union members voted during last season to authorize decertification should talks not be fruitful.

The NFLPA was first recognized by the league in 1968 and that move allowed for the first CBA in that year but the union has made such a move previously.

The union decertified in 1989 resulting in a series of legal battles while play continued -- they became certified again in 1993.

(Writing by Simon Evans; Editing by Julian Linden)

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