nfl wins Peterson case

[rochrist]

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.

We'll see. NFL players historically haven't been very good at this whole striking thing.

 

[DaBronxPats14]

Get used to an NFL* player's strike next time CBA comes up. No Way NFLPA gives into goondell that gives him totalitarian judge jury executioner with handing out fines, suspensions and make up rules as he goes along. Hit owners* and nfl* right where it hurts, in their bank accounts. Ok so we know how wealthy they are but believe me any work stoppage would freak out goondell* owners* and his fantasy football sponsers etc.

 

[BradyFTW!]

**** everything about the NFL. The clowns at the league office ruined my favorite sport so badly that I'm not even a little pumped for the season to start. If the players went on strike I'd be relieved, because that would just be eliminating the temptation to watch games that I don't think I can watch in good conscience anyway.

 

[Froob]

United States Arbitration law

 

[QuantumMechanic]

Get used to an NFL* player's strike next time CBA comes up. No Way NFLPA gives into goondell that gives him totalitarian judge jury executioner with handing out fines, suspensions and make up rules as he goes along. Hit owners* and nfl* right where it hurts, in their bank accounts. Ok so we know how wealthy they are but believe me any work stoppage would freak out goondell* owners* and his fantasy football sponsers etc.

While at this point I want to see some burn-it-all-down uber-damaging strike, my prediction for 2020 (or whenever it is) is:

a) Nothing at all will change in Article 46 because the players will greatly prefer a sure thing that benefits them all (like an a bigger piece of the revenue pie) than something that is only going to adversely affect a very small fraction of players. So they won't spend bargaining chips to change 46 when they can spend those chips to get more money.

b) The players don't have the finances or discipline to stay out longer than a few weeks if it even gets that far.

 

[Wheelman]

Wow, corruption truly does win.

And I have no faith in the players going on a long term strike. The NYJFL* and corrupt 32 know this. It's a bad day for a the little man in the world. All because a bunch of little men want to get paid. Really sad most little men won't stand up for what's right.

 

[fnordcircle]

Only the NFL would make me root for a child abuser.

 

[DaBronxPats14]

While at this point I want to see some burn-it-all-down uber-damaging strike, my prediction for 2020 (or whenever it is) is:

b) The players don't have the finances or discipline to stay out longer than a few weeks if it even gets that far.

This. Unfortunately players would be out a salary and would definitely cause hardship on them and their families. What's so pathetic is as long as goondell* keeps profits up for owners*, they could careless about what anyone thinks of him.

 

[anditsgood]

Yep, we definitely heading for a lockout and strike the next time around

Congrats Roger, you won destroying the league

 

[FrodoBagginz]

The courts created a monster.

 

[PatsFanSince74]

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..

We 100% agree on the "disgusting" part, but the fact remains that Case Law consistently supports the rights of an Arbiter. who is acting in a manner generally consistent with the terms of a CBA.

Case Law, established in Garvey and, sadly, now re-enforced by two separate Federal District Courts, says that the Arbiter can make errors in the arbitration process and even ignore what most consider to be obvious "facts," but that all of that can be overlooked unless the Arbiter dispenses his/her "own brand of industrial justice," the standard set by SCOTUS in the 1960's (I've posted about that at length and just don't have the energy to go into it again...). Berman and Katzmann felt that Goodell had crossed that line. Multiple other Judges in two different venues have now disagreed.

This is a very broad standard and two Federal Circuit Courts have upheld Goodell's authority under DeMaurice Smith's agreement and the detritus of the bearhug between Kraft and Saturday. Let's face it, most of us (myself included), who are now disgusted by the entire matter, applauded that hug and the fact that the League and the Players had avoided a strike that would have meant that we had to miss a single Sunday of "our Football."

It was Jeffrey Kessler who was angry that Smith and the NFLPA had conceded on the language of Article 46. He wanted them to strike. He was right. We were all wrong.

The rubber will hit the road if we are ready to lose an entire season to a strike. Otherwise, everything we're saying is ********.

 

[PatsFanSince74]

Yep, we definitely heading for a lockout and strike the next time around

Congrats Roger, you won destroying the league

Unfortunately, as much as I would like that outcome, I'm not holding my breath. The Union will cave when the Owners throw them a bone or two. If there's a lockout that lasts longer than Training Camp and maybe the Preseason, I'll eat my ****ing hat.

Bookmark this and throw it in my face with a suggested recipe for said hat if I'm proven wrong and I'll gladly eat it.

 

[PatsFanSince74]

The courts created a monster.

Buzzzz.

Wrong.

The NFLPA created the monster by agreeing to the language of Article 46. The Courts, i.e., two separate Federal Courts of Appeal, have enforced the language of that CBA and allowed it, with some dismay, as expressed by Chin and Parker (no matter how much we have derided them, the opinion basically says, "you agreed to this, you have to live with it"), to proceed to its logical conclusion.

Two Federal Courts of Appeal. Don't blame the Courts. SCOTUS has been ruling on this since the 1960's and has been very clear that the bar is very high to overturn the ruling of an Arbiter acting in a manner generally consistent with a Collectively Bargained Agreement between Labor and Management.

 

[Froob]

Buzzzz.

Wrong.

The NFLPA created the monster by agreeing to the language of Article 46. The Courts, i.e., two separate Federal Courts of Appeal, have enforced the language of that CBA and allowed it, with some dismay, as expressed by Chin and Parker (no matter how much we have derided them, the opinion basically says, "you agreed to this, you have to live with it"), to proceed to its logical conclusion.

