Reiss on Branch, long shot to win grievance...

[DarrylS]

have felt this all along as from what I can see the Pats did not violate any part of the NFLPA CBA, they made a verbal agreement outside of the CBA and it seems any arbitrator will rule on their behalf...I also do not see a decision being made as this will resolve itself either prior to the arbitration or during the process, either way the NFLPA, NFL and Pats do not want to set precedent or past practice on these actions.

http://www.boston.com/sports/football/patriots/articles/2006/09/04/experts_dont_back_branch/

The Pats win this going away," said Boston-based sports attorney Harry Manion, via e-mail from Europe. ``[Branch] will say they entered an oral contract to accept fair and reasonable compensation. There are a multitude of legal and [collective bargaining agreement] reasons why this is a dead solid loser."

Manion's opinion was shared yesterday by Roger I. Abrams, a Richardson Professor of Law at Northeastern University's School of Law, and Paul Haagen, a professor of law at the Duke University Law School.

``It's going to be a tough road for him through arbitration," said Abrams, who also has served as a baseball arbiter at times over the last 20 years. ``As I understand it, his complaint is that the Patriots weren't treating him fairly after they made this offer that he could shop himself to other teams. That could be true, but it's hard to see where he has a contract right that has been violated. If anyone, he is the one violating his obligation to fulfill his contract."

Added Haagen: ``Without knowing a little more about the actual terms of that agreement to permit him to go out and seek other offers, and whether it was in any way bound by anything, I would think the Patriots have very broad authority to determine what is an appropriate offer. My inclination is that the Patriots are certainly well within their rights. I would think they would win."

 

[zippo59]

This is the only thing Branch can do right now. He's desperate.

 

[Joker]

Branch is a mutimillionaire KID from Louisville...yeah, you get an agent to get you some leverage...his agent is an idiot...remember..it's Tom Brady that puts the ball in his hands..better than any QB in the league..he should talk with Rodney and Big Sey, take a good contract and play with the best he's eveer gonna see in his career


BTW, Givens will be back here in a year, two at least

we will always be OK..mainly because it's great to have Big Sey, and Harrison and Bru...AND Colvin as your brothers in arms...the money is there..for a long time....all he has to do is stay wth Tommy the star maker.Branch knows it..he's a kid..his agent is an idiot...Rosenhaus would ahve alreay had this taken care..jeezus

 

[sarge]

My Favorite from the article is in bold from the professor of Law

``It's going to be a tough road for him through arbitration," said Abrams, who also has served as a baseball arbiter at times over the last 20 years. ``As I understand it, his complaint is that the Patriots weren't treating him fairly after they made this offer that he could shop himself to other teams. That could be true, but it's hard to see where he has a contract right that has been violated. If anyone, he is the one violating his obligation to fulfill his contract."

 

[marty]

My Favorite from the article is in bold from the professor of Law

:ditto: The player is currently being fined for violating his contract according to the league sanctioned CBA. He then goes to the league to sue for action against the Pats for violating a "verbal" agreement? What a joke!!!
IMO the NFLPA is the entity with egg all over it's face!

 

[Isaac]

My Favorite from the article is in bold from the professor of Law

If anyone, he is the one violating his obligation to fulfill his contract."

Actually, I don't think it will matter, but as I understand it Branch isn't violating his contract by sitting out since it is allowed within the CBA. Logically this makes sense, but I don't think it is a legal violation at all.

 

[Willie55]

Actually, I don't think it will matter, but as I understand it Branch isn't violating his contract by sitting out since it is allowed within the CBA. Logically this makes sense, but I don't think it is a legal violation at all.

If its not a violation then why was he being fined $14,000/day for not being in camp and now he's not being paid his game checks?

 

[dryheat44]

Chayut's strategy, I believe, is to use the two grievances in tandem. The idea is to present the one that the Patriots reneged on their promise to trade him for fair compensation.

