NFL Labor Capsules: NFL, players struggle through lockout limbo
MINNEAPOLIS (AP) — The NFL clearly isn't ready to get back to football and fans won't like the sound of this, either: Both sides are headed back to court.
U.S. District Judge Susan Richard Nelson, who sided with the players and lifted the lockout this week, gave players a Wednesday morning deadline to tell her why she shouldn't grant the NFL's request to put her order on hold.
If Nelson denies the league's expedited motion for a stay, the owners will ask the 8th U.S. Circuit Court of Appeals in St. Louis for the same thing. They're also asking the appeals court, viewed as a more friendly venue to the league than the federal courts in Minnesota, to overturn Nelson's decision.
And while that all plays out, the $9 billion business is in limbo.
In one of the oddest days in NFL history, players showed up at their team headquarters Tuesday and most were told they were welcome to come inside as long as they didn't participate in "football activities."
Most left in a matter of minutes with more questions than answers.
"It drives me insane, that's what it does," said Chicago rookie J'Marcus Webb, who was told he and a handful of other Bears couldn't use the team's weight room. "I'm trying to eat healthy and work out, do my job and right now I'm just stuck at home working out and watching cartoons all day.
"What's up with that? Let me get back to what I do best."
That could take a while. The 2011 season, and the business between 32 teams and their thousands of anxious players, are in a holding pattern. The NFL said it needed "a few days to sort this out" and provide some rules for everyone to follow.
"We are in the process of determining throughout the league as to just how we'll proceed and when we'll open the new year across the league, the new football year," Dallas Cowboys owner Jerry Jones said. "We have not done that."
In a question-and-answer memo distributed by the NFL Players Association and obtained by The Associated Press, free agents were told they can contact teams and shop their services, putting pressure on the NFL to set up a free-agency system that complies with antitrust laws.
The document also told players that teams are responsible for care of any football-related injury, meaning it's "safer for players to work out on club property."
NFL lead negotiator Jeff Pash said it was too soon to tell exactly when free agency would begin and which players would be eligible.
"What we need to do is let the dust settle for a day or two and see if the stay is put in place, and then we'll all know more and go from there," Pash said.
He expressed optimism and confidence about the league's case — and the appellate court.
"On these issues in particular, the history of appeals court rulings has been quite different from how trial courts have looked at this," Pash said. "We feel we have very credible legal arguments to assert, and we'll know in a short period of time whether we're right or not."
At least the draft will be held this week, even if free agency and personnel swaps are up in the air. Few players, if any, are expected to show up at team facilities until things clear up.
Said New York Jets defensive lineman Mike DeVito after a fruitless visit Tuesday: "It was like a ghost town in there."
"It's very chaotic for the teams right now," agent Drew Rosenhaus said. "It's not chaotic for the players. Our position is the lockout is over, free agency should begin, signings should begin, offseason workouts should begin, everything should be going on."
If Nelson's ruling is upheld — by the judge herself or the appellate court — the NFL must resume business in some fashion.
It could invoke 2010 rules requiring six seasons of service before players can become unrestricted free agents when their contracts expire. There also was no salary cap in 2010, meaning teams could spend as much — or as little — as they wanted.
Green Bay Packers president and CEO Mark Murphy suggested that might be the plan.
"What we would probably do if Judge Nelson and the 8th Circuit deny our request for a stay would be play under the same rules that we had last year," he said. "It's 2010 rules, those were agreed to by the players in the collective bargaining agreement, I think that's probably the rules that make the most sense."
James Quinn, a lawyer for the players from Weil, Gotshal and Manges in New York, said if the league comes up with rules "we think they're reasonable and legal, then God bless. If not, then we'll keep fighting about it in court."
Owners imposed the lockout after talks broke down March 11 and the players disbanded their union, clearing the way for an antitrust lawsuit still pending before Nelson. She ordered the two sides into mediation, but four days of talks with a federal magistrate ended with no signs of progress, just as 16 days of mediated talks did earlier this year.
The two sides are not scheduled to meet again until May 16, four days after another judge holds a hearing on whether players should get damages in their fight with owners over some $4 billion in broadcast revenue.
The fight seems likely to drag on through the spring. The closer it gets to August, when training camps and the preseason get into full swing, the more likely it becomes that regular-season games could be lost.
NFL ready to turn to appeals court in lockout spat
MINNEAPOLIS (AP) — Handed a setback by one judge this week, the NFL is preparing to call on another court for help in this fight with the players over the present and future of the $9 billion business.
U.S. District Judge Susan Richard Nelson sided with the players and lifted the lockout, and she said Tuesday she’ll hear from them Wednesday morning before considering the league’s request to put her ruling on hold.
If Nelson denies the NFL’s request for a stay, the owners will ask the 8th U.S. Circuit Court of Appeals in St. Louis for the same thing. They’re also asking the appeals court to overturn Nelson’s decision; the 8th Circuit would have "de novo" jurisdiction, meaning it can consider the case anew.
"We believe that our legal position is meritorious," NFL lead negotiator Jeff Pash said. "We believe it will be upheld on appeal."
