法官最终锁定; 业主上诉文件

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明尼阿波利斯 — 7成橄榄球锁定周, 球员有较早期的业主在法庭上的胜利. 美国. 地方法院法官苏珊理查德纳尔逊下令立即停止锁定, siding with the players in their bitter fight with the owners over how to divide the $9 billion business. The fate of the 2011 season remained in limbo: The NFL responded by filing a notice of appeal questioning whether Nelson exceeded her jurisdiction, seeking relief from the 8th U.S. Circuit Court of Appeals in St. 路易斯. 几个小时后,, the league filed a motion for an expedited stay, meaning it wants Nelson to freeze her ruling to let the appeals process play out.

More From ESPN.com

The NFL’s labor strife isn’t over just yet, but Monday’s injunction puts the owners’ lockout on thin ice, writes ESPN.com’s Lester Munson. Q&一

 

What will happen in the next few days is murky, 太. Players may very well show up at team facilities on Tuesday and it appears they’ll be allowed to enter the building, if they so choose. The players’ 组织 — now a trade association and not a union — emailed players late Monday night, advising them they are legally entitled to show up at team facilities Tuesday and that teams are not allowed to block their access. Bills safety George Wilson confirmed late Monday that the NFLPA emailed players suggesting they report to work Tuesday. He said players were told they should be granted access under normal circumstances and if they are denied access the teams would be in violation of the judge’s ruling. “We have received inquiry from a number of players and agents. We have simply responded and told them we don’t see anything wrong with it,” players’ association spokesman George Atallah said in a text message to The Associated Press. “Players are organizing stuff on their own …” Wilson had not heard from any Bills players who said they would report to the facility Tuesday. “Be advised any player going to work tomorrow is doing so under the ruling that Judge Nelson rendered today,” the email said, a league source told ESPN NFL Insider Adam Schefter. “Judge Nelson’s court order prevents the clubs from locking out players under contract, so they can show up for work. Unless and until the judge issues an order for a stay [delay of the injunction], the teams will be in violation of Judge Nelson’s order if they don’t allow access.” NFL spokesman Greg Aiello said any player who shows up to team facilities will be allowed in. “If a player comes to the facility, he will be treated courteously and with respect,” Aiello said in an e-mail. 不过, two league sources told Schefter that the NFL Management Council gave all 32 teams certain stipulations for allowing players into their buildings tomorrow.

“They better act quickly, because as of right now there’s no stay and, presumably, players could sign with teams. There are no guidelines as of right now, so they have to put something in place quickly.

— Jim Quinn, attorney for the players, on NFL’s next move

有关人士表示,球队被告知不要打开他们的举重房,也不参与任何合同的讨论, 而是让他们的球员在建筑. 该联盟还打算得到安全保障的到位,为玩家进来,以避免任何潜在的冲突或照片的机会为媒. 美国橄榄球联盟打算在上午再次听取汇报与球队的进一步说明. “我告诉我的球员,如果他们是根据合同, 他们被允许进入该设施的工作明天, 得到治疗和观看电影,” 奥克兰突袭者队扎克 - 米勒 说:. “我们正处在一个“狂野西部’ 现在. 足球是回到企业, 但你猜怎么着? 有没有规则. 有很多积极的到, 但是也有很多负面的,” 说后卫 肝奔, 中的一个 10 plaintiffs in the still-pending antitrust lawsuit filed against the league when the union broke up last month. Nelson’s ruling was a stern rebuke of the NFL’s case, hardly a surprise given the court’s history with the league and her pattern of questioning during a hearing here three weeks ago in St. Paul, Minn. In a room packed with lawyers, players and league officials, Nelson politely but persistently questioned NFL lawyer David Boies about his repeated argument that she shouldn’t have jurisdiction over a labor dispute with an unfair negotiation charge against the players pending with the National Labor Relations Board. In her ruling, Nelson rejected that contention. She recognized the NFL Players Association’s decision to “de-unionize” 作为合法的,因为它有 “造成严重后果” 为玩家. 尼尔森甚至引用她的同事, 美国. 地方法院法官大卫·多蒂, 谁经常统治球员在过去. 她不仅宣布球员都有可能被锁定遭受伤害, 授予强制令的法律要求, 纳尔逊写道,他们现在已经感受到了伤害. 她举了自己的职业生涯短, 他们认为金钱赔偿是不够的救济.

