Brady et al v. National Football League et al

Filing 173

Declaration of Barbara P. Berens in Support of 168 Memorandum in Support of Motion, filed by Tom Brady, Drew Brees, Vincent Jackson, Ben Leber, Logan Mankins, Peyton Manning, Von Miller, Brian Robison, Osi Umenyiora, Mike Vrabel. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F (part 1), # 7 Exhibit(s) F (part 2), # 8 Exhibit(s) F (part 3), # 9 Exhibit(s) G, # 10 Exhibit(s) H)(Berens, Barbara)

EXHIBIT C

COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE NFL MANAGEMENT COUNCIL
AND
THE NFL PLAYERS ASSOCIATION
March 8, 2006

i

ARTICLE LVII
MUTUAL RESERVATION OF RIGHTS:
LABOR EXEMPTION
Section 1. Rights Under Law: Subject to the provisions of this Article, upon the expiration or termination of
this Agreement, no Party (as defined in Article XVIII (Mutual Reservation of Rights; Labor Exemption),
paragraph 1, of the Settlement Agreement) nor any member of the collective bargaining unit shall be deemed to
have waived, by reason of the Settlement Agreement or this Agreement or the settlement and dismissal of other
actions, or the entry into or effectuation of this Agreement or any Player Contract, or any of the terms of any of
them, or by reason of any practice or course of dealing between or among any of the Parties, their respective
rights under law with respect to the issues of whether any provision or practice authorized by this Agreement is
or is not then a violation of the antitrust laws. Subject to the provisions of this Article, upon the expiration or
termination of this Agreement or the Settlement Agreement, the Parties shall be free to make any available
argument that any provision or practice authorized by this Agreement or the Settlement Agreement is or is not
then a violation of the antitrust laws, or is or is not then entitled to any labor exemption.
Section 2. Labor Exemption: In effectuation of this Agreement, the Parties agree that the labor exemption
from the antitrust laws applies during the express term of this Agreement and to any conduct of the NFL and the
NFLPA taken in accordance with the terms of this Agreement during its express term.
Section 3. CBA Expiration:
(a)
Following the expiration of the express term of this Agreement, then, if the NFLPA is in existence as
a union, the Parties agree that none of the Class Members (as defined in the Settlement Agreement) nor any
player represented by the NFLPA shall be able to commence an action, or assert a claim, under the antitrust
laws for conduct occurring, until either: (i) the Management Council and NFLPA have bargained to impasse; or
(ii) six months after such expiration, whichever is later; at that time, the Parties reserve any arguments they may
make regarding the application of the labor exemption.
(b) The Parties agree that, after the expiration of the express term of this Agreement, in the event that at
that time or any time thereafter a majority of players indicate that they wish to end the collective bargaining
status of the NFLPA on or after expiration of this Agreement, the NFL and its Clubs and their respective heirs,
executors, administrators, representatives, agents, successors and assigns waive any rights they may have to
assert any antitrust labor exemption defense based upon any claim that the termination by the NFLPA of its
status as a collective bargaining representative is or would be a sham, pretext, ineffective, requires additional
steps, or has not in fact occurred.

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