The 8th Circuit has tended to lean to the right with its rulings, but it’s not certain that would actually help the NFL. After all, the NFLPA shed its union status, and ordering the players back to organized labor doesn’t fit with a pro-business, employer-friendly trend.
The league expressed optimism and confidence about the case, regardless of any particular judicial views.
"On these issues in particular, the history of appeals court rulings has been quite different from how trial courts have looked at this," Pash said. He added: "We feel we have very credible legal arguments to assert, and we’ll know in a short period of time whether we’re right or not."
Pash pointed to the NFL’s prompt filing Monday night of an expedited request for the stay as proof the owners aren’t dragging their feet to keep from starting the league year before they’re ready.
John Hancock Jr., a labor lawyer in Detroit for the firm Butzel Long, said he believes Nelson’s order was thorough enough to be stay-proof.
"Once you find that there’s immediate and irreparable harm, which is the basis for the injunction, it’s hard to say you’re going to wait a while to put that into effect," Hancock said.
That the players gave up union status, he said, also might make it difficult for the league to win the appeal.
"Once you agree to that ... the law is pretty well settled," Hancock said.
Seth Borden, a labor law expert at McKenna, Long and Aldridge in New York, said he believes Tuesday’s chaos around the NFL could actually help the NFL’s argument for a stay.
"The confusion — about trades, free agency, signings, workouts — possibly provides the league with an argument that until the appeals can be heard, it doesn’t make sense to go forward with a new league year," Borden said. "The NFL could try to argue that doing so would cause irreparable harm to the league, if the lockout is reinstated on appeal and there have been signings and trades made under the old agreement."
Borden also said although he saw Nelson’s ruling as "very thorough and well-reasoned" he felt she "gave the players a pass" on the irreparable harm issue by essentially placing the blame for the work stoppage solely on the owners.
-- Dave Campbell
NFLPA memo: Free agents can shop their services
The following question-and-answer memo, obtained by The Associated Press, was distributed by the NFL Players Association on Tuesday afternoon:
"Follow-up Q&A’s about Brady, et al v. NFL: Judge Nelson Orders Lockout Lifted
Judge Susan Nelson issued a decision in the Brady lawsuit declaring the NFL’s lockout to be illegal and ordering the NFL and its clubs to end the lockout at 6 p.m. EST on April 25, 2011. The following Q&A’s should answer some of the questions you may have about what this means for you as a player and where the case will go from here.
1. Why did Judge Nelson issue this order? When the players in Brady v. NFL initially filed this action the most immediate goal of the lawsuit was to have the court stop the lockout that the NFL had imposed which prevented players from playing football. They filed a motion with Judge Nelson asking her to order the NFL to enjoin (stop) the lockout, and she heard arguments on that motion on April 6, 2011. At that time, the players’ attorneys argued that that once the players decided the NFLPA should give up its status as their union at the expiration of the last CBA, the antitrust laws apply to the owners thereafter and prevent them from locking out the players in an effort to reduce player compensation.
2. What is the effect of this decision?
This decision requires the NFL to end the lockout. This means that, unless or until Judge Nelson or the 8th Circuit Court of Appeals issues an order "staying" (delaying) the injunction, the owners have to end the lockout immediately, as of the time the order was issued, which was 6 p.m. EDT on Monday, April 25, 2011. The NFL filed an order requesting a stay (delay) of the injunction the evening of April 25, and Judge Nelson will consider the NFL’s request. The Players response to the NFL’s request is due at 9 a.m. CDT on April 26, 2011. Unless and until Judge Nelson issues an order granting the NFL’s request to stay (delay) the injunction, the lockout remains lifted. We will keep you updated on the Judge’s ruling on the stay motion.
3. Is the NFL taking any steps to try to delay this order?
Late on April 25, 2011, the NFL filed a motion requesting a stay (delay) of her order to stop the lockout while the NFL appeals her decision to the Eighth Circuit Court of Appeals, and Judge Nelson stated the next morning that she will consider the NFL’s request. The Players response to the NFL’s request is due at 9 a.m. CDT on April 26, 2011. Unless and until Judge Nelson issues an order granting the NFL’s request to stay (delay) the injunction, the lockout remains lifted. We will keep you updated on the Judge’s ruling on the stay motion. If Judge Nelson does not agree to a stay (delay) of her order, the owners likely will appeal her refusal to stay the injunction to the Eighth Circuit and make the same request for a stay (delay) from the appellate court.
4. I am not under contract and am currently a free agent, does this mean I can shop my services to teams right now?
Unless and until Judge Nelson or the Court of Appeals issues another order, the lockout has been ordered to end immediately, and if the NFL does not comply, it would be in contempt of the court order. So, until you hear otherwise, if you are not under contract, Class Counsel believes that you and your agent can contact teams and shop your services to the clubs. Judge Nelson’s order is in effect as of 6 p.m. EDT on April 25, 2011, and unless and until that order is stayed, the clubs are not allowed to refuse to negotiate with you. If they do refuse, you should contact Class Counsel immediately (contact information is listed below.) The NFL must put in place a free agency system that complies with the antitrust laws.
