Deflategate and latest NFL vs. NFLPA arbitration ruling

In a decision that might impact the ongoing Deflategate saga, this month an Arbitrator ruled that NFL Commissioner Roger Goodell is acting within his rights when he places a player on the exempt list for violating the league’s Personal Conduct Policy: “The Article 46.1(a) ‘action’ that is embodied in the notice to a player and that will be at issue in the Article 46.2(a) appeal (heard either by a hearing officer or the Commissioner himself) must be an ‘action’ of the Commissioner...[T]here is no basis either in the contractual documents or the past practices of the Parties to conclude that the Commissioner may completely delegate to a disciplinary officer or anyone else...” If applied to the Brady case, this ruling could make it improper for Goodell to have delegated his powers to football operations executive Troy Vincent who imposed the punishment. Reportedly, the reason Goodell had Vincent “impose” the discipline was clear-- the commissioner wanted to serve as the arbitrator at the inevitable appeal hearing, because actual independent arbitrators had ruled against him too many times in recent cases-- a role he could not play if he were to be ruling on his own ruling. By delegating the power to Vincent, Goodell remained “impartial” in the process. Apparently, the NFLPA objected in a letter just days after the ruling, stating Vincent had no authority to impose discipline on Brady so it must be set aside. Though an arbitrator can’t force the NFL to re-do the disciplinary process, if the Brady case gets remanded to Judge Richard Berman to examine this issue, it may impact the case of Tom Brady and the NFL. Judge Berman previously used Article 46 to favor Brady’s side over the NFL’s last year, but did not reach Brady’s other claims which included improperly delegating authority to discipline players for conduct detrimental to the NFL. Evidently, NFL precedent demonstrates that, in Article 46 arbitration appeals, players must be afforded the opportunity to confront their investigators. The Deflategate case is currently being decided by a three-judge panel in the United States Court of Appeals for the Second Circuit which heard oral arguments last month. See story here-- http://cbsloc.al/1oVdYTS and http://bit.ly/1MR0UL5 and forthcoming decision at http://www.ca2.uscourts.gov/decisions.html UPDATE: A day after this post, based on a 2-1 vote of a three-judge federal panel, the appeals court reversed the district judge's ruling, siding with Commissioner Goodell over the NFL Players Association.

NFL - Brady Settlement Not Looking Good

As the New England Patriots begin training camp, there is no certainty about whether Tom Brady will be available for game one of their NFL season. While there have been reports regarding a possible settlement for Brady’s appeal of his four-game suspension, with leaks that he is seeking either a complete exoneration or only a fine, others say he may be willing to accept a reduced suspension. It is unlikely that Brady would agree to miss games without taking the case to court to avoid admitting any guilt. They say a fine could be interpreted as putting the so-called Deflategate distraction behind his team. But now, the NFL could reject Tom Brady’s appeal and uphold the four‐game suspension. The NFL claims the quarterback's actions were detrimental to the integrity of the sport. ESPN today reported Commissioner Roger Goodell will not reduce or overturn Brady’s suspension and that Brady may have actually destroyed his own personal cell phone rather than just refusing to turn it over. The NFL was annoyed Brady would not give up relevant text messages and emails that might help clarify his level of involvement in Patriots equipment managers allegedly letting air out of game balls. Now it appears that electronic evidence may have been spoliated. Still, NFL Media's National Insider reports that the NFL and NFL Players Association exchanged offers for a potential settlement on Brady's suspension, according to sources informed of the negotiations. See stories here-- http://bit.ly/1Jq4HuT and http://bit.ly/1fEbJ39 and http://www.nfl.com/news/story/0ap3000000504228/article/nfl-nflpa-exchange-offers-on-brady-settlement

Arbitrate Deflategate?

This week, NFL Commissioner Roger Goodell issued a four game suspension without pay of quarterback Tom Brady and fined the Super Bowl XLIX-winning New England Patriots $1 million and draft picks for deflating footballs during last year's AFC Championship playoff game where the beat the Indianapolis Colts 45-7. Now there will be an appeal. The NFL Players Association (NFLPA) maintains the NFL's history of inconsistent and arbitrary decisions in disciplinary matters requires that a neutral arbitrator hear an appeal. The league believes Brady's suspension is a fair punishment. An attorney hired by the league to investigate found in a lengthy report that the Patriots used underinflated footballs to their advantage and that Brady probably had at least a general knowledge about it. The report points its finger at equipment assistant and Brady denies being involved. Appeal hearings reportedly begin within 10 days of the league's receipt of an appeal. An attorney for the Patriots published an extensive online rebuttal of the NFL's findings. The NFL claims the quarterback's actions were detrimental to the integrity of the sport. The NFL has not been without controversial decisions of late. Recently, a United States District Judge vacated an arbitration award that upheld Commissioner Goodell’s discipline of Minnesota Vikings running back Adrian Peterson, concluding that Goodell erred in applying a new policy which was not applicable retroactively in that matter. Prior to the vacation of that punishment, an independent and neutral arbitrator, found Goodell abused his discretion when he arbitrarily disciplined running back Ray Rice for a second time. Last month, the Missouri Supreme Court even reviewed the scope of the role of commissioner in arbitration proceedings and found terms designating the commissioner as sole arbitrator unconscionable and unenforceable, being an individual in a position of bias. Accordingly, Goodell is precluded from reviewing, and ruling on the decisions of his employer in arbitration. This aligns with the trend in employing independent and neutral arbitrators to oversee NFL disputes. See more news here-- http://bit.ly/1bTivjm and http://cnn.it/1cXtTfz and at the NFLPA https://www.nflpa.com/news/all-news/nflpa-files-appeal-on-behalf-of-tom-brady