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Union files grievance on behalf of Branch


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all said and done ..an unecessary distraction on the saturday before opening game..the team does not need it
 
SVN said:
all said and done ..an unecessary distraction on the saturday before opening game..the team does not need it
I'm willing to bet it doesn't effect the team one bit. I associate more with the Terry Glenn situation. Out of sight out of mind. Unlike Lawyer who was in TC the whole time Deion hasn't been seen since the Denver game basically, right?
 
PatsFaninAZ said:
I kind of hate that my first post on this excellent forum is about DB, who jumped from one of my all time favorites to all time least favorites in a hurry.

But I had one thought about the way this grievance is being packaged. Until this article, the prior articles had suggested the implied agreement was to trade Branch for "reasonable" value. Now we're told the expectation was that Branch would be traded for value commensurate with the value giving for similar players.

Does anyone else see this as an incredibly saavy move for Branch? I agree with everyone that the arbitration is ultimately a loser. However, this argument puts the Patriots in an awkward situation. Branch's team and the union have put them in position where to defend themselves they need to argue that Branch is worth a lot -- precisely the argument Branch has been making in his contract negotiation. In other words, Branch has set a playing field on which, at a minimum, he picks up some ammunition if there are to be future negotiations. The alternative for the Patriots is to not engage Branch on this point at the arbitration and to not let that be the playing field. But that's a risky strategy in arbitration, where the arbitrator has nearly unfettered discretion and significant power.


I think the fact that Branch is arguing from the Breach of a Verbal Agreement and the Patriots are arguing from a Written Agreement will trump all. Branch is engineering leverage, and that won't hold up under the examination of fact. IMO.
 
Miguel said:
.

I doubt that the special master is going to base the compensation due to the Patriots on what the Patriots' max offer could have been. I would think that it would be on what the Pats did offer.


According to Reiss, the last Patriots' offer to Branch was the 4/19.75 million. At least, Reiss reports that is the one that Branch did not make a counter-offer to so that offer is the one I am using.

Miguel -
The Patriots last offer was sent in May. There have been no negotiations since then. The offer in May was the 3 year/18.75 million extension. The one that Branch turned down. Chayut is considering it a 4yr/19.75 million deal because he doesn't believe that this year is valid because of his claims that the Patriots "FORCED" Branch to sign a 5 year deal.

Oh, and considering that the deal averages out to 6.25 million a year on the extension, that is damn near Franchise money. I am amazed that you fell for Chayut's shananigan's with the contracts, Miguel.

So, again, how do you know how high the Patriots offer would have been had Chayut actually tried to negotiate with the Patriots?
 
Miguel said:
Is it a 5-year extension covering the years 2006/2007/2008/2009/2010/2011??

If so, then, IMO, it is a 6-year deal averaging $5.5 million.


Sorry Miguel, but that is BS and Chayut BS thinking and I am amazed that you could even think that way.

Its NOT a 6 year deal. Its a 5 year extension deal that averages 6.6 Million a year. Any deal is based on the years added. Just like it was with Brady's deal.

What it does is treat Branch the same way the Pats treated Brady.
 
DaBruinz said:
I am amazed that you fell for Chayut's shananigan's with the contracts, Miguel.

I happen to agree with Chayut.

Here's why.

Branch's cash intake under his current contract
2006 - $1.045 million
2007 - $0
2008 - $0
2009- $0

Under the Patriots' proposal
2006 - $5.45 million
2007 - $5.5 million
2008 - $4.4 million
2009 - $4.85 million

Branch's cash intake increases all 4 years and the Patriots are able to prorate the 2006 signing bonus over 4 years. That is why I think that it is a 4-year deal.


So, again, how do you know how high the Patriots offer would have been had Chayut actually tried to negotiate with the Patriots?
You already answered the question for me. I do not know. IMO, what the max offer could have been will be immaterial to the special master.
 
DaBruinz said:
Sorry Miguel, but that is BS and Chayut BS thinking and I am amazed that you could even think that way.Its NOT a 6 year deal. Its a 5 year extension deal that averages 6.6 Million a year. Any deal is based on the years added. Just like it was with Brady's deal.

What it does is treat Branch the same way the Pats treated Brady.

IMO, a deal that covers 2006/2007/2008/2009/2010/2011 is a 6 year deal.
Especially when the player receives more money in 2006 than due in his original contract.
And especially when the team is able to use the 2006 season to amortize its cost.
 