5. Does this mean teams have to open their doors to players under contract?
Again, unless and until Judge Nelson or the Court of Appeals issues an order staying (delaying) the lifting of the lockout, teams have to reverse the steps they put into place with the lockout, and open their doors to players under contract. If you are under contract and you choose to go to the team’s facility, class counsel believes that the club must allow you access to the facility and staff or the club will be in violation of Judge Nelson’s order. Please inform class counsel immediately if you have any problems from your club with access to the facility and/or staff. If you are under contract, your NFL club will likely send you instructions relating to off-season workout programs and any other rules they may have relating to the off-season.
6. Do I have medical insurance while the lockout is enjoined?
You do not automatically have medical insurance while the lockout is enjoined (if you already paid for COBRA, you have insurance through COBRA). Each team must decide whether to provide health insurance for their employees. However, all player contracts state that the club is responsible for medical care for any injury related to football, and arbitrators have ruled that this obligation is limited to injuries on club property under club direction. It is therefore safer for players to work out on club property.
7. What is the timetable going forward?
You should expect decisions from both Judge Nelson and the Court of Appeals on whether or not to stay (delay) the order lifting the lockout within the next week or so. If the order is not stayed or delayed, then the lockout would be lifted and the players can return to work immediately. If the stay is granted, then the lockout will continue until the Court of Appeals rules on the lockout which will likely take until sometime in the early summer. We will keep you updated regarding the status of the stay."
Team Labor Capsules
NFC
Redskins players show up, not allowed to work out
ASHBURN, Va. (AP) — Lorenzo Alexander's workday at Washington Redskins headquarters lasted all of 8 minutes. Anthony Armstrong was there only a little longer.
The two players arrived at Redskins Park on Tuesday morning, hoping to get in a workout after hearing that the NFL lockout had been lifted. They were met by general manager Bruce Allen in the lobby and were told they would be allowed in the building and little else.
"It was a little weird," Armstrong said. "It felt like you were sneaking into the club or something like that, and they knew you weren't supposed to be in there but they hadn't done anything about it yet. Just a little awkward. Just wish you get in there and so some real live work, looking at film, getting on the field."
Alexander said that even though the lockout had been lifted, he was told the Redskins wanted to get a "crystal clear" understanding of all the ramifications of the ruling on Monday by U.S. District Judge Susan Richard Nelson in Minneapolis.
"The legal jargon and stuff sometimes can be very complicated," Alexander said. "Just went in there, it was not a scene or nothing. Just talked to me real quick, so I picked up my mail and I'll go work out now where I've been training at."
Both players knew the lockout could be put back in place at any time. The NFL was asking for Nelson's ruling to be put on hold during an appeal.
Alexander said he would call his teammates and tell them there wasn't much reason to show up. There was one motivation for some players to drop by — they have workout bonuses in their contracts.
"I do have a workout bonus," Alexander said. "And since the lockout is lifted out, I wanted to make sure I took full advantage to come up here and work out because I don't want some technicality to happen later: 'You didn't show up. You didn't come.' And then I'm out of my workout bonus. I play this game because I love it but I also want to provide for my family."
Alexander made another lockout statement by his choice of vehicle. Rather than the usual high-end gas guzzlers favored by most NFL players, he drove up in a small hybrid.
"I'm saving some money in the lockout," he said.
-- Joseph White
Packers players stay away from Lambeau
GREEN BAY, Wis. (AP) — The gate to the players' parking lot at Lambeau Field was wide open early Tuesday morning after a court decision lifted the NFL lockout. The Green Bay Packers stayed away. Even if players had returned to Lambeau, it's not like they would have truly gotten back to work.
Packers president and CEO Mark Murphy said he wasn't aware of any players showing up at Lambeau after a federal judge issued an injunction Monday that ended — at least for now — a lockout imposed by the owners.
"No, we have not heard of any players showing up," Murphy said. "We were prepared if they did. But I think most of the players are out of town."
In keeping with a policy followed by most NFL teams Tuesday, the Packers planned to allow players back into the building — but not let them work out there, at least not yet.
"What we talked about was, invite them in, sit down with them, just explain the situation that we've requested a stay," Murphy said. "We'll know in a couple days, (we) just need a little more clarity from the court."
The owners are appealing the decision of U.S. District Judge Susan Richard Nelson. They're also seeking a stay that essentially would keep the lockout in place while the ruling is under appeal.
Murphy said owners don't want to resume league business if another shutdown is looming. Ideally, he said, owners prefer that the two sides agree on a new collective bargaining agreement before the league goes back to business at all.
"Hopefully, we'll get the stay, and I think that would provide more order," Murphy said. "It would be a little chaotic if you start the league year, and then unstart it in two months."
Murphy, a former NFL player who has a law degree from Georgetown and once worked for the players' union, says both sides' images take a hit during a labor dispute.
"I think, having been through a couple of these in the past, I don't think fans really feel good about players or owners in this situation," Murphy said. "Unfortunately, when you get out of the collective bargaining realm and into litigation, both sides lose control over timing, decisions, it's really in the hands of lawyers and then ultimately judges, court of appeals. That's why for us, the best scenario is a comprehensive collective bargaining agreement that addresses anything."
