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Grievance Goes Against The Logic Of The League

Discussion in 'PatsFans.com - Patriots Fan Forum' started by SCPatBoy, Sep 3, 2006.

  1. SCPatBoy

    SCPatBoy On the Game Day Roster

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    I mean....I have a hard time understanding the premise of this Grievance and the fact that anyone believes it has a chance to succeed. It goes against the nature of this sport and The building of a Team. It has no logic and honestly uses some stupid comparisons......I will use our own Tom Brady to argue my point.Let's start with the draft....

    1) Deion was drafted in the second round. He was given a contract in which he agreed and was equitable for the spot where he was picked.......For Comparison Tom Brady was a 6th round pick and was given a contract in line with other 6th round picks....Now let's go to career.

    2) Deion Branch proves to be a good talent and earns a spot and playing time......Our FO saw something in Branch and now they appear to have been a good judge of talent as Branch becomes a starter and a good contributor to a SB team. Branch continues with another SB and a SB MVP. Again our FO looks real good for being able to pick this one. Tom Brady becomes starter in his 2nd season and becomes a 2 time SB MVP............Around the league some other 2nd round picks from drafts flop and gaurenteed money they recieved will never be recovered by the team.

    3) Presently Branch is holding out because he feels he is worth more and wants the last year of his deal done....The Patriots offer him competetive Contract , but want him to play out his Original Contract. Deion Holds Out and goes public with the spat and is refusing to honor the contract. His agent makes no negotiating attempts with the Pats and here we are...A grievance is filed..........Now

    If Tom Brady Held out this year because he wanted his contract ripped up and redone...And it went the same course as Branch's is going.....Would Brady, his agent, and the NFLPA dare say that we should accept a 5th or 6th round pick from another team because that is where Brady was drafted???????Would they say look at what Joey Harrington(1st Round) and Culpepper(1st Round) were traded for??? So a 4th or 5th round pick for Brady is fair............I mean come on...Of course they wouldn't.....That is why this thing is so stupid...The NFL has a Salary Cap and so the way teams get better and stay on top is by drafting smart and not overspending in FA. You draft smart and if your lucky, you get incredible value for a few years until the Rookie Contract is up or whatever...You just can't go around and give new contracts to every player who is outperforming there draft position ....that is the role of the FO to evaluate talent and it is also a balance to the draft picks who don't ever play to there draft position....some teams lose out big time with 1st and 2nd round busts.....that is the nature of it...So anyone who tries and faults a team for them wanting players to complete there rookie contracts is stupid.....This Grievance is stupid because it suggests some pretty ilogical things...........I'm sure BB and Pioli were clear that any trade would involve 1st round picks...I remember that being reported by several outlets when the trade was announced.......
     
    Last edited: Sep 3, 2006
  2. smg93

    smg93 2nd Team Getting Their First Start

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    #54 Jersey

    I agree with you SC, but isn't that what America has come to? When McDonald's has to put a sign that the coffee they serve is "hot" because of some fool who won a lawsuit against them because he claimed the company injured him by serving his coffee too hot, a suit like this with all its stupidity is not surprising to me.

    Lawsuit happy America encourages grievances like this unfortunately. To say that this is an open and shut case and the Patriots have nothing to worry about is totally jumping the gun in my view. The team has to tread carefully, argue their position unemotionally and hope that the special master or the arbriter is one with just a smidgen of common sense.

    The crux of the situation is that there is a contract that has yet to be fulfilled completely and that it was signed by someone not under duress. Whatever other arguments Branch's legal team might want to state will be rendered moot and academic just for this very reason alone.

    It's a frivolous waste of money and grievances or complaints such as this waste time and money. Unfortunately it's a microcosm of what goes on in the judicial system we currently have. I would suppose that in the interest of having every single American get a "fair shake" in life, we do have to live with these annoyances every once in a while. Let's just hope that this stays as the exception rather than evolves into the rule.
     
  3. SCPatBoy

    SCPatBoy On the Game Day Roster

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    I am just sick of the constant ...Deion was a 2nd round choice.....Lookk at what Stallworth and Walker got.....The arguements defy logic
     
  4. Digger44

    Digger44 2nd Team Getting Their First Start

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    they totally defy logic. stallworth was a struggling #2wr for a sick team, and walker had a blown out knee. we dont even know if walker can play a full game yet. stallworth had plenty of time to step up when horn was down with injuries and never did. Like it or not Deion wants #1 $$$ without #1 compensation. they come as a package.
     
  5. R_T26

    R_T26 Banned

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    The grievance goes against common logic period. Deion is not following through on a SIGNED contract, yet files a grievance because the Pats broke a vocal contract. How can you file a greivance when your the one breaking the contract.
     
  6. AzPatsFan

    AzPatsFan Experienced Starter w/First Big Contract

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    Any one who has read my posts either agrees or thinks I'm nuts.

    But if this goes to the league, arbitration, or any brokered solution, then the Patriots will get a better result.

    My theory of the case, is that by allowing Chayut to seek to negotiate a trade, the Patriots in effect made him their agent as well as Branch's. They limited his plenipotentiary power by reserving the compensation to a "reasonable" standard.

    My theory of the case says the Jets also recognized him as an empowered agent for both Branch and the Patriots when they made both monetary offers to the Branch contingent and compensation offers to the Patriots through representations to Chayut, they also made him their agent.

