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Apparently some don't understand that the distinction is irrelevant in this context. None of the arguments stated have anything to do with weather the NFLPA represents Hernandez or not. Accused vs convicted is meaningless. There are plenty of convicted felons represented by the NFLPA.
So based upon what you wrote anyone accused should be summarily dropped by the NFLPA.
Unions exist as the necessary counterpoint to unbridled management power.