Tuesday, April 19, 2011

NFL Lockout FAQ

This answers most of the questions surrounding the current NFL labor situation and is an attempt to consolidate what I've already written.

Why is there an NFL lockout?


In January, I wrote a post that outlined the key issues between the players and the owners in order to back up my prediction that a lockout would occur.  Most of the issues outlined there led to the eventual lockout.  I later posted an update that tracked the progress to that point.

If you want to read through all that, you can.  The Cliff notes version is that the players and the owners both wanted more money, but there was only so much money to go around.  The owners realized that they got the short end of the stick when the last Collective Bargaining Agreement (CBA) was signed in 2006 and wanted a better deal, while the players were seeking the same percentage of revenues that they were already getting, but wanted to add revenues from tickets, concessions, t-shirt sales, Internet subscriptions, licensing, all the other streams the owners were keeping from themselves.

The CBA was set to expire on March 4th, but the two sides extended the deadline and continued to negotiate with federal mediator George Cohen.  Ultimately, they were still too far apart -- to the tune of about $750 million -- to come to an agreement.  At the 11th hour, the players decided to decertify the union, meaning that the NFLPA was no longer representing the players in negotiations with the owners.  When that happened, the owners locked the players out, meaning that they wouldn't open their facilities to the players and coaches so they they could hold practices, OTAs, and mini-camps.

As soon as the owners locked the players out, the players filed an anti-trust suit against the owners, claiming that the NFL was using its power as a monopoly as a weapon against the players in negotiations.

Serves those greedy owners right.  Stupid monopoly.  I always wanted to be the race car, but my brother took it before I had the chance.

That's not a question and it's kind of off topic, but it does bring up an interesting point.  Since about 1950, the NFL enjoyed some exemptions from anti-trust laws.  They were allowed to operate as a monopoly as long as they acted in the best interest of the game and made games available to NFL fans.  That helped the NFL, their fans, and the television networks, since the NFL got TV money, the fans got to see their teams play, and the networks didn't need to negotiate with 32 different teams in order to get a deal done.  Each market got served, everyone was happy, and everyone made money.

Monopolies aren't inherently bad things.  The government has established forced monopolies for public services, such as water, utilities, and mass transit, since it would be a major pain for consumers otherwise.  Imagine if there were six electric boxes on the side of your house that weren't compatible with each other because of proprietary parts.  If a transmitter went down on your street, all six companies would argue about which one of them was supposed to fix it.  If one of those companies was mismanaged and went under, you'd be without power for an extended period of time.  Or, imagine trying to keep six bus schedules straight in your head, each with different times and route combinations, then standing at a stop and hoping the company didn't go out of business the night before without warning.

If NBC had to negotiate with the owners separately and the owners competed with each other for air time and different markets, the NFL may not have gotten off the ground.

Monopolies are only bad if they're abused to hurt another party.  The NFLPA kept the owners in line all these years because they balanced the power -- the Player's Association had a monopoly on NFL talent.  When the union decertified, that meant that the players were vulnerable and the owners were using their monopoly to lock the players out and improve their negotiating position.  That's not very nice, but it's also not legal.

That sounds intense.  What happened with the lawsuit?

There was a hearing on April 6th where the players stated their case and the owners stated theirs.  The problem is that both sides have a point.  The players play the games and put in the work, so they deserve more money.  The owners build the facilities, keep the lights on, hire coaches and front office staff, and pay all the bills, so they're also entitled to earn a living.  It's difficult to say whether or not the owners would have locked the players out if the players hadn't decertified first.  They probably would have, but the players moved first.

There's no disputing that the owners have a monopoly on NFL football, but arguments have gone back and forth about whether or not they're abusing that power thoroughly enough for an injunction to be placed on the lockout by the courts.

Since the arguments are so complex, the judge ruling on the matter said that she would need a "couple of weeks" to rule definitively on the injunction.  She then urged both sides to work this out for themselves, being that they'll need to negotiate a new deal at some point anyway.

I think that makes sense.  Are the owners and players working it out for themselves?

Kinda.  They started meeting with a state-appointed mediator in Minnesota, starting on April 13th.  They needed two weeks with Cohen to close the gap by $75 million, so my guess is that more time in a room won't fix this mess too quickly.

One of the issues identified in the January lockout post was the existence of bad blood.  I wrote about that before the decertification/lockout and I doubt everything that has transpired since has done anything to alleviate the bad blood.  I'm thinking there's an outside possibility the bad blood got worse.

Then why doesn't the judge rule in favor of the players and take that negotiating power away from the owners?

