In 2011, the National Football League Players Association (NFLPA) and National Football League (NFL) team owners negotiated the most recent collective bargaining agreement (CBA), a process which was difficult and protracted. The NFL owners used a process known as a "lockout" to prevent the players from working (and consequently collecting any pay) during the negotiations. The negotiations were very contentious. Ultimately, due in large part to the direct participation of New England Patriots owner Robert Kraft, the parties were able to reach a new CBA.

As the 2011 CBA expires at the end of the 2020 season, in February 2021, the owners and the NFLPA will begin negotiating the terms of a new CBA. The 2021 negotiations promise to be a fascinating labor process, and the seeds of that negotiation are being planted now.

First, as recently as just a few weeks ago, the NFLPA advised its players to start saving money, because, as stated before, employees do not collect any pay during a lockout. In 2021, it is likely that NFL owners will use the lockout (as they did in 2011), with a strategy to force the players to take a worse deal in exchange for being able to get back to work and start earning their salaries again. The majority of NFL players (rank and file players) make at or near the NFL minimum ($465,000 in 2017).

In 2011, when the NFL locked out the players, the players sued to end the lockout. The players won at the U.S. District Court level. The NFL appealed, and eventually, in a decision styled Brady v. National Football League, the Eighth Circuit Court of Appeals reinstated the lockout. However, the court left open the possibility that the lockout may not be allowed for players not under contract (think free agents and unsigned rookie players). If there is a lockout in 2021, look for the NFLPA to, at a minimum, seek to enjoin the NFL from locking out free agents and unsigned rookie players. The more likely route is that the NFLPA will seek an injunction to prohibit the lockout, and try to extend the Eighth Circuit's decision to all players.

Second, the NFLPA has recently challenged certain language contained in rookie player contracts. The NFLPA sent a letter to the NFL arguing that some contractual language violates a provision of the CBA. While the NFLPA has not yet filed a grievance, it has begun that process. By challenging these types of provisions now, the NFLPA is signaling issues that could be front and center in the 2021 negotiations.

While the NFL has not taken any action on the NFLPA letter, it is possible this issue could be further litigated before the 2021 negotiations. The NFLPA could take the next step and file grievances under the current CBA. Through the CBA grievance process, they'll likely seek to revoke the allegedly offending contracts. If the grievance proceeds, we might see an arbitration before the 2021 labor negotiations. Some of the legal issues are whether a player can be required to submit to multiple off-season physicals at the team's request (currently two are permitted under the CBA), whether an automatic repayment provision is allowed (provision that allows a team to automatically collect monies owed for expenses such as fines), and whether language that requires players to secure permission to talk to other teams during the "legal tampering" period of free agency is permissible.

Third, many believe that in the 2021 negotiations, the NFLPA will look to change the Second Circuit's decision surrounding "Deflategate" and Article 46, which gives National Football League Commissioner Roger Goodell sweeping power. This power includes issuing discipline and serving as the arbitrator who decides whether the discipline itself or the process in which the discipline was issued is fair and in line with the CBA.

Look for the NFLPA to raise issues concerning Article 46, and for the NFL owners to counter by offering additional revenue sharing (which equates to more short-term money for rank and file players) in exchange for keeping Article 46 (and the power of Roger Goodell) intact.

It will be interesting to see what role Kraft plays in the 2021 labor negotiations, and if he supports Goodell to retain his current power. The bottom line: Get ready everyone.