Nick Caserio isn't a 'mid-level' executive.
I don't see where all the confusion regarding Nick
If people read the Anti-Tampering Policy its pretty clear cut.
Right from the Anti-Tampering Policy.
High-level Employee
Under Contract. Except as may be otherwise provided in such contract, a club is not obligated to grant another club permission to discuss employment with a high-level employee if he or she is under contract, even if the inquiring club is prepared to offer the employee a position of greater responsibility within the category of high-level club employee. An employer club may negotiate a right of first refusal into the contract of a high-level employee.
Non High-Level Employee
(k)
Other Club Employees (Non-Player, Non-Coach). The following provisions govern in cases of club employees who do not fall into the categories of player, coach, or highlevel employee (see definition above):
(1)
Under Contract. If a club employee (other than player, coach, or high-level employee) is under contract for the succeeding season or seasons at the time an off-season expression of interest in him or her is made to the employer club by another club,
the employer club is under no obligation to grant the employee the opportunity to discuss the position with the interested club. At the discretion of the employer club, however, such permission may be voluntarily granted.
If, however, the inquiring club is prepared to offer a position as a high-level employee, as defined above, the employer club may not deny the employee the opportunity to discuss and accept such employment. (See Section 4(k)(4) (March 1 Rule) for exception to this rule.)
In either case, if Nick is designated as a "high-level" employee, Pats are in their rights. If Nick is not a "high level" employee then HOU needs to declare Nick will have final say over all personnel matters. Are BOB and Cal cool with that?
...and here is what Goody would/would not do if HOU decided to go nuclear.
6. ADMINISTRATIVE REVIEW. If a disagreement arises over whether an employer club has improperly withheld permission or whether a club has incorrectly designated the category of an employee (see section on high-level employees), the involved club or clubs may certify a dispute with the Commissioner. The Commissioner will then promptly gather all pertinent facts, including but not limited to the proposed contracts, authority, and responsibilities of the proposed job change. In rendering his final, expedited decision, the Commissioner will not be disposed to approve a job change that in name is a promotion but in fact is a lateral move involving little or no greater responsibility than the prior job. As provided for above under “Non-Players,” no club, nor any person employed by or otherwise affiliated with a club, is permitted to discuss employment with an employee of another club during the employer club’s playing season, regardless of the contractual status of the employee. Conversely, it will be considered unreasonable for any employer, during the off-season, to deny permission to another club to discuss or offer employment to a non-contract employee or to deny permission to a non-contract employee to seek other employment on his or her own.
I wonder if because NE declares Nick a high level employee in his contract, and the move to HOU was laternal in nature, was it that condition and not the "he can't interview" language which deterred HOU from moving forward?
https://nflcommunications.com/Documents/2018 Policies/7-2018 Anti-Tampering Policy-Clean Version.pdf
