NFL Week 3

[CountDeMoney]

In short:  the use of replacement referees by the league is creating an unsafe work environment for the players;  therefore, the league could be in breach of the collective bargaining agreement.  And you know what that could mean.

Eh, no.  Players who cheap-shot and lead with their helmet create the unsafe work environment.  And league fines for such things are often protested by the NFLPA.

I appreciate your union hate, I truly do...but the NFLPA may still have a different definition of what constitutes an unsafe work environment than you do.

While it is true that the current collective bargaining agreement does contain a "no strike" clause, there is an exception that I think the NFLPA may be considering. 29 USC 143 permits a worker from refusing to work in an "abnormally dangerous condition.". The lead NLRB case in this issue is TNS 309 NLRB 1348 (1999). This type of argument crystallizes the minute an NFL player is injured because of a bad call.

The U.S. Court of Appeals for the Sixth Circuit enforced the NLRB's order in the TNS case, which involved employees at a nuclear plant who were exposed to unsafe levels of radiation and who walked off the job. The NLRB said the workers were legally entitled to do so under 29 USC 143 because of a good faith belief and objective evidence (including evidence of kidney damage and abnormal levels of uranium exposure) that they were being harmed.

Clause 29 USC 143 of the NLRB permits a worker from refusing, in good faith, to work under "abnormally dangerous conditions", and 29 USC 143 is applicable to NFL labor conditions.

http://sports-law.blogspot.com/2012/09/destination-abnormally-dangerous.html

[CountDeMoney]

I'm not a labour lawyer - that area is its own special brand of fun, but I have a passing knowledge of the area.  And the term "unsafe work environment" is a specific term. 

Once again, thanks for the foreign jurisprudence that doesn't apply to US law, Martinus.

[Grey Fox]

I'm not a labour lawyer - that area is its own special brand of fun, but I have a passing knowledge of the area.  And the term "unsafe work environment" is a specific term. 

Once again, thanks for the foreign jurisprudence that doesn't apply to US law, Martinus.

Why not? Sometimes even your surpreme court might quote foreign decisions.

[FunkMonk]

Penn State Day Care dismantled Meatheads 135 - 51 while also putting up the second-highest point total this season. These two teams have matching 1-2 records, but Penn State Day Care has a clear lead in points, 299 - 219. It was a bragging-rights result, and the 84-point margin of victory was the highest recorded in the league this season. Penn State Day Care started one player with zero points while Meatheads served up two goose eggs, meaning both teams could have scored more points.

[CountDeMoney]

I'm not a labour lawyer - that area is its own special brand of fun, but I have a passing knowledge of the area.  And the term "unsafe work environment" is a specific term. 

Once again, thanks for the foreign jurisprudence that doesn't apply to US law, Martinus.

Why not? Sometimes even your surpreme court might quote foreign decisions.

The Olympics are over, Team Canada's been dispersed, so back off.

[MadBurgerMaker]

Well that was a helluva weekend in football. 

[Barrister]

I'm not a labour lawyer - that area is its own special brand of fun, but I have a passing knowledge of the area.  And the term "unsafe work environment" is a specific term. 

Once again, thanks for the foreign jurisprudence that doesn't apply to US law, Martinus.

Hey dumbass - I was agreeing with the point you were making.  That NFL players could, if they felt that strongly that it is unsafe, refuse to play.

And then all hell would break loose.

[CountDeMoney]

Hey dumbass - I was agreeing with the point you were making.  That NFL players could, if they felt that strongly that it is unsafe, refuse to play.

And then all hell would break loose.

Thing is, I'm not sure a work stoppage or refusal to play would be the best move, even if legal--perhaps a petition to get the courts to compel the league to end the lock-out with the referees;  that would be a proactive legal act to address the issue and still allow the league to continue operations, wouldn't it?

[derspiess]

Hey dumbass - I was agreeing with the point you were making.  That NFL players could, if they felt that strongly that it is unsafe, refuse to play.

And then all hell would break loose.

Thing is, I'm not sure a work stoppage or refusal to play would be the best move, even if legal--perhaps a petition to get the courts to compel the league to end the lock-out with the referees;  that would be a proactive legal act to address the issue and still allow the league to continue operations, wouldn't it?

Yes.  We should get the courts involved whenever possible.

[CountDeMoney]

Yes.  We should get the courts involved whenever possible.

MUST DESTROY ALL PENSIONS BY ANY MEANS NECESSARY

[Barrister]

Hey dumbass - I was agreeing with the point you were making.  That NFL players could, if they felt that strongly that it is unsafe, refuse to play.

And then all hell would break loose.

Thing is, I'm not sure a work stoppage or refusal to play would be the best move, even if legal--perhaps a petition to get the courts to compel the league to end the lock-out with the referees;  that would be a proactive legal act to address the issue and still allow the league to continue operations, wouldn't it?

Except it undercuts their fundamental argument - it can't be all that unsafe if the players are still willing to play.

[MadBurgerMaker]

Hey did anyone watch the Dallas - Tampa Bay game?  What was this all about?



Apparently that's the refs hat being tossed in there and taking out Kevin Ogletree.

[derspiess]

Hey did anyone watch the Dallas - Tampa Bay game?  What was this all about?



Apparently that's the refs hat being tossed in there and taking out Kevin Ogletree.

I heard about it on the radio but hadn't seen it until just now.  The way it was described on the radio I figured they were exaggerating.  I guess not

[CountDeMoney]

Hey did anyone watch the Dallas - Tampa Bay game?  What was this all about?

Yeah, I was watching that game when it happened;  Ogletree was pushed out of bounds earlier in his route--when the receiver is pushed out of bounds and then returns into the field of play, the ref throws his hat, not a flag.
Of course, he didn't have to throw it that fucking far.

[MadBurgerMaker]

Yeah, I was watching that game when it happened;  Ogletree was pushed out of bounds earlier in his route--when the receiver is pushed out of bounds and then returns into the field of play, the ref throws his hat, not a flag.
Of course, he didn't have to throw it that fucking far.

Don't they drop the hat where they stepped out though?  What could possibly be going through that guy's head?  "He stepped out of bounds <x> yards away, so I'll just throw this hat in front of him!"