After the arbitrator strikes that one down, Chayut will then file the one about not negotiating in good faith, saying that if Branch is worth a first rounder plus, then the Patriots have an obligation to pay him as such.

Left out in all this, of course, is that Branch has a legally binding contract, and that the Patriots have the legal obligation to do nothing. In fact, they have offered him a contract at that level to begin when the current one expires

The other funny thing, in addition to Branch being the one who's reneging on an agreement, is that it is Chayut who has not been negotiating in good faith all this time.

Hail Mary by Team Branch.

 

[dryheat44]

Actually, I don't think it will matter, but as I understand it Branch isn't violating his contract by sitting out since it is allowed within the CBA. Logically this makes sense, but I don't think it is a legal violation at all.

Branch is in breach of contract, pure and simple. It is not allowed by the CBA. The CBA institutes the maximum penalty.

Next time you're on the highway, look for those signs that say "Littering maximum fine $1500". Just because the penalty is determined doesn't make littering legal.

 

[tdw777]

The arbitrator will rule that Professor Plum did it in the kitchen with the knife.

 

[PATSNUTme]

Of all the Branch threads, which I'm getting sickof, this one contains the most relevant information.

Yes, it is speculation on the part of the "experts' but it's educated speculation, unlike all of the other speculation.

Right now, I don't care anymore what happens to Branch, as long as he doesn't go to the JEST. I just don't want to see the little bastard 2X per year.

 

[MoLewisrocks]

Chayut's strategy, I believe, is to use the two grievances in tandem. The idea is to present the one that the Patriots reneged on their promise to trade him for fair compensation.

After the arbitrator strikes that one down, Chayut will then file the one about not negotiating in good faith, saying that if Branch is worth a first rounder plus, then the Patriots have an obligation to pay him as such.

Left out in all this, of course, is that Branch has a legally binding contract, and that the Patriots have the legal obligation to do nothing. In fact, they have offered him a contract at that level to begin when the current one expires

The other funny thing, in addition to Branch being the one who's reneging on an agreement, is that it is Chayut who has not been negotiating in good faith all this time.

Hail Mary by Team Branch.

On Sports Extra last night in closing his segment even Borges concluded he will not win on either grievance.

The first one is a non starter on it's face for many reasons. And it's obvious that they have nothing in writing that specifies the terms under which they would accept a trade offer. Teams never provide that because it is historically determined on a case by case basis. One teams two is potentially another team's one or three, and deal within the division is rarely done except at a premium, healthy players are worth more than rehabbing players not to mention more than those holding out for a top 5 contract, and on and on...

The real corker is the failure to negotiate in good faith... Even Borges couldn't resist making the observation that it's tough to make a case that failure to counter an offer constitutes breach of good faith when your a player and agent who have recently accumulated a half a million dollars in penalties for breach of contract and whose own failure to counter an offer from the team you are now filing grievances against is how we all got started down this road arbitration to begin with.

At the end of the day this is just a young agent with a pissed off client taking their only remaining shot at shooting their way out of town. At first the shock of the move has all the pundits shreaking OMG... but after further consideration most will realize it's a pretty hollow threat. The only ones who will continue to trumpet it's potential for disaster are the media ratings whores who want to keep fanning the flames of interest in the Deion Branch saga. Felger will lead that charge locally.

If Branch ends up going anywhere when this is all said and done it will be Seattle. But it won't be because Belioli feared their day in court on this one and premptively made a deal to avoid it, but rather because Seattle feared from decision day on the compensation price for the player would only increase and harden so they will likely make their best trade offer between now and next Saturday. But that offer will have to trump the value of having Deion Branch available from week 11 through potentially week 19.

 

[patsox23]

great post, molewisrocks. Thanks.

 

[Patsgirl_DK]

This part was interesting I think:

``When you go to arbitration, it sets up another line of communication," he said. ``I've had cases where halfway through the hearing the sides ask for an hour to talk about a settlement, then 3-4 hours later they settle it. That would be my prediction as to what would happen."