法官苏珊尼尔森的报告

NFL 美国. 地方法院法官苏珊·理查德·纳尔逊下令结束的NFL停摆星期一. 读到这里的裁决. 报告 (PDF)

什么尼尔森周一没有做, 然而, 为解决反垄断诉讼提起的问题,上个月当工会分手. 这, 她写道:, “必须再等一天。” In an opinion piece posted late Monday night on the Wall Street Journal’s website, NFL Commissioner Roger Goodell wrote that Nelson’s ruling “may significantly alter professional football as we know it. … By blessing this negotiating tactic [recognizing the playersright to dissolve their union], the decision may endanger one of the most popular and successful sports leagues in history.” DeMaurice Smith, head of the players’ association, said players were eager to resume court-ordered mediation to resolve the fight. “My hope is really is that there’s somebody on the other side who loves football as much as our players and fans do,” 他说:. If the injunction is upheld, the NFL must resume business in some fashion. It could invoke the 2010 rules for free agency, 这意味着玩家将需要服务的六个赛季成为不受限制的自由球员,当他们的合同到期之前,; 先前, 这是四年前. 对于受限制自由球员的要求为四年,而不是前三年 2010. 此外,还有是没有工资帽的 2010, 这意味着球队可以花尽可能多的 — 或尽可能少 — 因为他们想. 和NFL将需要决定是否休赛期的训练可以在上诉待决举行. 业主所规定的锁定后,谈判破裂三月 11 和球员解散工会. A组队员沿提起禁令请求一个集体诉讼反垄断诉讼反对联盟. Jim Quinn, 律师为玩家, 说的压力是联赛. “他们更迅速地采取行动, because as of right now there’s no stay and, presumably, players could sign with teams,” 奎因说. “有没有指引,截至目前, 所以他们不得不把东西迅速到位。” 在一份声明中, 在NFL再次辩称,它认为 “联邦法律禁止禁令劳资纠纷” 并表示有信心在上诉法院同意. “但我们也相信,这一争端将不可避免地与集体谈判协议结束, 这将是玩家们的最佳利益, 俱乐部和球迷. 我们可以达成一个公平的协议,只有当我们继续朝着这一目标的谈判,” NFL的说. NFL的辩称,停止锁定会开启所有 32 球队最多额外的反垄断诉讼只是为合作解决劳动争议. 反垄断诉讼进行三倍赔偿证明任何伤害, 这意味着数亿美元受到威胁. 在为加快住宿的要求, NFL的一个争论 “reasonable prospect of success” on appeal. League attorneys wrote that without a stay, teams would be forced to choose “between the irreparable harm of unrestricted free agency or the irreparable harm of more treble-damages lawsuits,” pain that would be felt immediately. They also contended a hold on the injunction is in the public interest, letting the appeals process play out before “there are fundamental and irreversible changes in the relationships between and among” the two sides. The relationship between the two sides has been in rough shape for months. Nelson heard arguments on the injunction at a hearing on April 6 and ordered the two sides to resume mediation while she was considering her decision. The owners and players, who failed to reach consensus after 16 days of mediated talks earlier this year, met over four days with a federal magistrate but did not announce any progress on solving the impasse.

Feely The players have said all along, ‘The law is on our side.’ Judge Nelson’s ruling reaffirms our contention.

— Cardinals kicker Jay Feely

They are not scheduled to meet again until May 16, four days after Doty holds a hearing on whether players should get damages in their related fight with owners over some $4 billion in broadcast revenue. Osi Umenyiora, 该 New York Giants defensive end and one of the plaintiffs, called the ruling a “win for the players and for the fans” 在一份声明中. “The lockout is bad for everyone, and players will continue to fight it,” Umenyiora said. “We hope that this will bring us one step closer to playing the game we love.” New York Jets guard Brandon Moore called it a good day for the players, but recognized “there’s still some legal wrangling that needs to go on.” “This has been frustrating,” Moore said. “You’re working out on your own, trying to set up drills, trying to find a field somewhere, trying to find a time to get together. 我的意思, we’re professional athletes here. We shouldn’t be going through this. On the same token, these were the only cards we were left with.” With appeals expected, the fight seems likely to drag on through the spring and, possibly, into the summer. The closer it gets to August, when training camps and the preseason get into full swing, the more likely it becomes that regular season games could be lost. That’s when fans will really start to sweat this, 在这种情况下,公共利益没有进去尼尔森的裁决忽视. “这种特殊的劳动争议是由一个过补偿纯粹私人的说法远,” 她写道:. 仍, 踢球者 杰伊Feely, 在NFLPA前亚利桑那州的球员代表溶解, 是响亮的反应决定. “The players have said all along, ‘The law is on our side.’ Judge Nelson’s ruling reaffirms our contention,” 费利说,. “我们感到非常振奋,它看起来像足球可能是在,” 史密斯说,周一晚. 在谈到 “NFL现场” 在ESPN2, 史密斯说: “如果我们是在一个世界里,玩家实际上起诉,使他们能够踢足球 … 告诉我,我们已经失去了我们的方式。” 来自ESPN的NFL内幕亚当Schefter和美联社信息促成了这一报告.

 

来源: ESPN的

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