Employer vs Employee Issue

Newell Normand
Wednesday, July 11th

Do you think the NFL's national anthem policy 'infringes on the players rights?'  Well that's what the NFL Players Association is contending so they've filed a grievance challenging the policy.  The NFLPA says the league issued the policy without consulting them which is 'inconsistent with the collective bargaining agreement and infringes on player's rights.'  An independent arbitrator will hear the filing.  The NFL policy will allow players to remain in the locker room during the national anthem.  It forbids them from taking a knee or sitting if they are on the field/sidelines.  If players don't comply the teams could be fined and can choose to punish the players.  Do you think this will negatively impact NFL ratings even more?

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Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

We're back allegedly. The players and management had worked out an agreement in a felony NFL Pia is relates to the National Anthem you don't stamp on a national income you can stay in a locked room if you go out on the field. In the presentation of them marketing their product they want everybody to stand up obviously. That was not a satisfactory. Position. Joining us on the line dug sincerity Doug Dario legal analysts and hope and host of all things legal welcome to show Doug. Good morning though so please explain to us it would is Cologne. Term. I got my return they would determine whether the patients about are on the child. But in legal terms. The NFL are. Instituted. A I guess it's very generous. Procedure for the National Anthem. Basically with the says she stated before was that the players to stay in a locker room will be respectful on the field dornin national and it. In NFL has several powers to do that according to the agreements in the collective bargaining agreement first while the commissioner has broad powers. To take any action. All govern any action packed for detrimental conduct Colombia or players. And also mr. or action over game day operation. So arm and also the genes. Have the ability to impose reasonable club rules. For foreign players so they have an adult and we powers. To implement this policy we really don't each approval for NFL PA. And it felt the same all we're doing is very peaceful demonstration. And it not detrimental to the games so therefore have to be collectively bargain bargain and that's where the dispute this. That should corpses dispute. So everybody. Connie in just for the benefit of the listening audience everyone says well you know that you got a First Amendment right to do this year of a First Amendment right to do that first amendment rights or protections against against government. Intrusion. Right and into well any NFL is not a government intrusion. True to what you know. I ought to get a little crazy but then to use these. ESPN and sports commentators lecture us use our wars about the First Amendment they have no idea winters. But the box on resist the NFL players got their First Amendment all right while they're on the field. They do if they feel they don't ever first men like to protest. They're really they're over there really like on one level up from an invited guest. If that's exactly right. In so it you know I'll say this I don't know if you watch on a game on game day got injured former at least be all pro. Player for a nickel state they would Kansas City Chiefs. He's sitting there with a clipboard. It's it's great player does not here this fox pulled out all the way to choose to Obama and his pants he could be 55000. Dollars. Because. The NFL has the ability to legislate or dictate. How the players are act and perform on the field. And if they don't there are subject to rules and or why. Yeah you can all you can have a uniform of the day and they have to adhere to the uniform. Right it's and so to say right now out of India parallel you could appreciate this dual. For example the Dallas Cowboys wanted to peacefully. Pay our respects to the Dallas police officers who were killed and a lot of dignity. The NFL said no you can't do that. You know felt respected. Doubt cowboys didn't like nurtured announced it like it but he respected because the commissioner. Has the ability. To govern game day operation and and those type of issues. So. Where he gets to the point when you have 53 players on roster 32 teams you do the math. You gonna have everybody that it's that's got a different issue of the day that they wanna have been memorial lies and it's all well intentioned again it but you can't manage it. It becomes. Problematic. Well it would issue squeeze. Can be protested what that would issues can't be protested and actually have to give kudos to the NBA atoms Silber. He shut that down or if you've got started. And it hadn't really been an issue with you and an NBA out the NFL national science and policy has had detrimental effects. Q the NFL viewership is down sponsorship is down. Are the surveys regarding. The level of enthusiasm for the NFL from middle America is down. And the NFL has had it commission has a definite right to control the marketing of its product. In this state think that the market their product is impaired. By National Anthem protest. The commissioner has the right to address. So where where does this thing and obviously the the players. Because of I guess a gentleman's agreement that was reached between the NFL PA in the NFL they didn't wanna go into court and wanted to give the NFL an opportunity. Two were mediate this thing because it. The policies one thing. The enforcement of the policy is probably where there's a more of a slippery slope under the collective bargaining agreement than otherwise score. I think that the NFL he would chewed rafts. That is the told the players you have an option it's not count the place you don't have now you have to stand at attention. What is it saying is if you decide not to participate in this actually at the more you have some grievance with its state opera. So it's not like they'd all they're being requested they gave an actual. They're