Even amid all the legal struggles, Murphy still says the two sides still can work out a deal.
"I think in the most recent round of mediation, you were so close to a decision from Judge Nelson, I think there was a sense on the players' side, 'Well, let's wait and see, we think we're going to have a positive ruling,'" Murphy said. "From our perspective, I think the mediation before the federal mediation service was very productive. I think any time that we're together and talking with the players, that's a positive. But in order for us to ultimately get where we want, we're going to have to start really negotiating and getting back to collective bargaining."
Many Packers players indicated on their Twitter accounts that they were out of town or working out elsewhere Tuesday. Backup tight end Tom Crabtree joked that he might do a few tire-spinning "doughnuts" with his car in the Lambeau parking lot Tuesday — a tweet that even got the attention of Murphy's family.
"My son sent a text saying that he'd seen Tom Crabtree had tweeted that — you probably saw the same thing — he'd be doing doughnuts in the parking lot," Murphy said. "I did not see any doughnuts in the parking lot."
-- Chris Jenkins
Gould tries to work out but told no
LAKE FOREST, Ill. (AP) — A few more players showed up at Halas Hall than Chicago Bears management had planned to see.
On a day when the annual Brian Piccolo awards were given out to veteran defensive tackle Anthony Adams and rookie offensive tackle J'Marcus Webb, a handful of veterans showed up Tuesday, hoping to take advantage of Monday's court ruling lifting the NFL's 45-day lockout by hitting the weight room.
They were kept out of the weight room and locker room, and were told more clarification on the ruling is needed before players can work out or practice.
"It was a brief conversation, they did some hellos and then they left," team CEO Ted Phillips said.
Kicker Robbie Gould, defensive end Israel Idonije and defensive tackle Matt Toeaina were among the handful of players who wanted to work out.
Gould did not describe the scene as confrontational, nor did the Bears.
"Walked into the facility for a workout and was told I couldn't workout until clarification comes from judges ruling," Gould said via his Twitter account.
Gould told ESPN that Phillips and team contract negotiator Cliff Stein cited "fiscal liability" and a fear of players getting hurt as a reason for keeping the weight room closed for now.
Phillips called the players cooperative, but expected as much.
"I don't think there are any hard feelings," he said. "It's never been about the team vs. the players. We love the players. They're what makes the game great. We're hoping that as soon as both sides can get a collective bargaining agreement worked out then we'll be able to get back to playing football, which is what both sides want."
For now, though, players must continue trying to stay in shape on their own.
"It drives me insane, that's what it does," Webb said. "I'm trying to eat healthy and work out, do my job and right now I'm just stuck at home working out and watching cartoons all day. What's up with that? Let me get back to what I do best."
Webb and Adams would have been allowed at the Bears' facility had the lockout not been lifted. It had been arranged in advance because of the Piccolo awards, given out annually to a veteran and a rookie to commemorate the Bears running back who died of cancer in 1970.
A player without a contract, Adams said he wants to remain in Chicago with a new deal after the lockout ends, and it seems the Bears want him to return.
"He's a free agent right now, so we'll just let the process play out," coach Lovie Smith said. "I think Anthony knows how we feel about him. We wanted to sign Anthony before all of this happened. When you look and you see how much a player has played for us, I think it tells you how much we like him."
Several Bears players had talked about organizing team workouts on their own earlier in the lockout, but nothing more has come of that idea. Webb said the uncertainty of the court situation made planning anything difficult.
Smith called it difficult for coaches, as well.
"It's different," he said. "Normally at this time I talk for a little while and we're going out to the practice field."
Instead, the practice field behind Soldier Field is empty, new sod in place.
"I'm patient," Smith said. "But in time, they'll tell us that we can start up and we'll be ready when that day comes."
Quiet morning at Lions' headquarters
ALLEN PARK, Mich. (AP) — The doors were open at Detroit Lions headquarters the day after a federal judge granted a request for an injunction to lift the NFL's lockout.
There was no sign of players Tuesday morning, however. Kyle Vanden Bosch, the team's player representative to the now-decertified union, said that wasn't a surprise.
"I haven't heard that anybody was going to go," the defensive lineman said.
U.S. District Judge Susan Richard Nelson granted the players' request for an injunction to lift the lockout on Monday, but the legal situation remains fluid.
Small groups of players showed up at team facilities around the league Tuesday, let inside but told they would not be allowed to work out. Most left in a matter of minutes.
Vanden Bosch avoided the uncertainty and stuck with his previous plan to work out somewhere else. He advised teammates to do the same.
"That would be what's best for them and best for the team," he said.
Nelson lifted the lockout Monday, writing that she believed it is causing "irreparable harm" to the players. The NFL is trying to get her order put on hold while it appeals the decision."
AFC
Saturday tells Colts teammates to work on own
INDIANAPOLIS (AP) — Colts center Jeff Saturday thinks his teammates are better off staying away from the team complex for now.
