NFL counsel Gregg Levy of Covington & Burling commented today on Pro Football Talk.com regarding the NFLPA’s Friday announcement of decertification.
“The union only pretended to decertify in 1990. As history has confirmed, that purported decertification was a sham,” Levy said. “In an effort to protect its ability to repeat the fraud a second time, the union tried in the White settlement to limit the NFL’s ability to challenge in an antitrust court any future attempt by the union to pull off a similar sham. But that limitation could have applied only if the purported decertification occurred after expiration of the Stipulation and Settlement Agreement. The union was in such a rush to get to court that it did not wait until SSA expiration. The league is therefore free to show that this ‘decertification’ is also a sham.”