not requested these something against it world purse that they can say in the locker room or not. Now here's my theory I went out and work and a cell no and of the attorney and it felt yet. And we we do this attorneys know as you know sometimes you climbs a wall you. And it all they don't believe Roxy and go to court get run over by the train. And then they'll realize their law. That would I would suspect that there are certain aspects and it's LPGA is they know that the I auto sale odd informed consensus as well informed. But doesn't really understand. How business works on and it now works registered it will narrow view. There's. You probably oh by arbitrator. But we're gonna do it because outlet to Auburn traders say he can't do it rather an ops we pulled reserve sort of coal standing with view. As the NFL PA era. That's a lot of my theory should. But because I just don't see legally and musical collective bargaining agreement that they and it felt PA has any shot. You know under an enough talk about this before. Is that. As employees. You you have certain. Rights under title seven and otherwise. But they're very limited. In most of these states where these NFL teams are in or at will State's. You know yeah you. You enter into negotiations. Vis a vis the union representation in the collective bargaining agreement. You it's a balance of interest you give up rights you get more rights you know for for other things and when you have something like this in your step and out onto this field applying. That's you're at work I mean that's like been a UPS driver and saying I have the right to to put a sticker on Osama ban. That advocates whatever position I want on that day. And I don't care what the UPS or FedEx folks have to say about it because I have a right to free speech that worked out. And I put it in terms when you have lineups inspections. Or official official options you have officers kneeling down went up you know in the presentation of the flat. You have a right to say as we share no stand up and respect this is where you line up this year protocol. If you win I if you're wearing cover hat you salute if not put your hand. On your heart. It is exactly right now in assisted misconception. Because I think people. Pop culture. Takes certain aspects of the constitution apply that without the proper context gesture at first amendment rights but not at work while you're employed. Yeah I mean if you if you think about it you carry to the point of the ridiculous this guest. Polite of a better term if you think about collectively all the employees in this country and when they all go to work that they have a right to say or do whatever they want and stand up for whatever cause it may be could be. Leukemia the heart foundation this that are otherwise. That doesn't have to be a racial equality issue or any other. How do you manage. It's it it would be a 24/7. I guess advocacy. You know after the future rather work going on this is war. And so I think you know again this is the thing that people you know players play these players. 90% of them are going to be moderately in four years. They'd all day it'll you're not the future easily it is here temporarily. And for them to be dictating in the long term. I guess future of the NFL. Is is is sort crazy but. You know again. This team has the right. To market itself in the most favorable fashion and and it's good business never to exclude. Any portion of your. Will be customers which is National Anthem policy dose. Yeah I mean you know look you can walk out of the the goal you can walk out any NFL stadium and go to a public. Piece a land on the sidewalk Hornish dirty into the neutral ground or whatever. Before the game after the game. And say whatever you want. Way way way whenever you want. You know have a banner talk about whatever it is that you want but. You know you're you're really an invited guest when you're there on on the field. And absolutely you place on. And there I mean they played football but they're not educated as to life. They're just not I mean it's quite retort for your soul and RB is very actually aired read. Through it all broke out or say these ships this go or not is. Maybe be all mama sit about it neo colonial on offseason and he really doesn't have any employment he's like you know our. I may not feel now. Job I thought. You know who it is a very sugary action fantasy would you know what's really going on here but I mean basically and it felt needs you know they have a right to control. Look we all went through those years of being very young and we always do those years of thinking that we were not dispensable. Pin and it's so important Tom premature we wake up and we realize 00 wait a minute. I am dispensable I am the center of no universe and I just can't make these demands. That are not based on reason. He. Absolutely lie it's. I think it's I think NFL PA is going through this answers. To maintain its political standing with his players even know I think they know that they have a 90% chance. Now the timing of this real quick Doug because I gotta get to a break is that. Once the NFL puts the rule out in advance of the season has like a time period then it it's it's embraced and they they really under the CB I think they can't say anything at that point in time so there's like this time that this is there's as a window of opportunity to do what they're doing. And at that time was running out before the beginning of this season is correct. Yeah yeah I think really it would and it felt position is NFL PA as those sales we do we can do whatever you want on these rules. Because involved game day operations girls are detrimental conduct. So what you like you're not gonna do you have not a mystery about the issue is that has fallen that pocket or does that follow in the pocket. You know meeting detrimental. Conduct to regain and that the and a and it just some type of collaboration force liberals concerned. Absolutely ducks and seller and thanks so much for joining us W them on our legal analyst and host of all things legal always appreciate your insight thanks aren't ever. You have