Will the NFL try to put pressure on the Patriots organization because they are afraid of the precedens that this would create in case Branch wins (even though it does not seem likely to happen).

What kind of settlement could this be:
1. Pats cuts Branch (not going to happen).
2. Pats allow Branch to sign with Jets or Seattle and gets a 2. round pick (not very likely).
3. Branch returns for this season only or to negociate an extension (does not seem very likely either).

Are there any other kinds of settlements they could make.

 

[Sundayjack]

The only ones who will continue to trumpet it's potential for disaster are the media ratings whores who want to keep fanning the flames of interest in the Deion Branch saga. Felger will lead that charge locally.

I'm noticing that bashing Patriots personnel management has risen to a sport in the last year. Michael Felger seems to have worked himself into a good strong case of Borges envy. Is Belichick no longer loaning-out his Nantucket summer homes? What's the deal with all this discord? How long before this kid MIke Reiss calls Belichick "double-dealing river crud," or some such thing?

 

[patsox23]

Felger has CRASHED as a talent. It's sad - a little success and he softens up. I remember when he used to hustle, too. Now that Curran's gone, the best bets are Reiss and Tomase. They're a bit younger, hungrier and more in line with the Blog Generation. They do good work.

 

[upstater1]

:ditto: The player is currently being fined for violating his contract according to the league sanctioned CBA. He then goes to the league to sue for action against the Pats for violating a "verbal" agreement? What a joke!!!
IMO the NFLPA is the entity with egg all over it's face!

I don't look at it that way. I think the owners are the ones with egg all over their faces. They somehow signed an agreement that allows a player to effectively break his contract by holding out until the 10th week of the season and still having the year count.

Yeah, Branch is violating his contract, but he's sticking to the rules of the CBA in doing it, and the CBA actually takes greater precedence than Branch's actual contract. Like it or not, players hold out...because they can. They are allowed to. The owners agreed to let them hold out. Why? Because the owners care more about $$$ than they do the fans.

If the owners were fair to the fans they would insist that the players honor their contracts by showing up on Sept. 1st.

 

[upstater1]

If its not a violation then why was he being fined $14,000/day for not being in camp and now he's not being paid his game checks?

It goes both ways. He is in violation of the contract but the CBA also creates an incentive for players to violate the contract since it allows them to opt out of playing in their last year before free agency. In other words, Branch has a pretty good incentive for holding out. The CBA gives it to him.

The only thing that checks Branch on this is the franchise tag. A lesser player wouldn't have to worry about the tag however.

 

[MrBigglesWorth]

Branch is a mutimillionaire KID from Louisville...yeah, you get an agent to get you some leverage...his agent is an idiot...remember..it's Tom Brady that puts the ball in his hands..better than any QB in the league..he should talk with Rodney and Big Sey, take a good contract and play with the best he's eveer gonna see in his career


BTW, Givens will be back here in a year, two at least

we will always be OK..mainly because it's great to have Big Sey, and Harrison and Bru...AND Colvin as your brothers in arms...the money is there..for a long time....all he has to do is stay wth Tommy the star maker.Branch knows it..he's a kid..his agent is an idiot...Rosenhaus would ahve alreay had this taken care..jeezus

you think the titans will eventually release him due to unproductivity?

 

[upstater1]

At the end of the day this is just a young agent with a pissed off client taking their only remaining shot at shooting their way out of town. At first the shock of the move has all the pundits shreaking OMG... but after further consideration most will realize it's a pretty hollow threat. The only ones who will continue to trumpet it's potential for disaster are the media ratings whores who want to keep fanning the flames of interest in the Deion Branch saga. Felger will lead that charge locally.

While I agree, I'd say it's a bit more than that since the NFLPA big guns took this on AND they risk destroying the informal process by which a team allows a player under contract to shop himself around.

I really don't understand why the NFLPA is taking this risk. It makes no sense to me.