One day after a federal judge ended the 45-day lockout, nearly a dozen Indianapolis players went through their new offseason routine at a sports training center on the city's west side rather than drive three more miles to team headquarters.
A steady stream of coaches and staff members entered the building — but no players.
"I told them to wait until the dust settles," Saturday said. "To uproot everybody now doesn't make any sense until we know what's going to happen."
There's no indication the Colts — or any other NFL team — will have clarity for at least a few more days.
Team officials were instructed by the league to treat players with "courtesy and respect" if they showed up, but were also told the league needed "a few days to sort this out" before "football activities" could resume.
For players, that meant no weight lifting, no treatment and, in Saturday's opinion, no need for a public parade of players walking into team headquarters for show.
"Look, the Colts didn't know what would happen with this ruling, so nobody was really prepared," said Saturday, a Pro Bowler and an executive committee member of the now-decertified players' union. "You've got to give everyone a fair amount of time to get things sorted out. To move everyone around for what could be one or two days, didn't make much sense."
NFL owners want the judge's order put on hold. Jim Irsay, the Colts' Twitter-friendly owner, did not immediately respond to an interview request from The Associated Press. He has made only two NFL-related tweets since the lockout decision was issued Monday evening.
One expressed condolences regarding the death of NFL Hall of Famer Joe Perry. The other said: "Excellent column by Roger Goodell in today's Wall St. Journal."
Irsay was referring to an opinion piece in which Goodell wrote that the ruling "may significantly alter professional football as we know it."
Back in Indy, home of next year's Super Bowl, much of the picture remains muddled just two days before the NFL draft.
Saturday acknowledged he didn't know how to advise players about negotiating contracts, unrestricted free agency or whether veteran players can be traded.
"At the end of the day, the NFL has to come up with a plan for when free agency starts, when players can be traded. With no agreement in place, that's up to them," Saturday said. "I doubt they were expecting this (ruling), so I'm sure it will take some time to get adjusted to this. It might take a couple of days."
By then, the league could come up with a policy that allows players to lift and run at the team complex again, which would eliminate the need for working out in other locations around the city.
But what Saturday really wants is a new collective bargaining agreement that allows football to return to some sense of normalcy.
"We just want guys to show up at the complex and be able to work out. We want the hotel and stadium workers to get back to the normal things they do at this time of the year and not keep people in a state of unrest," Saturday said. "The players and owners can continue to argue this out in court, it doesn't have to be done in the court of public opinion."
-- Michael Marot
With lockout paused, Titans visit team facility
NASHVILLE, Tenn. (AP) — Several Tennessee Titans showed up to their practice facility on Tuesday after a federal judge ended the NFL lockout.
They quickly found out they were on their own in their first trip to the facility since the lockout began March 11. Titans coaches and members of the staff mostly ignored the players while preparing for the draft.
Titans player representative Jake Scott arrived at the team's practice facility in his workout gear. But instead of getting a workout in, Scott's stay lasted only 10 to 15 minutes — the time it took for him to have a brief conversation with senior executive vice president Steve Underwood.
"I think the club is in a weird position," Scott said. "They don't really know what to do. They're being told by the league that we're not supposed to be working out. Basically, we're told if we go in the building nobody is going to interact with us. Or if you go in, you're on your own. They're not going to stop us from walking around the building, but they're not going to interact with us if we do go in the building.
"For the time being, if the stay gets issued from the appellate court or not, we're probably better off just continuing the routine that we have," he said.
Linebacker Rennie Curran, quarterback Rusty Smith, tight end Jared Cook and punter Brett Kern also showed up to the facility on Tuesday hoping not only to work out but to get time with and playbooks from the Titans' new coaching staff.
"I was going to try and get a little bit of the offense since we were allowed to show up, but the coaches were busy getting stuff ready for the draft, so they were not even available to see anybody," Smith said. "I do not have a playbook. It is somewhat frustrating. They did answer questions for us. I got to go and get something out of my locker, which was nice, and if I want to, I can go and use the (indoor field). But other than that, it's more or less like the lockout is still in place without it actually being in place."
U.S. District Judge Susan Richard Nelson lifted the lockout Monday and has given the players until 9 a.m. Wednesday to reply to the league's expedited motion for a stay. The NFL questioned whether Nelson exceeded her jurisdiction, and said it would seek an immediate stay of her ruling as well as relief from the 8th U.S. Circuit Court of Appeals in St. Louis.
And even though the lockout is lifted at least temporarily it's anything but business as usual.
"You can't make the strength coach show up, and the training staff show up and the equipment guys. Technically, I guess the building is available to us, I guess that none of the other aspects are," Scott said.
Curran and the others were told that new coach Mike Munchak, who was hired Feb. 7, and his assistants would be in draft meetings all day Tuesday and unavailable to meet with them. The NFL draft begins Thursday evening.
Scott said he wanted "to come in and get a workout and hopefully, meet the coaches and get a playbook and get started on getting ready for this season. Guys like me who are early in their careers, we need this jump. ... We didn't get to meet a single coach, which is understandable.
