THE COURT: What does the sentence that says that for 16 a first offense it's limited to a fine, what does that mean? 17 MR. NASH: It says the first offenses will be fines, 18 but also before it says that -- it makes clear that these are 19 minimums. First of all, on page 1 of the document it 20 reinforces the notice that the Commissioner relied on that is 21 in Mr. Brady's player contract, it's in the CBA, that players 22 are all on notice, that they're subject to discipline, 23 including suspension, including banishment from the league for 24 engaging in conduct detrimental, conduct that affects the 25 integrity of the game, and says up to and including suspension and banishment from the league. 2 And then on page 20 -- 3 THE COURT: Is this in the award? 4 MR. NASH: No, I'm sorry, I'm reading from their 5 Exhibit 114, the document that Mr. Kessler was talking about. 6 THE COURT: Which is entitled what? 7 MR. NASH: Entitled "Player Policies." I think you 8 were referring to them earlier. But even the page that they 9 rely on in the very beginning says: Fines listed below are 10 minimums. Other forms of discipline, including higher fines 11 and suspension, may be imposed. 12 So the point isn't that you need to resolve how to 13 interpret this document. Even if you accepted Mr. Kessler's 14 arguments about it, there's clearly an interpretive dispute, 15 and under the law, that dispute is for the Commissioner. We 16 don't -- they don't get to come in and start doing that here in 17 federal court.