Because she really, really, really wants the two sides to work it out on their own.  Seriously.  She knows that, regardless of how she rules, the losing side will appeal.  When that appeal happens, you get more bad blood.  This whole mess stretches out further.  A ruling on the appeal probably won't happen until the summer -- we're probably looking at July at this point, unless she makes a decision in the next couple of days.

If everything stretches out until then, one side gains the upperhand in negotiations, but that doesn't mean everything gets put to bed quickly.  It means more meetings and more mediation and probably the cancellation of at least a few games, if not the entire season.  If that happens, the networks will get involved, attempt to pull out, and the owners and players will tolerate each other long enough to get something done.

Who does the lockout hurt?

Right now, here's the list, in order of most hurt to least hurt:
  1. The fans.
  2. Undrafted free agents.
  3. Players that will be drafted at the end of the month, since they have an uncertain future and no paychecks or signing bonus to count on.
  4. Bad teams that are in transition.
No NFL fan needs an explanation for #1.  For #2, no player can sign with an NFL team until there's a CBA in place.  The drafted players are hurt because of their uncertain future, but they still know who they'll be playing for once the dust settles.  Undrafted free agents are free agents like anyone else and can't be signed in the days following the draft like in previous years.  They can't be signed, so they'll walk the Earth, or maybe get real jobs.

They could, also, very possibly get jobs with Arena League teams.  That's a lower paycheck than the NFL and there is always an injury risk, but they'll still play football and get paid to do it, all the while auditioning for NFL teams that will want to sign them once they're allowed to sign them.

Bad teams are trying to break in new players, they'll need to lean on their draft picks more than good teams and will miss the offseason practices to acclimate those players, and they're trying to break in new coaches and new offensive/defensive systems.  Usually, they'd have seven months to do that.  This year, none of the players are allowed to talk to their new coaches and they won't be able to communicate with each other until a CBA is in place.  If that happens in July, that's five valuable months that will be lost.  Teams that are already bad can't afford to lose that time.

In the long term, young veterans that weren't able to sock away enough money from their last three game checks -- or the fund that was set up by established veterans that allows young players to withdraw up to $60,000 in order to meet expenses -- will run out of money.  That will hurt.

In the coming months, you'll see a lot of human interest stories about how the common man is being affected by the lockout.  Joe the Ticket Broker that had to sell his house because there were no tickets to broker.  Joe the Ticket Taker who couldn't send his son to Math Camp this year because he couldn't supplement his income by taking tickets on Sundays.

Well, that's a load of crap.

The ticket broker can broker other kinds of tickets.  If the ticket taker can't find another way to make money than working 24 hours each fall scanning tickets, maybe his kid won't do so well at Math Camp (provided bad math skills are hereditary).  People who sell tickets to sporting events are still sales people.  They will find another job.  The NFL will keep all their back office people and front office people because they legitimately believe there will be football soon.  It would be a bigger deal in Pittsburgh if PNC or Ariba shut down for a year.

Then there will be talk of how the local economies in NFL precincts will suffer because the average football game pumps $XXX million into the local economy.  That's a load of crap, too.

There have been no valid economical studies that have proven conclusively that professional football helps any local economy in any way.  The games are played in publicly subsidized stadiums, roads are closed down on Sundays to accommodate pedestrian traffic, unnecessary traffic jams are caused, and public transportation efforts need to be boosted on a day that is usually slow for public transit.  If anything, professional football games take from the local economy.  If you don't blow $200 on a ticket, parking, food before and after the game, and beer at a Steelers game, you will blow that $200 somewhere else.  Maybe at the casino, which is heavily taxed and funds public works programs.  Maybe at Home Depot, which employs people locally and pays local taxes.  The point is that you'll spend that money somewhere and you'll probably won't all do it in a concentrated area in a five hour period that will clog highways and spike drunk driving.

NOTE: I am not saying that football games are bad or that anyone who goes to a football game is an idiot.  I love football games and I love going to football games.  It's my second-most favorite thing in the world.  I'm just saying that anyone who claims that NFL games add value to their respective local economies is full of bullcrap.

The only economy that could potentially be hurt is the City of Indianapolis.  They're progressing as though next year's Super Bowl will actually happen and it will happen in their city.  They've already invested money in fixing up the city and building facilities and have allocated resources in anticipation of the event.  If the Super Bowl doesn't happen -- and that's way, way long term -- the City of Indianapolis gets hurt.

Who does the lockout help?

For right now, in order of helped the most to helped the least:
  1. All other sports.
  2. Good teams with consistency at coach and coordinator (yes, this means the Steelers).
  3. The owners.
  4. Older veterans. 
Arena ball and the UFL are helped by the fact that they're the only pro football out there.  They're not seeing a huge uptick in interest, but the Game of the Week for the AFL is still playing on NFL Network and more fans will flock to other forms of football -- any other forms of football -- as this labor dispute drags on.  If the AFL and UFL can continue to churn out a quality product, fans will move over to them in droves.