"The draft is in a couple of days. Like I said, we'll just have to wait and see what happens."
Steelers' union reps arrive for work
PITTSBURGH (AP) — Safety Ryan Clark showed up for work Tuesday. He left less than an hour later, without getting any work done. A chat with his head coach? Yes. A face-to-face discussion with the man recently hired as his new position coach? That, too. A sitdown with the Steelers president? He was even able to swing that.
But one thing he nor backup quarterback Charlie Batch did do, was work out.
"Guys are going to come down and do what they can, but we can't make them allow us to do everything that we want to do," Clark said. "So you know, you come in, we fought to come into the building, (but) I know I can't get a workout here, so I'm going to go grab one and come back and talk to (new Steelers secondary coach) Carnell Lake.
"It is what it is, man."
Clark, the Steelers starting free safety and union representative, hugged Batch, a member of the NFLPA's executive committee, upon arrival at 8:15 a.m. He then exchanged several friendly greetings as he walked around the practice facility.
He smiled and said hello to Steelers' team personnel, facility workers and media members he hadn't seen since the NFL locked out its players some four weeks after the Steelers lost to the Green Bay Packers 31-25 in the Super Bowl.
Clark spoke for less than a minute to reporters as he drove out of the facility on Pittsburgh's South Side about 9:15 a.m. A gaggle of television cameras and photographers had gathered to see if any Steelers showed up a day after Judge Susan Richard Nelson granted a preliminary injunction blocking the league's lockout.
Clark told the Pittsburgh Post-Gazette on Monday that he was imploring his teammates to show up Tuesday morning — even if it was going to be more of a statement of solidarity than to actually practice.
Only Batch and Clark were known to have shown up. Batch drove in at 8 a.m., walked up to the facility's doors but did not enter. He sat in his black SUV until Clark appeared. They walked in together.
Clark chatted with Pittsburgh coach Mike Tomlin as Tomlin sat behind the building receptionist's counter. When Clark was asked by a media member if he could talk, Tomlin answered for him — emphatically to the negative.
Later, after his discussion with Tomlin ended, Clark was again approached and remained friendly, but politely declined an interview.
"Even if I did," Clark said, "you don't want to hear what I have to say, anyway."
Clark also was seen chatting with Lake, a former All-Pro safety with the Steelers. Clark and Batch then spent some time in the cafeteria, but apparently did not make it into the locker room. But his spirits were high throughout. Clark even whistled and sang capriciously as he walked around.
"There wasn't any animosity, there wasn't anything where it was a bad visit," Clark said during his weekly radio appearance on KDKA-FM, of which he appeared on immediately after leaving the facility.
"I'm not leaving there upset. I was excited to go into the building. If I could have got a workout there... that was what I was going to plan to do. But you can't now, so you have to continue to prepare yourself for what we hope is going to be a 2011 season."
Clark was asked if he was given a reason for not being permitted to work out.
"I didn't even ask," he said. "I expected, when the lockout was lifted, that it was going to be back to business. But that was not what was decided by the owners."
Clark went on to explain more about the players' position in the negotiations. He accused the owners of "posturing" by using the proposed 18-game schedule as a smoke screen in a manner of which never was intended to be instituted.
He also said he was eagerly awaiting the ruling on the owners' appeal of Monday's decision.
"We said we want to be on the football field," Clark explained. "We just want to get it done any way we can. This is for the fans. The fans want to see us play football and we want to be out there for them.
"The positive thing about Judge Nelson's ruling is that it wasn't based on feeling. Everything she said wad based on the law. She heard the owner's arguments, and she felt like they had the burden of proof and could not prove these things legally. It wasn't a situation where the judge wants to see football or wasn't a situation where she just wanted to side with the players. She decided that, legally, it wasn't the right thing to do.
"Will the court uphold that? We're not sure. That's what we're waiting for. Either way, we look at it as a positive."
Browns visit facility, leave disappointed
BEREA, Ohio (AP) — Browns wide receiver Josh Cribbs was met inside the door of Cleveland’s training facility by a smiling security director, an unsigned letter from the team — and awkwardness.
"I walked in and it felt like the building was still closed," Cribbs said Tuesday.
Supposedly lifted, the NFL lockout has only grown more confusing.
One day after a judge at least temporarily ended the league’s 45-day labor strife, Cribbs, tight end Ben Watson and punter Reggie Hodges returned to team headquarters, hoping to work out and return to some semblance of normalcy after weeks of following court proceedings from afar.
The trio arrived shortly before 10 a.m., and was greeted at the door by Lew Merletti, head of Browns’ security and former Secret Service director under President Clinton. Less than an hour later, the players left with some unanswered questions and feeling disappointed.
During their stay, the were allowed to visit the weight room and locker room. However, they were prevented from meeting with coaches or getting playbooks.
"It was strange and awkward," Cribbs said of returning to his work place only to find empty hallways and little activity inside a normally bustling building. "It was kind of awkward because we really don’t talk to our security staff unless there is a security issue.
"So, the security issue is us."
