Union files grievance on behalf of Branch

[NE39]

The only thing that worries me is the NFLPA expidited it so it will be heard by a special master within 7 days. That is an option they can use a few times each year, and they only do it with big decisions.

I think the Union believes they have a shot, or they wouldn't have expidited the case. I imagine they want to try and take the Patriots down a notch, given the Pats hard negotiating stances in the past.

That doesn't mean they win, but you never know with arbitration cases. It kind of puts the team at the whim of the special master.

 

[BelichickFan]

Appologies if this has been answered but what happens if we lose ? Do we have to trade Branch to the jesters for their #2 ?

 

[AzPatsFan]

If the Patriots think Branch equals 2 #1's, then why are they not willing to give him the pay of 2 #1's??

.

Who said they wouldn't be willing? They offered him MORE than that!!

The franchise rate for a WR is currently $6 million and change for a single year.
The Pats have offered more than that for three or even five years. They have met the criteria. Apparently so did the JET offer exceed the franchise WR rate.

So BOTH have made money offers that rate Branch as worth a "franchise WR rate" which has been collectively bargained to be two #1s. Galloway got those the 2 #1 compensation dealfor an almost identical situation and precedent. How can the compensation be anything other, when decided by an arbitrator, other then whaht is set by law and precedent??

 

[AzPatsFan]

Appologies if this has been answered but what happens if we lose ? Do we have to trade Branch to the jesters for their #2 ?

NOPE! Not even close.

The hard legal part is done. Now comes the arguing over compensation and that is like falling off a log. The Pats lawyers merely have to patiently wait and hold out for arbitration that pays what the current collectively bargained law says compensation is.
The arbitrator has no choice. He could look at precedent as well, but the Law and Galloway deal set and confirmed the 2 #1 compensation.

If I were the Jets lawyers, I would be sh!tting in my pants about now!

 

[BelichickFan]

NOPE! Not even close.

The hard legal part is done. Now comes the arguing over compensation and that is like falling off a log. The Pats lawyers merely have to patiently wait and hold out for arbitration that pays what the current collectively bargained law says compensation is.
The arbitrator has no choice. He could look at precedent as well, but the Law and Galloway deal set and confirmed the 2 #1 compensation.

If I were the Jets lawyers, I would be sh!tting in my pants about now!

I'm not even going to pretend to understand all that legal stuff but I would laugh my ***** off it that happened :singing: :rocker:

 

[lobster]

The arbitration is only to determine if the Pat's made a verbal promise, and if so were the Pat's offered "fair and reasonable" compensation by the Jets. If the answer to either question is no then Branch remains under contract to the Patriots.

One major problem with the Jets offer is there is nothing to say that if Branch has an outstanding year then the Pat's get more compensation in terms of draft picks. In fact if Branch has an outstanding year and the Jets do well, the Pat's get a lower #2 pick. That is probably not reasonable and fair by definition.

 

[TheBostonStraggler]

Appologies if this has been answered but what happens if we lose ? Do we have to trade Branch to the jesters for their #2 ?

No. This is nothing more than a way to crank up the tension to try and further force the Patriots into letting him go. Of course there is always the possibility that the Patriots sent a letter to Branch and his agent saying that they were free to negotiate a proposal on behalf of the Patriots. Then they could argue that the Patriots verbally agreed to said negotiated contract. I guess it's possible. Maybe the Patriots even said in the letter that Branch and his agent were free to make a deal and they would, without exception, accept it. I guess its possible. Yeah right! If BB and SP did that they need to be kicked right in the ***** right now. I would have to see this for my own eyes cause I don't believe the Patriots gave up any rights over DB. Short of the Patriots sending Branch and his agent this letter, "We are stupid. You now are our contract negotiators and do as you must as long as you consider it fair. The Patriots forfeit their own negotiating rights in this matter. We simply don't know what we are doing and believe you Chayut know what's best for us", this is laughable. Only a grossly biased arbitor could rule against the Patriots. It's a no win for Branch on this "union" matter. But by doing this he is raising the heat on the Patriot FO and maybe even prodding the NFL to step in and negotiate the trade. They believe, I guess, that will likely help get DB's necessary dollar amount. The only other explanation is they are so caught up in the spinning world of agent tactics that reality is no longer a part of their thought process.

 

[DarrylS]

This is one of those union things that defer responsibility from an arrogant agent to an arbitrator. There is no doubt that this is not winnable, as he is under contract and there is precedent from the Galloway trade. When they come down to sitting before the arbitrator, the issue will be framed into one simple question that is mutually agreeable, which usually takes the most time.

It could be as simple as, "Did the Patriots violate the CBA of the NFLPA by not agreeing to a second round draft pick for Deion Branch?" Then both sides argue the merit of the framed question before an arbitrator. The person in the hot seat is the arbitrator, who then will have to look at the contract, past practice and applicable arguments by both sides.

I have been involved in 3 or 4 of these situations during my union time, difficult to predict outcomes.. but, in this case if we presented this to our Union Lawyer (the best in this area) I know he would say do not do this, as there is not valid argument...however, as the union lawyer has no choice except to represent the union, despite its weak position.

It seems in the unions best interest, to work something out, either with the Pats or encourage Branch to find another agent.

