NFLPA files motion to vacate

[Sciz]

So basically, it sounds like the NFL's response is to put their hands over their ears and act like labor law isn't a thing. Bold strategy.

 

[Rob0729]

I agree there. I don't think anyone at the table particularly cares about them though, unfortunately.

Yeah, but I think the NFLPA are supposed to fight for and protect the interests of the retired players. The owners should take care of the retired players too, but I think the responsibility more relies on the NFLPA on this point. DeMaurice Smith treated many of the retired player organizations like crap during the lockout not allowing them a seat at the table until the press smeared him for it.

 

[Patriot Missile]

Different circumstance. That case was for an NFL employee with no collective bargaining agreement. The CBA would supersede that case since the CBA does say Goodell can be an arbitrator.

How can he be an arbitrator if he is the only one that can impose player punishments?

 

[Rob0729]

He represents his client. You may have hated him because of his client's position in the lockout. But you love him because of his client's position now.

I haven't really liked him for a long while when he was involved in cases with MLB and other sports (when I didn't choose sides). The guy is a weasel. It is good when he is on your side, but he is a d**k any other time even if you do not have a side. But let's face it, in law it isn't always a popularity contest.

 

[Rob0729]

How can he be an arbitrator if he is the only one that can impose player punishments?

Because the CBA allows it.

 

[raduray]

Actually, if Berman overturns the suspension based on Peterson and Peterson is then overturned on appeal, wouldn't that pull the rug out from under Brady's victory?

Daniel Wallach@WALLACHLEGAL
"Manifest disregard" argument by Brady obviously contingent on Eighth Circuit NOT reversing Doty's Adrian Peterson decision by September 4

Scary! I'm beginning to think like a lawyer.

 

[Patriot Missile]

Because the CBA allows it.

Just seems like they have two rules that contradict each other then.

 

[XLIX]

I have to say I hated Jeffrey Kessler during the lockout, but I absolutely love him on our side now. He may be a bit of a weasel, but he seems to be 10x the lawyer than anyone on the NFL side.

If he wins this, I will buy a Jeffrey Kessler fat-head for my memorabilia collection and hang it in the man-cave.

 

[Rob0729]

Here is another lawyer who does a pretty good play by play of the NFLPA argument with exerpts from the argument.

https://twitter.com/WerlySportsLaw

 

[Rob0729]

Only reason I give NFL a 40% chance is because of deferential standard of review for arbitration decisions. Otherwise, easy win for T. Brady

https://twitter.com/WALLACHLEGAL/status/629840002923515904

 

[FrodoBagginz]

So the CBA that the NFLPA signed says Goodell can be the one to give out punishments and be the arbitrator. Doesn't sound good for Brady at all. What are the chances the NFLPA/Brady can beat this?

 

[KDPPatsfan85]

Let me tell you something about Jeffrey Kessler, HE IS THE NFL'S KRYPTONITE! He is the Chuck Norris of Lawyers!

 

[n1997y]

It shouldn't because the lower courts decision is still valid until it is overturned. In fact I read the NFL is currently not complying with that decision and court is considering a contempt of court proceeding.

My understanding is that the court is not just considering a proceeding, they are proceeding with a proceeding to consider Goodell in contempt of court. IIRC there is a hearing scheduled for 8/13 on the contempt issue.

 

[Rob0729]

Just seems like they have two rules that contradict each other then.

No. NFL employees do not have a CBA and are governed by state and federal employment laws. The Players have a CBA and much of the rules that govern their employment are agreed to.

 

[BTTA]

Because the CBA allows it.

And the bigger context is that the NFLPA gave this away in the last negotiations, and is now desperately trying to chip away at it, because they were blinded by their greed and didn't see this abuse of power coming.

 

[Rob0729]

And the bigger context is that the NFLPA gave this away in the last negotiations, and is now desperately trying to chip away at it, because they were blinded by their greed and didn't see this abuse of power coming.

The NFLPA gave it away in the 1960s. The NFLPA has not been able to get it back since. It is a big difference. It isn't like this was a new concession that they gave up in 2010. They tried to get an independent arbitrator and Goodell said the issue was non-negotiable.

 

[Zuma]

NFL (Goodell) files motion to vacation on 8-13-2015

 

[BTTA]

The NFLPA gave it away in the 1960s. The NFLPA has not been able to get it back since. It is a big difference. It isn't like this was a new concession that they gave up in 2010. They tried to get an independent arbitrator and Go
Goodell said the issue was non-negotiable.

Thanks for the correction...hopefully all of this will provide a better foundation for the next round of negotiations. And hopefully the NFLPA won't be influenced to accept what Goodell (or whomever is in the job) says is non negotiable.

 

[raduray]

Is the Berman meeting next week with Brady and Goodell on the record?

 

[Rob0729]

Thanks for the correction...hopefully all of this will provide a better foundation for the next round of negotiations. And hopefully the NFLPA won't be influenced to accept what Goodell (or whomever is in the job) says is non negotiable.

My guess is there are a lot of owners who might decide to strip Goodell of this power before the next CBA negotiations. Between this case, Ray Rice, Adrian Peterson, Bountygate, etc. the League is getting killed in court because of Goodell's abuse of power. I think many owners (confirmed by Jason Cole) are sick of it and how it is hurting the image of the NFL.