Cribbs said Merletti gave the players letters from the Browns urging them to be patient, and outlining the rules they needed to follow inside team headquarters. The players were not allowed in the upstairs offices or to have any personal contact with new coach Pat Shurmur, his staff or other employees.
Even then, there was ambiguity in the message.
While Cribbs didn’t think the Browns could work out, Watson was under the impression the players could have lifted weights if they had chosen to. Watson was asked if he touched the weights.
"Yeah, they didn’t shock me," Watson said, laughing as he talked to reporters from behind the wheel of his Range Rover. "We just wanted to come in and get familiar with being there and we would be allowed to work out. But there was no structure for us."
Cribbs said the players were trying to prove a point by reporting only hours after the judge’s ruling.
"We’re basically showing that we want to work," he said. "We’re basically showing that we’re at work as scheduled. We want to get back at football. We want to continue to play football and we’re eager to get back on the field. We’re showing that when the lockout is over, we’re gonna be here like we’re supposed to at work and to get a job done. That’s what coming today proves."
Watson said the players walked around, briefly visited the locker room and spent a few minutes talking with security personnel.
After they left the building, Cribbs, Watson and Hodges huddled together on the sidewalk entrance before heading to their cars. Watson arrived with Hodges as his front-seat passenger while Cribbs drove alone.
All three said it’s been frustrating not to be able to meet with Shurmur, who was hired in January after Eric Mangini was fired after his second 5-11 season. The Browns are eager to dig into Shurmur’s playbook so they can learn a new West Coast offense and a 4-3 defensive alignment.
"I’m pretty disappointed," Cribbs said.
"We would like to get with the coaches, to get with them because we have a lot to work on and a lot to catch up on," Watson said. "But the coaches can’t do what they’re not allowed to do and for whatever reason at this point they are not able to meet with us.
"Hopefully, we will able to soon and it will be business as usual."
The league promised players would be "treated with courtesy and respect" if they showed up at their team’s facilities. Watson said Merletti was polite and professional.
"He was all smiles. We were all smiles. It wasn’t a confrontational thing," he said. "That’s not what this is. It wasn’t a ‘Watch what you guys are doing.’ Nothing like that. He was just there to welcome us and say that the team and organization is working through some things as far as when they’ll start contact with us, how stuff will start up and when it will start up."
Watson remains optimistic the sides will eventually finalize a collective bargaining agreement. He’s not sure if the judge’s most recent ruling has moved things closer to a resolution.
"We’re obviously closer to the end because we have to be," he said. "Now that doesn’t mean the end is going to be close, but it’s definitely a step in the right direction."
Before pulling away, Watson was asked if he planned to come back on Wednesday.
"I don’t know," he said. "I just wanted to come for one day to see how it goes and see what happens. Stuff changes every five or 10 minutes."
-- Tom Withers
Handful of Jets show up at facility, no workouts
FLORHAM PARK, N.J. (AP) — Mike DeVito rolled up to the security gate outside the New York Jets' facility and a guard got on his radio to let someone know the defensive lineman was there.
"OK, you can let him through," said the voice on the other end.
Permission to enter was granted, but that was about all for DeVito and five of his Jets teammates who showed up for work Tuesday morning.
"It was really awkward being here," DeVito told The Associated Press.
Pro Bowl offensive tackle D'Brickashaw Ferguson, guard Brandon Moore, wide receiver Jerricho Cotchery and linebackers Bart Scott and David Harris arrived separately between 9 and 10 a.m., looking to work out before learning that the weight room and training facility were closed. The players came to work after a federal judge temporarily lifted the NFL's lockout Monday night.
"Being under contract and to come to a place you drive every day, it's kind of weird to not be able to have access to a facility like you normally do," said Moore, an assistant player representative. "To not speak to anybody, everybody's hiding out, not available, nobody's walking the halls. It's awkward that it's come to this."
Each player spent about 15 minutes in the facility before getting back in their cars and heading home — without a workout, a dip in the cold tub or interacting with any of their coaches, including offensive coordinator Brian Schottenheimer and defensive coordinator Mike Pettine.
After Scott left before 10:30 a.m., no other Jets players arrived at the facility during the next several hours.
Some of the players showed up partially because they have large offseason workout bonuses in their contracts, including Ferguson ($750,000), who thought Tuesday should count as a day because he tried to work out.
DeVito said he was immediately met by Ari Nissim, the Jets' director of football administration, and Dave Szott, the team's director of player development, when he entered the facility.
"They said there was no plan in place, so there was nothing going on here," DeVito said. "I was hoping to work out, but the training room was closed, so I went to the locker room, grabbed my cleats and left.
"It was like a ghost town in there."
DeVito said a number of coaches were there — "I saw their cars here" — but weren't allowed to see or speak to them.
The Jets offered no official comment, deferring to the NFL's statement, which said: "We are going to proceed in an orderly way that is fair to the teams and players and complies with court orders. Players are being treated with courtesy and respect at club facilities. We do not believe it is appropriate for football activities to take place until there are further rulings from the court."