a great week as well we'll be right back we wanna hear from you 260187. Near Texas at 87870. Will review will be right back this is new rules on debit video. We're back and on the blue runner opinion poll do you think the NFL's National Anthem policy. Infringes on a player's rights 89% of the respondents say no we'll scuttle I want talked to Tony in Metairie what's that you Tony. Good on the loan. Real quick. Last year start looking at their rates are our sport who was one Forbes is what our. Yeah I read it from about the road this season today and in congress 2012. Below the 2012. Season low point. Who wouldn't be protests started. It dropped always want you know are equally. What these union reps aren't talented players. Ending next collective bargaining comes up. And it got where it begins so much what they call witnesses easy to research what they call free money because his money back. Did appetite. Yeah. Oh cool court players and it wrapped scramble. You know to try and other words. And to get away from it everyday they don't care about and the feel bad thing about so it would be and retain its name Reid and lack of suitable. You know go to. And nobody bringing it up and back and shot in triumph in order and so on you know when it comes. Well I guess I think he's got a lot of all the more important issues to deal with that at the present time but thanks so much Tony for Colin in an audit tax line. You guys are racist you are disgusting. And despicable I don't remember talking about race what I remember talking about is is that if any of the members of any of these teams want to abdicate for any particular position. How do you manage that. This is far bigger than what. Colin copper and it wanted to talk about. This is trying to manage wit the advocacy of all of these players desire. And how does that work in an employer employee relationship will be Erica. Under blue runner opinion poll do you think the NFL's National Anthem policy infringes on a player's rights 85% of the respondents. Say. No let's go line three talked Obama in West Bank what's Yuba. No I oh. Discriminatory but I think it's hypocritical. The question that. You add the love. As. You're. An adequate standard to the player employees'. Personal. The same standard. Of the game quietly went deep at that time and and they appear any you're staying ma. You could. Duke it out. People letter. I have the same respect for the flag which they don't. How do you deal that. I don't think I don't think you can quite frankly I think you're wrong there. Because there's not that. Nexus of employer employee relationship. That you have with the players. It is a whole different class of individuals. I guess I just don't understand why. The people can't be required to obtain the same respect that the black and your ticket. But this isn't really about it it's really not about respect to the flag that that was as a symbolic way by which they wanted to protest. What they see our social. Inadequacies in this country. And that the real question is is hollow. It dude does an employee actually have the right to do so while being paid by the employer. Any answer to that question in this country is. No. And you know so for example. A row the raiders tight end Jared Cook said during spring this year we're not just athletes that's true. Were people that live this Dutch true. It's people in our neighborhood that's true. It's people that we grew up with that true that people that we know who were actually living through these circumstances. That's true. So when we speak on its not like we're just speaking out of the side of our neck. That's true it's things and actually touch home and things that we can actually relate to. That's true too I believe all of those things that Jarrett said he's missing the point. The point is is he could talk about this anywhere he wants but not while at work. In this country you don't have a fundamental right to free speech. While at work. You have a fundamental right of free speech against government intrusion. And at the workplace the employer has the right. To restrict. Your ability to do certain things I don't get to come to work in the bathing suit. I might might like to. Could I could distrust a lot of people while walking in here in a Speedo. But you know I don't have that right. Effective. Lawyer can fire you if they don't like. The color your hair because you have a right. To employment. And it. And now do we go cross eyed we've lost sight of it in this in trying to make this a race issue trying to make this is a social justice issue. Trying to make everything other than what it is. You or an NFL player and you happen to have an employee you're. And that employer belongs to an association. Who by the way has been granted. Antitrust exemption and has a lot more latitude than a lot of other people. And that's one of the reasons why you have the CB and everything else that's on on. There for the protection of the player but you don't have all of these rights to do what you want when you want you want. While at work I mean is there any argument that on Thursday night Sunday Monday night that your wore a couple things. Well yeah I think it's disingenuous that. They're demand from the players by the people they ignored. That the. Don't the people don't work for them they're putting on a product that you know in what's happened is is that people have spoken airs at a 10% drop in the ratings. So they're trying to those people that are in that stadium they have been sold. A bill of goods. And they're going there for a reason. And in the overall marketing of that product. Which the player is part of the show. You know that that's what this is it's a show and are part of that show now they may not like that. But they obviously are very talented individuals in their own right this is how they get this is not a maker Lipman. But I don't I don't get to unilaterally decide. That you gonna do whatever you want however you want on somebody else's nickel and and somebody else's forum it doesn't work that way. And that's the problem that we have it isn't about race and didn't about the