NFL Players Tell Federal Court They Would Accept Mediation With Owners

Quarterback Tom Brady #12 of the New England Patriots. Photographer: Elsa/Getty Images

National Football League players seeking a U.S. court order ending an owner-imposed labor lockout told a federal judge they are willing to try to resolve the dispute in mediation as she suggested.

Ten players, led by quarterbacks Tom Brady, Drew Brees and Peyton Manning, who sued the NFL last month for antitrust violations after the collapse of collective bargaining talks, stated their position in a letter today to U.S. District Judge Susan Richard Nelson in St. Paul, Minnesota.

The league sent its own letter to the players’ lawyers and the judge offering mediation under the guidance of George H. Cohen, head of the Federal Mediation and Conciliation Service in Washington, Brian McCarthy, an NFL spokesman said via e-mail.

The players’ willingness to go to mediation is subject to the NFL’s agreement and acceptance of the players’ position that the talks won’t be used against them “in some way, for example arguing that such mediation efforts constitute ‘collective bargaining’ or otherwise arise out of a ‘labor relationship,’” according the players’ court filing.

Owners of the NFL’s 32 teams declared the lockout after negotiations to create a new collective-bargaining agreement failed and the NFL Players Association on March 11 said it would no longer function as a union. The players’ suit was filed the same day.

The labor dispute involves the formula by which the New York-based league and its players would divide about $9 billion in annual revenue. The NFL draft of college players is still scheduled to start April 28.

Players Not Paid

During the lockout, players aren’t paid and teams can’t practice, sign new players or make trades.

Nelson recommended mediation yesterday after hearing five hours of attorney arguments over whether she should issue the order and whether the players’ disavowal of their union was genuine or simply a maneuver to deprive the owners of an antitrust exemption while bargaining.

“The goal of the discussions,” according to McCarthy’s message, “would be to resolve all outstanding issues and achieve a global resolution. As part of our proposal, we offered to give the players assurances that they will not compromise any legal position as a result of the discussions.”

James W. Quinn, an attorney for the players, said he’s “inclined to follow the judge’s suggestion” of court-assisted talks rather than pursue the league’s proposal to return to mediation in Washington.

Quinn, of New York’s Weil Gotshal and Manges LLP, said the Washington forum is no longer appropriate because the players union has been disbanded and that he has no authority to proceed there.

“I represent 10 players,” he said. “I can’t negotiate on behalf of a union that doesn’t exist.”

The case is Brady v. National Football League, 11-cv-00639, U.S. District Court, District of Minnesota (St. Paul).

To contact the reporters on this story: Andrew Harris in Chicago at aharris16@bloomberg.net; Aaron Kuriloff in New York at akuriloff@bloomberg.net.ms

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net