A day after U.S. District Judge Susan Richard Nelson ended the 45-day lockout, she said she wouldn't rule on the NFL's request for a stay of her order until at least Wednesday, so she can hear from players — even as attorneys for the players asked for clarification on her order. That left league operations in limbo for at least another day.
"I'm not sure what's next," DeVito said. "I'll talk to my agent and we'll see what goes down."
That's how just about all of his teammates summed up the situation, too.
"We just want to get back to football," Moore said.
-- Dennis Waszak Jr.
No Broncos show up for work
ENGLEWOOD, Colo. (AP) — The lockout was lifted but the gate didn't open.
Denver Broncos players weren't in a rush to return to work Tuesday after a federal judge's ruling lifting their two-month lockout a day earlier.
At about 10:15 a.m., a silver Audi arrived at the team's secured parking lot and the driver punched the code, then sat there for about 30 seconds. When the gate didn't open, he backed up and drove away, declining requests from reporters to stop.
Team spokesman Patrick Smyth said the driver wasn't a player but a businessman who had an appointment with one of the team's coaches.
Smyth said the building was open for business and that the welcome mat was out for any players wishing to enter, saying, "Any players who arrive will be treated with courtesy and respect."
However, those players wouldn't be able to work out in the weight room or do any football-related activities while the team awaits further guidance from the NFL, Smyth said.
A handful of Broncos and former Broncos have been working out at a facility near the Broncos' headquarters. Many of them are scattered across the country as they keep tabs on the labor impasse.
Meanwhile, regional scouts arrived early in the morning as did football chief John Elway, general manager Brain Xanders and coach John Fox to finalize their draft preparations.
The Broncos own the second overall pick Thursday night and barring a trade, they have their sights set on four elite prospects: defensive tackles Marcell Dareus and Nick Fairley, cornerback Patrick Peterson and pass-rushing linebacker Von Miller.
U.S. District Judge Susan Richard Nelson lifted the 45-day lockout late Monday. The NFL asked her to put her order on hold, and she agreed to weigh the request after the players' response is filed Wednesday.
Her ruling lifting the lockout likely diminished the Broncos' chances of trading away the No. 2 overall pick to stockpile more selections because teams may be reluctant to move up if they fear there won't be a rookie salary scale put in place.
The No. 2 pick would likely command between $70 million and $75 million over five years without a rookie scale and about half that if there is one.
-- Arnie Stapleton
Bills CB McKelvin turned away at team facility
ORCHARD PARK, N.Y. (AP) — Bills cornerback Leodis McKelvin was denied entry into his team's facility on Tuesday morning despite a judge's ruling lifting the NFL's lockout.
After arriving at team headquarters around 8:30 a.m., McKelvin was stopped at a security desk inside the building and then was approached by Bills CEO Russ Brandon, the player told The Associated Press.
McKelvin said he was denied entry and that Brandon told him coach Chan Gailey would contact him and his teammates to inform them when they would be allowed to report. McKelvin then left the facility.
"CEO Russ Brandon spoke with Leodis McKelvin inside our facility this morning and simply informed him of the need for more clarification before proceeding with football activities," Bills spokesman Scott Berchtold said. "Their conversation was courteous and pleasant."
At the suggestion of the NFL Players Association, McKelvin was one of a handful of players attempting to gain entry to their respective facilities a day after U.S. District Judge Susan Richard Nelson lifted the 45-day lockout. The NFL has filed a notice of appeal, leaving both sides in limbo.
Nelson has given the players until Wednesday morning to respond to the league's motion to freeze her decision to lift the lockout.
After McKelvin was denied entry he contacted Bills safety George Wilson, the team's player representative.
"If I said I wasn't expecting it, I'd be lying to you," Wilson told the AP. "There's all kinds of ways around and loopholes."
Wilson said he knew of no other teammates attempting to enter the Bills facility.
He questioned the NFL's motives in attempting to continue the lockout.
"Do they really want football, or do they want money?" Wilson said. "With football, you can get football and you can get money. If you get money, you're going to alienate everybody else involved in the business— players, fans."
-- John Wawrow
Chiefs asked to stay away from facility
KANSAS CITY, Mo. (AP) — Things were so quiet around the Kansas City Chiefs on Tuesday, it was hard to tell the 45-day lockout had been lifted.
Chiefs' players apparently followed their leaders' suggestion that they not bother showing up at the team facility even though U.S. District Judge Susan Richard Nelson lifted the lockout Monday evening.
No players were seen coming or going from Kansas City's facility even though some NFL players did show up at team facilities.
Center Rudy Niswanger, the player representative for the former players union, said he and teammate Brian Waters, who has been active in union matters, told their fellow Chiefs to let the dust settle a bit.
Until early afternoon, three television crews had cameras set up on a hill overlooking the parking lot, on the lookout for players coming or going.
"Our suggestion was to wait until some of this cleared up," Niswanger said. "We wanted to give the Chiefs time to decide how the situation would be handled before we showed up and put a trainer, manager or coach in an awkward situation they were not prepared for. Guys have a right by court order to enter the facility so it (is) up to them as individuals what they do. I don't know if anyone will show up, but our recommendation was to give it some time."
-- Doug Tucker