cause. It's about the rights you have as an employee and a lest we wanna go on a completely different direction. As it relates to that we're not gonna resolve this issue we can make up and put all the smoke screens we want but that's not what this issue's about. Thanks so much for calling in Bob appreciate your insight will be right back and you'll stay on a hole we'll come right back and talk climbs we return. This is a tool and every day ago. On a blue runner people do you think the NFL's nationally at the policy infringes on the players' rights 85% of the respondents say no. Let's go to Jeff on the West Bank would see Jeff on line to. Thank you I ethical. You can do you comment is that it doesn't surprise me that you know you probably. Officer. Put it there really is they did this you that way you think you know police we've seen it. Just think it's indicative. All of them in ultimately don't support. Do not support. Ultimately. Bit. Fight but the key. Now to its recruitment statement today. Went up when a when we see football players ought to be he'll. Be a variety yet what you think that way. Period so it's about. A football player on the field. If you'll pay. Yeah. You know become. An idea. How we talk abroad as the rights that you have legally. Okay. Opposite widget thing. They were just saying football players and not pull out of the military. Indian. Police saw. So what difference in the big. Military. And what difference does win. Welcome by the third win if you're in the navy and you've been beer beer beer playing the national at them. A human nailed down. I don't know. You know it might be out the navy would within two weeks. But because they have been maybe. The government the instead of witness stand up for the National Anthem. Benefit. Is that in. Part of the job of a football player. Is that what it. Puerto if you count is stand up for the national. Would Jeff committed about the employer employee relationship. It doesn't matter and I said it's not about really stand and opera kneeling down for the flag. I noticed. And an aunt and actuality. You wouldn't doubt is the show is mutual respect. It in it doesn't. It it it doesn't matter at the end of the day because they articulated that they would do and it is is symbolic. Of to represent a social injustice. We're not we're not arguing about whether or not. Someone's opinion on it on a social injustices not rooted in reality or not that's not oral argument about. We're arguing about whether or not as an employee you have the right to do so while at work. I wanted to what I wanna. I wanna see. What you wanna see and what the law is may have women are huge chasm between the true. It differ in different well. Amnesty groups of police so before we. Talk about the real issue of it focal though. Police self (%expletive) again in the back culpable police calls this ship began right here this. Technical. Look at it. We was up. Determinant Ferguson you know Detroit. It. It certainly could put itself there riddled with began its results back from big that it is so fit and well. And people say. Why or why. Police are up. And at the same time we ought to be talking about the guys that are shooting to police and end and the citizens who were killing other citizens. Bit district. It was just talk. Let's talk about it all but you know if I just coated to Jared Cook state or just go to Jared Cook statement and say the same thing. If I was a police officer or firefighter or any thing. We're not Jess first responders were people that live this. It's people who aren't its people in our neighborhood and all that we grew up with its people that we know were actually living through these circumstances. So when we speak on it it's not like we're speaking out of the side of our neck I could say the same thing for those folks as well. This is the difference is now. It's a party to go. Through that each phone. Believe they'll come out in the in the report ignored build that door. Acting course is in it people are actually trying to do help. The police. Should one. And I'll put it. In the weight lifted it to. Do we make mistakes. Absolutely there's no perfect hole there's no perfect police officers are there other police officers that are racist. Yes. That have Mellon ten. Yes not any different than any other occupation in America. And ended difference domino that into reality is is that the leaders of these organizations have to do everything that they can to remediation. That situation. We don't know we don't know all the time what's in the hearts and minds of people. I have people every day call me a racist. And they know nothing about it I talk about things in a new tools stance. And because they don't like the outcome of what I have to say I'm more racist. I think that that is what is disingenuous that is what is dishonest. And that is what we need to shed ourselves of in this country if were ever gonna become. A forward thinking society where we begin to realize that we have more in common. Than we otherwise and until we get to there we can make excuses and throw smoke screens up all we want we're not gonna get. Anywhere this conversation is completely about employer employee relationship and what you can do at work. Plain and simple. End of the story. That is yet we'll be right back after the break. We're gonna have to continue this conversation. Another tunnel we've got a California judge rejected president trumps efforts to detain immigrant families long term should he have the right to request and do so we're gonna talk about historically where things are. We've heard a lot about abolish ice it's a terrorist organization. And that. This didn't happen when it was called ion passed Immigration and Naturalization. Service. Sometimes I think people don't ever look at the empirical data. They don't wanna know the truth they wanna know the truth as they want to frame it. But sometimes. When you look. The truth runs counter to what you believe. In many times. The truth hurts will be right back after the break stay with this this is new rule on debit audio.
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