Two Federal Courts of Appeal. Don't blame the Courts. SCOTUS has been ruling on this since the 1960's and has been very clear that the bar is very high to overturn the ruling of an Arbiter acting in a manner generally consistent with a Collectively Bargained Agreement between Labor and Management.

Very high? I'd say impossible at this point. Adding new evidence in one case and retroactively enforcing a new policy the other.

 

[DaBruinz]

We 100% agree on the "disgusting" part, but the fact remains that Case Law consistently supports the rights of an Arbiter. who is acting in a manner generally consistent with the terms of a CBA.

Case law established that the Arbiter must act with Fundamental Fairness and cannot issue his own brand of industrial Justice. And that is what happened here.

Case Law, established in Garvey and, sadly, now re-enforced by two separate Federal District Courts, says that the Arbiter can make errors in the arbitration process and even ignore what most consider to be obvious "facts," but that all of that can be overlooked unless the Arbiter dispenses his/her "own brand of industrial justice," the standard set by SCOTUS in the 1960's (I've posted about that at length and just don't have the energy to go into it again...). Berman and Katzmann felt that Goodell had crossed that line. Multiple other Judges in two different venues have now disagreed.

No, actually it wasn't established in Garvey as the situation was different. You can bring it up all you want, it doesn't make it true. This isn't a case of the arbiter making errors. This is a case of the Arbiter not even acting with Fundamental Fairness. Just because those asshat judges have disagreed and decided that they will, essentially, re-write the law and screw over every person who wants to use arbitration because they not longer have to be fair doesn't mean that they are correct.

This is a very broad standard and two Federal Circuit Courts have upheld Goodell's authority under DeMaurice Smith's agreement and the detritus of the bearhug between Kraft and Saturday. Let's face it, most of us (myself included), who are now disgusted by the entire matter, applauded that hug and the fact that the League and the Players had avoided a strike that would have meant that we had to miss a single Sunday of "our Football."

It was Jeffrey Kessler who was angry that Smith and the NFLPA had conceded on the language of Article 46. He wanted them to strike. He was right. We were all wrong.

The rubber will hit the road if we are ready to lose an entire season to a strike. Otherwise, everything we're saying is ********.

Article 46 has been in the CBA since its inception. Could you please provide your source that Kessler took issue with it during the last negotiations because I have searched and can't find a single article supporting that statement?

 

[QuantumMechanic]

Here's Dan Werly's breakdown of the decision:

Breaking it Down: The NFL Wins the Adrian Peterson Appeal

 

[QuantumMechanic]

And McCann's take:
Adrian Peterson appeal ruling reaffirms Goodell's power

He also doesn't think change is likely:

It is also not clear that the NFLPA will fight hard over Article 46. The reality is that very few NFL players engage in misconduct or alleged misconduct that would trigger discipline under Article 46. The percentage is likely around 1%, particularly given the infrequency of NFL player arrests as revealed by Mark Maske in the Washington Post on Wednesday. It just so happens that some of the NFL’s biggest stars—Brady, Peterson and Rice—are among the players implicated by the policy. As a result, media attention (including by yours truly) over NFL disciplinary matters has the effect of exaggerating the perceived prevalence of players who encounter problems with Article 46.

A better use of the NFLPA’s bargaining chips might be to focus on employment terms that impact 100% of NFL players—such as policies involving healthcare, pensions and disability—or terms that impact NFL players who earn toward the bottom of the pay scale, such as practice squad players.

 

[jmt57]

While at this point I want to see some burn-it-all-down uber-damaging strike, my prediction for 2020 (or whenever it is) is:

a) Nothing at all will change in Article 46 because the players will greatly prefer a sure thing that benefits them all (like an a bigger piece of the revenue pie) than something that is only going to adversely affect a very small fraction of players. So they won't spend bargaining chips to change 46 when they can spend those chips to get more money.

b) The players don't have the finances or discipline to stay out longer than a few weeks if it even gets that far.

I am thinking that it will turn out a bit differently.

In my opinion at some point the NFL/Goodell saw the Brady case as an opportunity gain leverage against the NFLPA, regardless if they won or lost.

Article 46 is a bargaining chip that Goodell and the owners possess, and that the NFLPA will not be able to overlook in the next round of negotiations. After months of refusing to give up that power based on yet another media-partner influenced public relations campaign, 345 Park Avenue will agree to relent to a neutral arbitrator - but only if the players agree to either an 18-game season and/or certain revenues being excluded from the revenue sharing plan.

The genius of this from the owner's standpoint is that ceding the Article 46 powers does not cost them a penny in terms of the money that they get to keep.

We often say that Bill Belichick is playing chess while the rest of the league is playing checkers. the same holds true to the owners and NFL as a whole compared to the players and NFLPA. This union is the weakest of all the major sports, despite the NFL being the most popular sport in the USA.

 

[Joker]

It's crap like this that gave rise to organized crime in this country. When government puts its boot heel to the citizens necks and declare the law is whatever it says it is,some parts of the citizenry fight back with whatever means they have at their disposal.

Like I've been intimating since the Brady decision was overturned, all Goodell won was the right to become a walking bullseye. The street will take care of Roger Goodell.

 

[Silver Blue&Red]

Amazing. I liken this style of justice to: You have a neighbor accuse you of a crime, and you take them to court, and your neighbor is the judge. WTF??