Because the last collective bargaining agreement expired in 1987, the NFLPA said it may seek an injunction to prevent the 1989 draft.
"This was a major victory," said Dick Berthelsen, general counsel for the union. "The 1989 draft is in jeopardy."
However, the word impasse is critical.
"Neither plaintiffs nor defendants have requested the court to make a
finding as to impasse on the college draft provision of the agreement," Doty wrote in his 27-page decision. "Accordingly, the court need not address the survival issue on the college draft provision at this time."
Unlike most of the rest of the 1982 agreement, the draft provision expires in 1992 instead of having expired in 1987. But both sides have proposed to change the draft structure because the rest of the agreement has expired.
While Doty ruled last June that there was an impasse in bargaining over free agency, no impasse has been found in bargaining over the draft.
"It was significant that the judge found the antitrust laws don't apply to the draft," said Jack Donlan, executive director of the management council. ''We cannot reach an impasse on that issue before 1992, since the draft has been bargained through that time and is not open to bargaining before then."
In his opinion, though, Doty specifically stated that the court "refrains
from extending it to 1992 as requested (by the owners)."
Berthelsen said the next step would be to ask Doty to rule on whether there has been a bargaining impasse on the draft issue.
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Quarterback Jim McMahon said inactivity had nothing to do with his poor performance in the Chicago Bears' loss to the San Francisco 49ers in the NFC championship game on Sunday.
McMahon completed only 14 of 29 passes for 121 yards and was intercepted once in the 28-3 defeat. He was making his first start since suffering a knee injury in an Oct. 30 game against New England.