Miguel said:
Is it a 5-year extension covering the years 2006/2007/2008/2009/2010/2011??

If so, then, IMO, it is a 6-year deal averaging $5.5 million.

It doesn't work that way. With your line of thinking, the last year of any contract is a toss away. It simply can't work like that.
 
Speaking of Brady:

Nick Cafardo reported in the Boston Globe:
"Some interesting tidbits from the 22-page contract of Patriots quarterback Tom Brady, which was signed May 4:
Here is how the first line reads: ''TERM: This contract covers 5 football seasons and will begin on the date of execution or March 1, 2005 whichever is later and end Feb. 28 or 29, 2010 unless extended, terminated or renewed as specified elsewhere in this contract."

I take the above as Brady's contract including the 2005 and 2006 seasons even though he was already under contract for them.
 
The Pats actually have opened up a situation that is potentially much more complicated than the one they had before they agreed to let Chayut explore a trade. Before they did that, there wasn't any slightest possibility of a grievance with any merit. It is now a fact that there will be a grievance hearing.

I hope the Pats took this into account.

I agree with all of the posts that say that in a legal sense and more than likely in a court situation, the Pats have not given up any rights whatsoever to the present written contract and that Chayut has no case.

The huge problem with this is the arbitrator. Arbitrators do not - in the slightest - have to rule based on sound legal basis (or that non-existent concept in law of fairness). They are complete wild cards. And history is littered with arbitrators handing down ridiculous and one-sided judgments. The result of this arbitration is probably decided completely at the outset without regard to the substance of any actual issues by simply the selection of the arbitrator !! This is a HUGE first test for Roger Goodell. If he is weak about making sure that the arbitrator is at least one who will actually decide on the legal issues versus caving in to the selection of an arbitrator sought by the NFLPA who will automatically rule in the favor of the player, IT'S GOING TO BE THE START OF CHAOS. This situation has FAR more widespread impact that just the Patriots and Branch situation. This is the harbinger of what is to come over the next 2 years. Maybe you should enjoy your football this year, because after this 2 year period of grace, the NFL could be in a shambles.

Now doesn't that make you feel better ? :rolleyes:
 
upstater1 said:
It doesn't work that way. With your line of thinking, the last year of any contract is a toss away. It simply can't work like that.
Look at the standard NFL contract in the CBA:

1. TERM. This contract covers __________ football season(s), and will begin on the date of execution or March 1, __________, whichever is later, and end on February 28 or 29, __________, unless extended, terminated, or renewed as specified elsewhere in this contract.

Look at the 1st line of Brady's extension.
 
Miguel said:
Speaking of Brady:

Nick Cafardo reported in the Boston Globe:
"Some interesting tidbits from the 22-page contract of Patriots quarterback Tom Brady, which was signed May 4:
Here is how the first line reads: ''TERM: This contract covers 5 football seasons and will begin on the date of execution or March 1, 2005 whichever is later and end Feb. 28 or 29, 2010 unless extended, terminated or renewed as specified elsewhere in this contract."

I take the above as Brady's contract including the 2005 and 2006 seasons even though he was already under contract for them.
DaBruinz and upstater1, what 5 seasons does Brady's contract cover??

IMO, 2005/2006/2007/2008/2009 and the Patriots had an option for 2010 which they exercised.

What is your answer???
 
Miguel said:
Speaking of Brady:

Nick Cafardo reported in the Boston Globe:
"Some interesting tidbits from the 22-page contract of Patriots quarterback Tom Brady, which was signed May 4:
Here is how the first line reads: ''TERM: This contract covers 5 football seasons and will begin on the date of execution or March 1, 2005 whichever is later and end Feb. 28 or 29, 2010 unless extended, terminated or renewed as specified elsewhere in this contract."

I take the above as Brady's contract including the 2005 and 2006 seasons even though he was already under contract for them.
Good Call ! Now all we have to do is figure out whether the offers of the Patriots were really for an extension, as it seems it was being reported, or if it was a new contract offer replacing his existing one.
 
arrellbee said:
Good Call !

Not bad for a person using BS thinking:)
 
Miguel said:
Not bad for a person using BS thinking:)
I like your thinking, whatever type it may actually be. Thanks for all of the great info and insights !!
 
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