nfl wins Peterson case

[JMC00]

NFL Wins Appeal Against Adrian Peterson, Further Expanding Roger Goodell's Power

 

[The Gr8est]

Well, if the Rats can't win a Superbowl now, they never will.

 

[archstanton543]

Well, that's not good. It'll set labor law back many decades.

 

[ViperGTS]

Well, that's not good. It'll set labor law back many decades.

The SC and others has been setting labor/the public back for decades a lot recently. I fully believe money has been changed hands. I really do. The TB case was a little murkier, but the Peterson case? Yeah something is up. No chance they rule that fundamental fairness is a myth. That's the basis for any agreement.

 

[varjao]

The Eighth Circuit Court of Appeals ruled that Peterson’s suspension was “improperly vacated” and that Goodell did not overstep his authority as outlined in the Collective Bargaining Agreement.

“We conclude that the parties bargained to be bound by the decision of the arbitrator, and the arbitrator acted within his authority, so we reverse the district court’s judgment vacating the arbitration decision,” reads a quick summary of the court’s decision.

The way I read this, the real message was:

"If Goodell won deflategate where there was no case, we'll sure as hell rule in his favor when there was actually a case".

The players are ****ed until the next CBA, Goodell can walk into a game, poop in the middle of the field and order a player to eat, and suspend him if the player denies.

 

[farn]

Limited years in the league for the avg player + wanting $$$ above everything + "it will never happen to me" + poor decision making. All the ingredients are there. Most players don't care about RG's powers. Therefore, it will not change. The NFL wins. Always.

 

[jah]

I bet the league office is throwing an actual celebration.

 

[The Gr8est]

I bet the league office is throwing an actual celebration.

They'll finish it off with a blindfolded dart throwing at a target with Pats players names on it.

First name hit gets suspended.

Whatcha gonna do about it?

 

[PatsWickedPissah]

Expecting a big bonus check from the united 32 to Roger

 

[PatsBoy12]

Shocker

 

[borisman]

So what does it mean when it comes to AP? He doesn't get reimbursed for the games he already missed is all, right? Maybe there will be an additional suspension.

Also, TB12 might get some games added playing "throw the ball in the barrel" with Jimmy G. Gambling during working hours is not allowed. Additional 4 games for him.

 

[The Gr8est]

So what does it mean when it comes to AP? He doesn't get reimbursed for the games he already missed is all, right? Maybe there will be an additional suspension.

Also, TB12 might get some games added playing "throw the ball in the barrel" with Jimmy G. Gambling during working hours is not allowed. Additional 4 games for him.

I wish your scenario could be dismissed as ridiculous.

Let's hope Brissett wasn't involved too.

 

[Ice_Ice_Brady]

All this means is the next collective bargaining agreement will likely lead to a strike. The NFLPA was likely to strike anyway, but the courts have been clear: if you don't like it, change your agreement next time. Remove article 46. Expect neutral arbitrators when this one expires...no matter how costly it is. I hope the owners lose tons of money and prestige, much like MLB in 1995 and the NHL. You can be sure that all of Roger Goodell's lies and misdeeds will be at the heart of the next round of negotiations.

 

[Gronkowski123]

hey bob, you owe roger an apology.

get own your knees bob!!! and kiss the ring

 

[Hammer of Thor]

Interesting lines from the ruling:

An erroneous interpretation of a contract, including the law of the shop, is not a

sufficient basis for disregarding the conclusion of the decisionmaker chosen by the

parties. Misco, 484 U.S. at 38; Alcan Packaging, 729 F.3d at 843. The dispositive

question is whether the arbitrator was at least arguably construing or applying the

contract, including the law of the shop. The arbitrator here undoubtedly construed


the Rice decision in reaching his decision. Disagreement with his conclusion is not

a valid ground on which to vacate the decision.

They strongly emphasize the deference given to arbitrators and focus on that. They don't deny law of the shop and other things like that. They just say that they can't overturn anything done in error - if the arbitrator misinterpreted the agreement, if he misinterpreted the law of the shop, etc. They can only step in if *no* attempt at thinking about the law of the shop, etc. was given.

 

[The Gr8est]

Interesting lines from the ruling:



They strongly emphasize the deference given to arbitrators and focus on that. They don't deny law of the shop and other things like that. They just say that they can't overturn anything done in error - if the arbitrator misinterpreted the agreement, if he misinterpreted the law of the shop, etc. They can only step in if *no* attempt at thinking about the law of the shop, etc. was given.

So if you are an idiot, and are not aware you are an idiot, then you can make it up as you go along and the courts will support you.

 

[The Gr8est]

Sounds like the whole CBA could be written on a post card.

"Article 46 overrules everything else." Goodell is always right, just shut up and take it."

 

[Hammer of Thor]

So if you are an idiot, and are not aware you are an idiot, then you can make it up as you go along and the courts will support you.

Agreed. The Courts are making the leap of faith that both parties are using professional arbitrators who know what they are doing and always arbitrate a case properly. In this case, the NFLPA agreed to use a moron as an arbitrator, and the Courts are basically saying it's their own fault for agreeing. But what's disturbing here is that the Court should know better; they all know that everyone, even real honest arbitrators, make errors. They should know that just based on the number of district court rulings that they overturn - the district judges are professionals, generally honest, generally trying their best, and they mess things up.

Sad that the Court is saying that they're allowed to correct for mistakes by judges, but not by arbitrators who are specifically set up as a way to avoid Court. If you know that you can get no remediation for an arbitrator's error, why agree to arbitration? At least you can get the opportunity for remediation of Court errors within the Court system.

 

[DaBruinz]

All this means is the next collective bargaining agreement will likely lead to a strike. The NFLPA was likely to strike anyway, but the courts have been clear: if you don't like it, change your agreement next time. Remove article 46. Expect neutral arbitrators when this one expires...no matter how costly it is. I hope the owners lose tons of money and prestige, much like MLB in 1995 and the NHL. You can be sure that all of Roger Goodell's lies and misdeeds will be at the heart of the next round of negotiations.

Not all of article 46 is an issue.. Just the part that says that Goodell can choose to be the arbiter.

What kills me is that there is NOTHING in article 46 that says that Goodell can ignore arbitration law and the fundamental right to fairness. The fact that 2 Circuit Courts have ignored this is disgusting..

 

[Mack Herron]