The Seattle Seahawks and the Green Bay Packers would remember the 2012 NFL season all too well. Back then, the league and the NFL Referees Association (NFLRA) failed to reach a collective bargaining agreement (CBA), which led to the referees striking for over 100 days. The league effectively substituted them with lower-level referees from high schools and minor leagues, only to end up with a snowballing controversy.

Yes, I am talking about the ‘Fail Mary’ ruling from September 24. After Seahawks quarterback Russell Wilson threw a Hail Mary pass to wide receiver Golden Tate in the end zone, officials failed to spot an offensive pass interference. A penalty would’ve negated the touchdown. But with the referees disagreeing, the Seawhawks won 14-12. Fourteen years later, history might repeat itself. But former NFL punter Pat McAfee is already ensuring it doesn’t, making a case for the NFL.

“Nope, can’t be doing that,” McAfee said on X. “What we need is these refs to understand that they’re not perfect. We want them to adapt to modern technology. We want them to be for the good of the game, not just for the good of each other, okay?

“Come on, refs, we need you. But we also need you not to be a– in the biggest moments. We need you to care about the game; we need you to have a little bit of feel. We need you to be committed to what ball is.”

The current collective bargaining agreement between the league and 119 referees in the NFLRA will run through May 31, 2026. Despite the clock ticking for negotiating a new agreement, there has been no progress due to what the league is looking for and what the NFLRA is rejecting.

The NFL plans to implement changes that would improve the performance of game officials, increase accountability, and assign performance-based roles. While the league has already added real-time assistance for the in-game referees’ aid, the fact that they want their best referees to officiate prime-time games might create a divide that the union is well aware of.

Hence, the union hasn’t welcomed the proposal, wanting to maintain the status quo. It is even seeking to restrict the league’s access to referees in certain areas. While it wouldn’t be the league’s first choice either, if an agreement is not met, it already has a contingency plan in place with referees from lower levels of the sport. But that doesn’t mean they won’t face challenges. In fact, one staring them right in the face would be what’s known as a ‘scab’.

When a referee from the lower levels wishes to someday join the NFL, they already know they cannot offend a referee already a part of the union. As such, those referees will not even come to the league’s aid now. That will then leave the NFL with only two options: agree to the NFLRA’s wishes or bring in inexperienced and underqualified officials who might not even be the best for the sport.

That Fail Mary game was a serious dip in quality. McAfee, who was punting for the Indianapolis Colts during that stretch, knows that. 

Describing the last lockout as “terrible days,” he recalled how these refs struggled to make basic in-game decisions, such as spotting where a punt went out of bounds. But there have been times when the league and the union failed to reach a conclusion, but had to forcefully agree to the terms.

Back in 2001, the NFL locked out its officials, and it lasted through Week 1 of that regular season. However, after the 9/11 attacks, both sides agreed to the differences and signed the deal.

But the league, too, is prepared to utilize its resources on these incoming referees.

The NFL plans to bring 150 replacement refs and train them through the offseason

The NFL held committee meetings earlier this month in Palm Beach, Florida, where the owners learned about the latest status of CBA negotiations. They were reportedly not happy with the outcome. The NFL issued a memo last year detailing its key agenda for the next CBA. However, with no progress in sight, the league is once again staring at a situation it hoped to avoid.

Per emails reviewed by ESPN, the NFL seeks 150 officials from small colleges by this weekend. Their onboarding could start next month, with a four-day training program in May.

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If the league and the association still can’t reach a deal by then, the replacement referees will continue training through the summer and will make training camp visits. 

At the time of publication, the NFL hasn’t commented on the situation. However, the NFLRA executive director Scott Green didn’t stay mum.

“Frankly, I’m surprised they would even consider it after 2012,” Green said.

He raised concerns about the league’s plan, suggesting it could lead to bigger issues beyond just terrible on-field judgments. The replacement officials could be more vulnerable to gambling-related pressures. Then there is the safety of players under unseasoned referees, who may not keep up with the speed and physicality of a typical NFL game.

Nevertheless, the NFL made it clear last year that it wants change.

The focus, they said, is on improving officiating, holding officials more accountable, and making sure the very best are the ones handling the biggest moments. The NFL Referees Association, meanwhile, is holding its ground. In the meantime, the players are pressing the panic button for what it may bring.