    Consummation of the negotiations and a de facto contract exists when Chayut said "we have a deal". In my theory of the case, the Jets agreed to compensate the Patriots at a "reasonable rate "when they dealt with Chayut. but in addition they did not offer vet minimum contract but a contract that EXCEEDS the "franchise rate" for a WR. Those two decisions will prove their undoing.

    The Patriots disagreed that a second round pick that the Jets held from the Redskins was "reasonable". In that I think they have every expectation that they will win that argument. they expressly reserved that power to determine "reasonable" or to the League's guidance.

    In my theory of the case, the legal issue is whether the Jets, Pats and Branch had an agreement and a de facto contract. I maintain they do. The NFLPA one of two organizations that have ultimate say if a de facto contract exists, (the other being the Management council), has said Branch has an agreement and the right to file a grievance, because of the existence of that de facto agreement.

    The League has already defined "reasonable". It negotiated a "reasonable" payment for a player compensated at the "franchsie rate" of his position, to be two #1 picks. Precedent confirms this is reasonable as it was "reasonable" in the Galloway precedent.

    When the lawyers get done, it will be in the interest of the NFLPA and the Management council, through the Commissioner, to uphold the sanctity of the contracts that they have collectively bargained. It is in the interest of both to use its own definition of "reasonable". It is in the interest of both to prevent more such wanton contract breaking. In the end, the Pats will lose Branch's services, Branch will get to sign his agreement and the money, but get the "reasonable" compensation of two #1 picks.

    It is in all but Branch's interest to have plenty of time to let the law work. Then Branch loses any gain for an early payment. It is in both the League, Management Council, NFLPA, the Patriots, and even indirectly, the Jets to discourage the early benefit to Branch. I predict a season long legal circus. Branch will be free to go Next season should no one budge. Probably.
     
    Last edited: Sep 3, 2006
  7. Bostonian1962

    Bostonian1962 In the Starting Line-Up

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    Bravo! Also, I'm sick of the "look what other teams did for other players" crap. Other teams lose. Other teams draft drug users. Other teams draft head cases. Other teams don't put character at the top of the evaluation chart. Other teams constantly get in cap trouble by overpaying for players.

    I guess the Patriots should make Dan Koppean the highest paid interior lineman in the history of the NFL, because the woeful Lions did so with Damein Woody (even though it was the Patriots who said he wasn't worth it).

    Branch IS NOT worth all that guaranteed money. You don't guarantee money for a player you cannot play in the preseason, because he is too fragile. You don't guarantee $23M to a player who has missed a bunch of time in the league because he gets hurt. You don't guarantee $23M to a WR that hits the deck after every catch. The Patriots offer was fair. Particularly given that BRANCH IS UNDER CONTRACT ALREADY!!!!!!!!!!!!!!!!!!!!!!!!!!
     
  8. DarrylS

    DarrylS PatsFans.com Supporter PatsFans.com Supporter

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    INtelligent thread, very good & interesting.

    My issue is what could he be grieving?

    The Pats may have, in Chayuts view, violated the spirit of their Pats offer and agreement...however they have not violated the NFL CBA. Deion has violated his contract is in opposition to any point of view that the NFLPA could possibly represtent.

    I think this one of those things that the Union reluctantly signs on for and knows it is not winnable.. Consider the Jets offerred him a "Funky" Contract we do not know the complete details. Seattle offered him a contract and we do not know the details. We do not really know officially the compensation offered in either situation.

    The other part we do not know real well are the past practices(which will impact on any decision) of the Union, Pats and the NFL in general, as they tend to operate privately. I am sure that they do not want to bring out a lot of the backroom stuff.

    Both run a very big risk of this arbitration and no one will want to "loose", I suspect that there are a lot of back door negotiations going on and there is another team involved, perhaps Seattle. The Union, NFL as an org and the teams do not want to upset the apple cart as someone will be forced to live with a decision they will not want to live with. I suspect that they meet the agreed on timelines, the case may be framed and argued, but this will never come to a decision as there will be either a trade made that satisfies all parties, a la TO.
     
  9. TheBostonStraggler

    TheBostonStraggler In the Starting Line-Up

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    My belief is this was Chayut/Branch's plan all along. I don't seriously believe they think they are going to win. But the slight possibility they could win will be troubling enough to the powers that be to push a deal along.
     
  10. fgssand

    fgssand PatsFans.com Supporter PatsFans.com Supporter

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    #17 Jersey

    Great thread, so far, I hope I do not kill it.

    What must be considered here is to not only trying to arbitrate, mediate and provide as fair and equitable judgment as possible - but also, this case may speak volumes moving forward with dozens of similar such situations and actions brought forward by agents with full support of the NFLPA. They may sense a way to break free of the so called one way contract.

    If players that outplay the value of contract they sign and are allowed to wrangle a new deal via a series of grievances, they will do just that. I say this has to be stopped in it's tracks for the sake of the sanctity of the game. Someone is pulling the puppet strings of Chayut behind the scenes as much as he is pulling Deions. Branch does not really understand he may become the Curt Flood of football if my suspicions are correct.

    This is rapidly spinning out of control, look for all kinds of happenings come Tuesday when everyone is back in their offices. This is the commissioners first test - good luck.
     
    Last edited: Sep 3, 2006

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