AFL-CIO files amicus brief in support of Tom Brady

XLIX · May 31, 2016

AFL-CIO files amicus brief for Brady

... and no I don't mean the American Football League. This is real world professional labor. This is the American Federation of Labor.

**** just got real. This ain't just about footballs no mo'.

Developing Story.....

scott99 · May 31, 2016

AFL-CIO has filed an amicus brief supporting Tom Brady

Just saw something on Twitter, the AFL-CIO has filed an amicus brief supporting Brady as well. I believe they are the biggest union in the country. This is pretty big I believe.

Mack Herron · May 31, 2016

Truth, Justice, and the American Way, don'tcha know.

The American Federation of Labor and Congress of Industrial Organizations is an expression of the hopes and aspirations of the working people of America.

We resolve to fulfill the yearning of the human spirit for liberty, justice and community; to advance individual and associational freedom; to vanquish oppression, privation and cruelty in all their forms; and to join with all persons, of whatever nationality or faith, who cherish the cause of democracy and the call of solidarity, to grace the planet with these achievements.

We dedicate ourselves to improving the lives of working families, bringing fairness and dignity to the workplace and securing social equity in the Nation.

Our Mission and Vision

Cannot find the brief yet, but trailer looks promising:

Silver Blue&Red · May 31, 2016

Any links?. I can't find anything

XLIX · May 31, 2016

Quote from the brief (as per Daniel Wallach):

"The AFL-CIO has extensive experience with the operation of arbitration procedures in the disciplinary setting and a significant interest in the application of the proper standard for judicial review of decisions rendered pursuant to arbitration procedures."

Fact is that this ruling is a big one by CA2, and deserves to be heard by the whole group. It will impact countless of arbitration cases. It deserves a better lawyer than Kessler to argue it (nothing personal against Kessler, he just isn't the best federal appeal court lawyer).

I am at the point where I honestly believe Brady gains en banc. Let's call it "more likely than not" - but not Ted Wells' definition of "more likely than not."

EDIT: As per Wallach, they also talk about how being "highly deferential" to arbitrators applies to NEUTRAL arbitrators.

Mack Herron · May 31, 2016

LINK HERE:
http://thesportsesquires.com/wp-content/uploads/2016/05/aflcio-brief.pdf

jah · May 31, 2016

I don't know anything about this stuff, but I would have to assume this helps a lot more than what Kraft did.

XLIX · May 31, 2016

Mack Herron above gave us a link:
http://thesportsesquires.com/wp-content/uploads/2016/05/aflcio-brief.pdf

juny · May 31, 2016

To the layperson, this seems like a big deal to have the biggest union providing a brief. This has to get the court's attention, no?

XLIX · May 31, 2016

Thoughts:

- They write a lot of what we have been saying for weeks/months, but coming from the AFL-CIO is a big deal.

- The arbitration ruling should be vacated because Goodell "failed to follow basic procedural fairness and acted arbitrarily as an employer seeking to justify his own disciplinary decision rather than as a neutral arbitrator considering an appeal ... Regardless of who hears appeals, labor arbitration always must be fundamentally fair. The Supreme Court has made clear that 'elementary requirements of impartiality taken for granted in every judicial proceeding' are not 'suspended when the parties agree to resolve a dispute through arbitration.' "

- Key statement: "Even a cursory review of the Commissioner’s decision makes clear that he acted in the self-serving role of an employer justifying his own disciplinary decision rather than as a neutral arbitrator considering an appeal."

- They also mention how Goodell as arbitrator cannot "add reasons" to his arbitration decision.
“Other reasons can’t be added later when the case reaches arbitration merely in an attempt to strengthen the employer[’]s defense." Goodell made "a change that was material."

Deus Irae · May 31, 2016

It's a 10 page document (The brief itself is much shorter). You can get it at the link:

The Sports Esquires (@SportsEsqBlog) | Twitter

Edit: Here's the direct link:

https://t.co/T52gc74Fna

Gator Mike · May 31, 2016

The 21 college professors, the Patriots, the AFL-CIO...

Ted Olson does... not... screw... around.

XLIX · May 31, 2016

juny said:
To the layperson, this seems like a big deal to have the biggest union providing a brief. This has to get the court's attention, no?

IMHO, yes, it emphasis the significance of the ruling, which is one of the criteria in deciding to accept en banc reviews. Olson has to convince the court that this is about far more than football PSI.

signbabybrady · May 31, 2016

This needs to be used again!

And Rambo likes too.

Mack Herron · May 31, 2016

XLIX · May 31, 2016

Mack Herron said:

So is that 5 or 6 now? Anyone but me notice the complete LACK of amicus briefs supporting the NFL??

Galeb · May 31, 2016

This is getting huge. I hope that Chin and Parker are exposed for their corruption after Brady is successful.

Mike the Brit · May 31, 2016

XLIX said:
So is that 5 or 6 now? Anyone but me notice the complete LACK of amicus briefs supporting the NFL??

ESPN?

Danger Zone · May 31, 2016

XLIX said:
So is that 5 or 6 now? Anyone but me notice the complete LACK of amicus briefs supporting the NFL??

Incoming amicus briefs from the Colts and the Ravens..

It's not faaaaiiirrrrr!!!!!

Deus Irae · May 31, 2016

Another big entry in the "Briefs for Brady" parade:

MORE BREAKING: Kenneth Feinberg files #amicus brief with 2nd Circ. in support of Tom Brady and NFLPA. He administered the 9/11 victims fund.

AFL-CIO files amicus brief in support of Tom Brady

Pro Bowl Player

Veteran Starter w/Big Long Term Deal

Pro Bowl Player

Experienced Starter w/First Big Contract

Pro Bowl Player

Pro Bowl Player

Degeneracy Expert

Pro Bowl Player

Experienced Starter w/First Big Contract

Pro Bowl Player

PatsFans.com Retired Jersey Club

Rotational Player and Threatening Starter's Job

Pro Bowl Player

Pro Bowl Player

Pro Bowl Player

Pro Bowl Player

Experienced Starter w/First Big Contract

Minuteman Target

In the Starting Line-Up

PatsFans.com Retired Jersey Club

Similar threads