In Part 1 of Labour Pains, I analysed the intricacies of the legal battles currently being fought between the players and owners. It all seems so convoluted and drawn-out, yet we are reminded constantly about the importance of this process to the sustainability of the League. The bottom-line is that this lockout is being utilized by the owners as their single, most significant negotiating tool.

Ultimately, the owners want to make the lockout as protracted as possible. If the lockout stretches into September and October then players miss pay-checks. Remember, few football players are in the class of a Peyton Manning, making tons of money with several million more in the bank. Also, remember, guys in the NFL are not usually the most responsible when it comes to financial planning. Kendall Langford and his missing $50,000 earrings are a testament to this fact.

It cannot be emphasised strongly enough that the players have a very limited time in which to have a career. The average career length is three and a half seasons. The players cannot afford to lose any time, both financially and in terms of accumulating accolades. The owners on the other hand, have all the time in the world. They are businessmen who usually have diversified ventures outside of football, and far more money in the bank to provide them peace of mind. It has been predicted that all NFL franchises could easily survive a year, and possibly two, without football being played.

The only hope the players have is to be awarded substantial damages by District Judge David Doty in the TV lockout case. These are separate proceedings regarding the league’s conduct in restructuring broadcast contracts, allegedly to assist them in the event of a lockout; hundreds of millions of dollars are at stake. A result for the players there could help to ease the financial difficulties caused by a lengthy lockout. Without this help, a lot of players will in fact struggle.

This is why it is so easy to find oneself on the side of the players; all they want to do is play football. Of course there is financial motive for them as well in this legal battle, but they are first and foremost fighting for the right to go to work. The longer we have a lockout, the less time there is for teams to practice and prepare for a new season. This will only dilute the product of the NFL if and when the 2011 season kicks off. For teams with an experienced coaching staff and veteran leaders the effect will be lesser, but for teams like the Carolina Panthers with a new Head Coach and a new QB it is the worst possible start to what they hope is a new era.

There are serious issues to be worked out, but the inescapable truth is that the NFL is a business that generates over $9 billion of revenue a year. Of this, the owners currently take $1 billion off the top to cover running costs and the remaining revenue is divided 60/40 in favour of the players. The owners now want an initial $2 billion off the top as they are claiming that they are not making the money they had been previously. All the players asked for in return was for the owners open up their books; if you are not making as much money and running costs are so high, then show us.

The owners have no interest in this and why would they? I am sure there are several questionable ‘expenses’ that they would prefer to be hidden from the world. But this is not good enough. It is true that the average value of NFL teams fell 2% last year, the first decrease of any kind in 12 years according to Forbes. At the same time, it is also true that regardless of this, the average worth of an NFL franchise is still over $1 billion. Furthermore, while the owners may put up the capital there is little to no risk in their investment; the majority of facilities are provided for by taxpayer money and the popularity of the league is unrivalled. Under these circumstances, it is only reasonable that the owners be compelled to prove that they need the extra money.

With all of this legal back and forth both sides are becoming more entrenched by the day and this does nothing to foster a sense of cooperation. We are busy arguing over the legality of a lockout, which is a bargaining tool for negotiation, rather than spending this time, money and effort on the negotiations themselves. We are losing sight of the real issues and the fact that this is a hugely profitable business that makes a lot of money for the entire economy, while entertaining us immensely in the process. We have to follow these legal proceedings as they are so important, but when we break everything down it really tarnishes the image of the NFL as a whole. It makes the league seem childish, greedy and without dignity. No one should be happy with where we are currently, except of course the attorneys.

So the labour pains go on, and will continue to do so for the foreseeable future. What happens in the courtroom will have a big impact on what happens at the negotiating table, and inevitably this will determine if anything will happen on the football field this year. The players, underdogs in every respect now, need to win big in the courts to advance their position. If this happens then there may just be some light at the end of the tunnel. These labor pains would finally result in the birth of a new CBA, and I think all fans will agree that this could not come soon enough.