The Penguins have a license to print money in Pittsburgh, but the Pirates are the red-headed step-child of Pittsburgh sports.  If we reach July and there is no end to labor issues in sight, sports fans will start coming out to the yard no matter how bad the Buccos are at that point.

In major markets that have lots of options such as New York, Philly, Phoenix, Atlanta, and the Bay Area, basketball, hockey, and baseball will see boosts in attendance.

Any NFL team that has employed the same offensive and defensive system for a while will be helped pretty considerably and will have a tremendous advantage over teams in transition.  The Steelers aren't usually big players in the free agent market and have a veteran roster that has been in the same system for the past four years (even longer on the defensive side of the ball).  The Packers will get all the guys back that were on IR last season and the Patriots have 23 picks in the first 45 of the draft (estimated).  Basically, the rich will get richer and teams like the Colts, Chargers, and Saints, which have consistency at quarterback, will thrive after the lockout as well.

Ownership benefits because they don't have to pay to keep facilities open in the offseason and run offseason programs, which all cost money but don't add any tangible value or revenue.  Older veterans benefit from this provided they can keep themselves in shape.  They can take the offseason to rest, heal, and condition, getting themselves ready for the regular season.

In the long term, the lockout only benefits sports other than the NFL and only hurts the bottom line of the players and the owners.  Both parties know this, so they will get something done at some point.

When can we expect this to be resolved?

It depends on whether or not the judge comes to a decision and when the appeal is heard.  Both sides were preparing themselves for a lockout and the players have been surprisingly resolute.  No one will really start losing serious money until regular season games are wiped off the schedule.  The NFL has a tendency to wait until the last minute on all decisions, which means that negotiations could last deep into August.

I don't think either side is dumb enough to allow the 2011 season to be canceled, but you never know. 

6 comments:

  1. This may be the most short-sighted thing you have ever written. The #1 victim of the lockout are the thousands and thousands of people whose jobs it will eliminate. Sure, the ticket brokers will be okay, but how about the people who work in TV production or the stadium vendors or the ushers or the sellers of merchandise? How do they feel when they are out of a job because certain people can't figure out how to slice up $9 billion?

    And while I don't have a conclusive study about football games generating local revenue at my fingertips, they are out there, and do you really even need one when common sense can validate that hypothesis? When the Jets play in Pittsburgh, hundreds if not thousands of New Yorkers come into Pittsburgh to spend money on local businesses - and lots of it, since they're elated to find that things in Pittsburgh cost about 40% of what they do in New York. You think these fans are still going to come to Pittsburgh and spend money just to see Schenley Park? No, they're not.

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  2. RE: Thousands of people losing their jobs. I think this will happen if the lockout goes beyond the 2011 season. Aside from that, you're talking about eight games that ushers and vendors can make up elsewhere. They'll have to think outside the box a little, but, just like bars and restaurants located near stadiums, it was short-sighted of them to tie their entire livelihood to one thing. Local sports TV crews will find something else to cover until the NFL comes back. The NFL Network will most certainly survive and ESPN has been all over lockout coverage in addition to covering the draft like there isn't an elephant in the room.

    RE: Economic benefit. Every study I've seen has been funded by either the Players Association or the NFL and economists have roundly rebuked those studies because they're not objective. I don't see a lot of out-of-town fans at Steeler games, but I can tell you that the largest number I've seen has been under 1,000.

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  3. It may be less of an effect on Pittsburgh, since there is a waiting list for season tickets, making it more difficult for visiting fans to score seats. Places like Detroit, New Orleans, and Buffalo that rely on out-of-town fans to fill their stadiums and avoid local TV blackouts will be more adversely affected. The number of Falcons or Panthers fans I would see in the French Quarter when those teams were in town was enormous.

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  4. Even still, I bet a lot of Steelers fans from surrounding areas like Johnstown or McKeesport or whatnot attend Steelers games and patronize Pittsburgh bars, restaurants, and hotels on weekends. That business won't be there, either.

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  5. That's a good point about New Orleans, even if it is more of a destination spot than Pittsburgh.

    I know people coming into the city add money to the city's economy, but they also put a strain on the infrastructure. That's the point. The extra people add a lot, but they also subtract a lot.

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  6. But, ultimately, my take on it was to combat the flurry of, "ZOMG, the Lockout is destroying lives and crippling local economies!" Those are coming. I did exaggerate, I'll admit, but I think it balances what's coming.

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