NFL labor mediation arrives today

| Thursday, April 14, 2011

MINNEAPOLIS — Different location. Different mediator. Same disagreements.

One month and two days after the NFL and its players cut off negotiations on a new collective bargaining agreement and put the 2011 season in peril, the sides will return to the table for court-ordered mediation today with a key legal ruling on the lockout pending.

NFL executives met for five hours with U.S. Magistrate Judge Arthur Boylan on Wednesday, the day before the first talks between the league and its players since the middle of March. Executive vice president Jeff Pash, the NFL's lead negotiator, was at the federal courthouse along with other officials and outside counsel. Lawyers for the players met with Boylan for about four hours Tuesday.

"We appreciate the opportunity to meet with the magistrate and review the issues with him in preparation for our session tomorrow, and we're looking forward to seeing the players and their representatives tomorrow morning," Pash said yesterday, declining further comment.

Larger contingents are expected when mediation begins in Boylan's chambers, including commissioner Roger Goodell. League spokesman Greg Aiello said Goodell will attend with some of the owners.

NFL Players Association executive DeMaurice Smith is scheduled to attend, too, after withdrawing from a speaking event at Wake Forest. The NFLPA, dissolved by a vote of the players, is now a trade association, not a union. Smith, an attorney, was formally added to the legal team last week so he could represent the players in mediation even though he is no longer their union boss.

The talks are seen as the first encouraging step since March 11, when the union was dissolved, the CBA expired and the NFL wound up with its first work stoppage since the 1987 strike. All that has taken place since then are lawsuits and sharp disagreements between the sides.

The lockout followed 16 days of negotiations overseen by a federal mediator in Washington, with the league and players failing to agree on how to divide more than $9 billion in annual revenue. The owners wanted to double the money they get off the top for expenses from about $1 billion to about $2 billion, but that number decreased during the last round of mediation. The players have insisted on full financial disclosure from all 32 teams, and so far the league has not opened the books to their liking.

Boylan has a reputation as a problem solver, but he may have his work cut out for him. The key is to make both sides comfortable with his neutrality and fairness, said Robert Berliner, an attorney who runs the Berliner Group mediation service in Chicago. He said the judge also has to prove he knows the subject and is flexible. Persuasiveness is a must, too.

"I think this is a fascinating opportunity to bring this to a successful conclusion, but the parties have to be willing," Berliner said. "The mediator can only suggest, cajole and work hard to bring them together. He can't make it happen and, if the parties aren't willing to make a deal, the best mediator in the world can't make it happen."

U.S. District Judge Susan Richard Nelson, who ordered the mediation, is still considering a request from the players to lift the lockout imposed by the owners. After an April 6 hearing, she said she planned to rule on the injunction request in a couple of weeks.

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