Players from each team have already voted to give the players association the power to decertify.
Truthfully, the NFLPA could decertify and win more concessions than they will likely receive from mediation.
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So, why does the players association have to decertify to challenge these practices?
The NLRB then holds a vote and if 50% or more of the players vote to decertify, the players association is decertified.
Advantage: The biggest advantage, and the only real reason the players association would decertify, is the ability to file an antitrust lawsuit.
What if the union is able to decertify and enjoin the lockout?
The NBA Players Association, although reports say they have enough votes for decertification, was not nearly as vocal and has yet to decertify.
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The NFL Players Association decided to decertify as a labor organization.
At the National Football League, the players union has been positioning to decertify, a strategy it successfully used after its failed strike in 1987.
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The players had to decertify as a union for collective bargaining purposes in order to be able to seek relief in the courts under the antitrust laws.
In an attempt to thwart a lockout, the NFLPA is gearing the players up to decertify the union, something that was done in 1987 to good effect.
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If the players association does not decertify today, I think it shows that progress has been made in the negotiations before the mediator and an end is somewhere in sight.
Posner brought the big guns to bear, citing the seldom-used All Writs Act to decertify the California class action and accusing Krislov of something close to extortion against Sears.
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If Deloitte still refuses to respond, America's accounting regulator, the Public Company Accounting Oversight Board (PCAOB), could even decertify Deloitte's Chinese affiliate from signing financial statements for firms listed in America.
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According to the recently-expired CBA, if the NFLPA waited until after the expiration to decertify, they would have to wait six months to institute an antitrust lawsuit (the real reason for decertifying).
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Owners believe that the players can do so electronically, but the players want to conduct by paper vote with signatures, just as they did with the vote to decertify to allow proper diligence.
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In May, a group of former third-party presidential candidates, including Nader and Pat Buchanan, and three small political parties sued the Federal Elections Commission, demanding that it decertify the Commission on Presidential Debates.
As explained above, if the players association does not file to decertify before the agreement expires tonight, they will have to wait six months after the date they decertify to file an antitrust claim.
Unless another extension was reached today, the NFLPA had to file a petition to decertify by 5:00 p.m. in order to be able to immediately file an antitrust lawsuit if the NFL institutes a lockout.
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The NFL argues that this is the end game the union has wanted all along and they have engaged in sporadic and half-hearted bargaining, only to be able to decertify in March upon a lockout.
Recall that, with the expectation of getting locked out, the NFLPA had to decertify before the lock out was imposed so that they would be able to more expeditiously address the collective negotiations with owners in court.
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Earlier, as the show began, King said Adams had received a letter from West's family, saying that if Adams discussed West's case on the show, the family would ask the Medical Board of California to decertify him.
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Hancock said he negotiated a contract with a hospitality union that included a clause allowing workers to opt out of dues the employees were threatening to decertify the union otherwise and the money promptly dried up.
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Would the NFLPA decertify again?
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Choosing not to decertify before or immediately after the lockout was not necessarily the wrong choice by the NBA Players Association, as they were right to wait and see what happens with the NFL case, but it does make their effort somewhat weaker than what the NFL players had going into their lockout.
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According to Gould, the NFLPA disclaimed interest prior in 1989 when the NFL had no unfair labor practice claim filed, a sign that if the option to decertify or disclaim were just about the blocking charge, the NFLPA could have gone the decert route over disclaiming interest at that time (See Freeman McNeil v NFL where NFL free agency was eventually reached).
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