 

[NE39]

It seems in the unions best interest, to work something out, either with the Pats or encourage Branch to find another agent.

I think that is the most likely case, and probably why the union is expiditing the case. In the TO hearing, the arbitrator never ruled, but rather told the sides to work it out before he did. In that case, the NFLPA brokered a deal between the 49ers, Eagles and Ravens and a ruling never was made.

I think that is probably what the NFLPA will try to do here. They will try to broker "fair and reasonable" compensation so Branch can be traded and get his new contract.

I wonder what would happen if the Patriots agreed to match the contract? Reportedly, Branch was offered 6 Yrs/$36M-$39M, $13M up front and $23M over the first 3 seasons. I've read those numbers in multiple places.

While that is undoubtedly more than the Pats wanter to offer (Reggie Wayne money), it is also clear they would prefer not to lose Branch. Given all that has gone down, if they match the offer it could end the whole deal.

 

[Miguel]

Who said they wouldn't be willing? They offered him MORE than that!!

The franchise rate for a WR is currently $6 million and change for a single year.
The Pats have offered more than that for three or even five years. They have met the criteria.

The APY of the Patriots' offer is only over $6 million if one does not include the 2006 year. It is likely that the franchise figure for wideouts in 2007 will be close to $7.5 million. None of the reported offers came close to offering $7.5 million in APY.

Apples to apples, oranges to oranges.

 

[Miguel]

The APY of the Patriots' offer is only over $6 million if one does not include the 2006 year. It is likely that the franchise figure for wideouts in 2007 will be close to $7.5 million. None of the reported offers came close to offering $7.5 million in APY.

Apples to apples, oranges to oranges.

Correction: The Jets and Seahawks met the 2006 franchise figure.

 

[DarMan]

How can Chayut actually try to make the arguement that the Patriots violated a verbal agreement to trade him when Branch is violating his written contract to play for the Patriots?

What am I missing?

 

[40yrpatsfan]

I really don't think the union thinks it can win this, so there are ulterior motives in play here. What they are I'm not sure.

I think part of it is that the union lawyers have free time on their hands, there are no other cases like this happening right now, this is the type of thing they get paid for, so why not? there's nothing to lose really - that sort of mentality. Sad - gives lawyers and the NFLPA a bad name.

As we saw with the Poston decertifying case and Ty Law, once these association guys get involved, what's best for the player, team or agent go right out the window. It's all about the NFLPA's interests at that point. And anytime they can maybe get a ruling go their way, they'll go to war over it.

If this union gets as strong as baseball's, then our beloved sport will go right down the toilet.

 

[CrazyDave]

I think this may be the most interesting thread going.
I don't know much about this stuff, but AZpatsfan has a very intriguing angle. He sounds like he's done his homework.
AZ, I hope you're right on this. We could come out of this looking pretty good.

 

[Pats726]

I wonder what would happen if the Patriots agreed to match the contract? Reportedly, Branch was offered 6 Yrs/$36M-$39M, $13M up front and $23M over the first 3 seasons. I've read those numbers in multiple places.

While that is undoubtedly more than the Pats wanter to offer (Reggie Wayne money), it is also clear they would prefer not to lose Branch. Given all that has gone down, if they match the offer it could end the whole deal.

I don't think Branch wants to be here...the Patriots will not budge much from what they offered...maybe some..but not a whole lot. I think Branch wants out..he will sit still...

 

[mikey]

I don't think Branch wants to be here...the Patriots will not budge much from what they offered...maybe some..but not a whole lot. I think Branch wants out..he will sit still...

Deion Branch is like Adam Vinatieri.

Both players could not get out of town fast enough.

There is no such thing as "amicable" deparature from our team. There is just anger and hostility.

The sad thing is that both "home grown" players were key members of our 3 Super Bowls championships.

.

 

[NE39]

I don't think Branch wants to be here...the Patriots will not budge much from what they offered...maybe some..but not a whole lot. I think Branch wants out..he will sit still...

I think Branch wants to be paid. Where he goes to work isn't as important has how much he is being paid.

Keep in mind, this is a job for him. He is just trying to get the best deal for himself.

 

[Brownfan80]

If the Patriots think Branch equals 2 #1's, then why are they not willing to give him the pay of 2 #1's??

.

You're getting it backwards.

The Patriots don't have to pay Branch what other teams think he's worth, he's still under contract. But if the other team does think he's worth that and have signed him to that contract, then the conpensation must match the contract offered.

 

[Brownfan80]

How can Chayut actually try to make the arguement that the Patriots violated a verbal agreement to trade him when Branch is violating his written contract to play for the Patriots?

What am I missing?

The vital thing wrong with Deion and Chayuts argument. They are mentally rewriting history and basing every action upon that new (and false) reality.

"Well they MADE Deion sign for 5 years, he really WANTED to sign for 4! So give us that year back!"

 

[upstater1]

Deion Branch is like Adam Vinatieri.

Both players could not get out of town fast enough.

There is no such thing as "amicable" deparature from our team. There is just anger and hostility.

The sad thing is that both "home grown" players were key members of our 3 Super Bowls championships.

.

While the players with heart and soul stick around and win for the best franchise going right now.