clarinews@clarinet.com (01/18/90)
NEW YORK (UPI) -- An appeals court handed the NFL Players Association a setback Wednesday, denying the union's request that a full panel of judges review a ruling protecting NFL free agency from antitrust attack. In a six-paragraph statement, the NFL said the denial by the nine-judge panel of the Eighth Circuit Court of Appeals in St. Louis leaves standing a November ruling by a three-judge panel. At that time, the panel held the union may not pursue antitrust attack against free-agency provisions of the NFL's 1982 collective bargaining agreement. ``It's not unexpected,'' said Gene Upshaw, executive director of the NFLPA. ``It's very difficult for the courts to reverse themselves. What it shows me is the players were wise in their decision to de-certify the union.'' The NFLPA is in the process of disbanding in an attempt to force the courts to re-examine the NFL's free-agency plan, which union officials contend violates antitrust laws. Upshaw says he will file within 30 to 60 days to bring the antitrust issue before the Supreme Court. Jack Donlan, executive director of the NFL Management Council, said Wednesday's ruling upholds the NFL's right to free-agency rules. ``This serves as a continuing indication to the NFLPA that court actions will not settle this labor dispute,'' Donlan said in the statement. ``Collective bargaining will settle it.''