Significantly Insignificant said:
I get that it's in their CBA. I just think that at some point that someone would argue that it's an unfair business practice that the employer holds all the cards.
But my point is that even if the courts in the US were inclined to favour labour over management, and after 40 years of being governed by people who think the stock market is a good measure of the economy they shockingly aren't, I still think it's a valid counter-argument to say that whatever problems exist in the current system should be addressed via CBA negotiations as opposed to a court case. Because even as slanted a system as it is, if the players agree to it it doesn't then seem right to turn around and sue on the basis of something you agreed to.
Because the PA, who remember would be the ones in court actually doing the suing, would either have to answer why they agreed or why they're suing now. Alternately a player could sue individually but if he really thinks it's an unfair system his primary complaint should be against the PA for agreeing to such a crummy CBA.
Significantly Insignificant said:
Sure nobody holds a gun to their head to sign the contract with a team, but nobody held a gun to my head when I went to work for a particular company. If I didn't like it there I could have left. However, if a player signs a contract thinking they are getting to a situation that is going to work for them, and it turns out to be absolutely horrible, they have no way of getting out of that situation except to request a release or a trade, but those requests don't need to be fulfilled.
So I think there's a little bit of a misconception here. NFL players can negotiate fairly open ended contracts. That is to say, there aren't a ton of guidelines on what contracts have to be. Look at the deal just signed by Lions QB Matthew Stafford:
http://profootballtalk.nbcsports.com/2017/08/29/the-full-matthew-stafford-contract-details/
So it's a six year deal and while it's been reported as a 151 million dollar deal, it's really a 6 year/60 million dollar deal with some injury protection. In reality it probably figures to be a three year/90 million dollar deal before it gets renegotiated.
But the point remains, a good NFL football player can go out and sign a six year deal that guarantees he'll get paid 60 million dollars. It will just be reported as a 6 year/100 milllion dollar deal because it will have 40 million dollars in non-guaranteed money that a player is unlikely(or sometimes even designed not to) ever collect. But still, six years and 60 million. Sure that NFL player can be released at any time but they're still making that 60 million.
I think that's what confuses some hockey fans when they talk about guaranteed and non-guaranteed deals. Some hockey fans think that if the league went to a system of non-guaranteed deals that 0% of money would be guaranteed on NHL contracts and that, for instance, in that world a Clarkson-like situation could be walked away from without having to pay him anything. But even in the NFL there is guaranteed money and teams that walk away from contracts still have cap ramifications for doing so.
(It should be pointed out that the NFL cap is obscenely complicated)
So in the NHL's future a David Clarkson situation might result in him signing a different sort of deal, say, 35 million over 7 years but with only half of it guaranteed and so the Leafs could walk away but they'd still have 2.5 million ish on their cap every year of the deal. The idea of having teams just being able to walk away from any contract at any time and have no cap or financial obligations, which some NHL fans actually argue for, doesn't really exist in sports.
The real problem with the NFL isn't so much that deals "aren't guaranteed" because like I said players can negotiate to guaranteed as much money as their leverage dictates. The issue in the NFL is that they've so artificially restricted player's leverage that just about any player in the league who isn't a star quarterback makes less than just about any half-way decent NBA player, despite the NFL being a much more profitable league for the owners.
So to your point, I don't entirely know what you mean by a player being signed to a deal that turns out horribly and who wants to get out of it. But a player unhappy in his situation can always leave the NFL if they want(and, more and more, young NFL players are leaving the league in their prime). Because the argument some people buy is that the NFL is a single employer effectively and they get to decide, like most employers, where their employees work. If I work at Google, and I'm unhappy working for them in Toronto, I can't just demand they assign me to their London office or even negotiate separately with their London office. I can, however, quit Google and go work for a different company. Same idea applies. A Linebacker unhappy with his NFL situation could leave the NFL and go work for someone else.
Now, I don't agree with the above. I think the idea of the NFL or NHL or NBA as a single employer only flies because they have some anti-trust protection because, you know, the New York Giants and Dallas Cowboys are pretty clearly competitors and not local branch offices but until you get real progressive reform in the American Judicial system and labour law, well, unfortunately there will continue to be an exploited proletariat. Viva la Revolution.