The arbitrator relied on the Collective Bargaining Agreement and the law of
the shop to reach this conclusion. The Agreement gives the Commissioner discretion
to impose fines and suspensions for conduct detrimental to the game. The Personal
Conduct Policy allows for fines and suspensions based on the nature of the incident
and other relevant factors; it does not establish maximum punishments. Citing the
2010 Dolphins Player decision, the arbitrator reasoned that the Commissioner “is not
forever bound to historical precedent,” and that “f he should determine that the
current level of discipline imposed for certain types of conduct has not been effective
in deterring such conduct, it is within his authority to increase discipline in such
cases.” As applied to Peterson’s case, therefore, the arbitrator thought the terms of
the Agreement, the law of the shop, and the Personal Conduct Policy gave the
Commissioner discretion to impose a six-game suspension and fine if he concluded
that shorter suspensions in prior cases had been inadequate. The arbitrator’s decision
on this point was grounded in a construction and application of the terms of the
Agreement and a specific arbitral precedent. It is therefore not subject to secondguessing
by the courts.