Redskins, Cowboys could go “nuclear” over cap mess


SBXVII
05-08-2012, 01:59 PM
Another good write up;

salary cap penalty | Tumblr (http://www.tumblr.com/tagged/salary-cap-penalty)

OK. Now the original CBA (Set of agreed rules by which the NFL and NFLPA govern) which was constructed in the 90s was intended to expire in 2010. The makers of this old CBA put in an uncapped 2010 year in place in order to almost scare the two sides into an agreement for a new CBA prior to entering into that unwelcoming uncapped year. But that didn’t happen. Enter 2010. No CBA regulation on spending, teams are allowed to spend as they please. No cap, no floor.

Now here’s what irks me about this whole thing.

1.The teams broke no rules- Imagine driving on the German autobahns and someone warns you that you shouldn’t drive so fast because in two years there is going to be a speed limit and you could get punished for what you did. Rules are time specific and in instances like this retrospective punishment is uncalled for. Evidence that no rule was broken is the fact that the LEAGUE APPROVED ALL THE CONTRACT CHANGES WHEN THEY HAPPENED.

2.It is collusion and conspiracy- The timing stinks of collusion. Why not bring out this issue last year? Well because the NFLPA would have no choice but to call foul at that time because players would realize the proof that there were some “UNWRITTEN rules” the owners colluded by. This would enrage the players because you are penalizing “big spenders” like Dan Snyder and Jerry Jones and thus taking away money that could be going to the players. Well this begs to ask the question: “Why did the NFLPA agree to these penalties now?” ENTER CONSPIRACY. NFLPA Director DeMaurice Smith’s contract is set to expire this month. Many believe that if he did not continue to elevate the salary cap from years past, his job would be lost. The penalties issued to Dallas and Washington and subsequently redistributed to the other 28 teams puts the cap just above last years. Job secured De! Well done.

3.New Rule inclusion- First off, the New CBA did not even have any punishment for teams that took advantage of the uncapped year. This was a revision to the CBA that was not even taken to vote by the owners but rather changes were made by “side letter agreements.” Something this important should not have been left up to “after the fact” revisions constructed without votes. Additionally, if spending so much more gives you an unfair shot at winning and thus upsetting the “competitive balance” then why doesn’t spending significantly less upset this balance in the opposite direction. The Bucs, Chiefs, and Jags all spent absurdly low amounts of the “floor-less” cap in 2010. People questioned the Malcolm Glazer (Bucs Owner) of using that year to pay off the debts he owed to the Manchester United soccer club he also owned. The New CBA has included a Salary Cap minimum or floor that every team must adhere to. So why weren’t those cheap teams warned of possible penalties for their cheap spending?


A very well written article. and I agree with her sentiment on paragraph 3, something so important as making an addendum or something that would be as important as to punish someone should have been taken to an owners meeting for a vote on whether the new made up rule should be added to the new CBA or not. Not simply behind the curtains agreements and a punishment issued.

HoopheadVII
05-08-2012, 02:31 PM
NFL warned teams “at least six times” about not dumping salary in uncapped year | ProFootballTalk (http://profootballtalk.nbcsports.com/2012/03/12/nfl-warned-teams-at-least-six-times-about-not-dumping-salary-in-uncapped-year/)

Um, maybe I'm reading this wrong but ... thats not what the Skins did. I take that to mean paying the whole contract off in order to "dump" the salary. No different then at the time prior to the "uncapped" year many thought the teams could cut all those high priced contracts and be done with them in an uncapped year so as not to have them on the books anymore. Personally the rule covers these issues.

I don't see the "reworking" of a contract, and paying the players bonus in one year as "dumping" a players contract/Salary.

They "dumped" $21m of Haynesworth signing bonus and $15m of Hall roster bonus into 2010 instead of spreading them over the life of the contract.

HoopheadVII
05-08-2012, 02:35 PM
As far as the arguement that the NFLPA didn't have to agree to anything because it didn't effect them....

McNair says there was no union “quid pro quo” for Redskins-Cowboys cap penalties | ProFootballTalk (http://profootballtalk.nbcsports.com/2012/04/02/mcnair-says-there-was-no-quid-pro-quo-for-redskins-cap-penalties/)



The last 2 paragraphs speak volumes.

Of course the union got something - DeMaurice Smith got to keep his job. The league twisted the NFLPA's arm and used up goodwill they should be putting to better future use than punishing their own teams.

HoopheadVII
05-08-2012, 02:36 PM
I really love how the whole conspiracy to punish the two teams was handled in such the super secret way.

Agree this was ludicrous.

HoopheadVII
05-08-2012, 02:38 PM
Unless I'm completely misunderstanding you Hoop, everytime I say "the league approved" the contracts you say "the league doesn't approve contacts." Funny that Jerry Jones seems to side with my opinion;

Jerry Jones on Cowboys’ cap penalty: NFL approved our contracts | ProFootballTalk (http://profootballtalk.nbcsports.com/2012/03/23/jerry-jones-on-cowboys-cap-penalty-nfl-approved-our-contracts/)



So for someone who is so smart and business savy it's weird that he has no clue about what the NFL does either.

Meh, it's easier to say approve than didn't disapprove. All I know is what the NFL Bylaws say. It's a minor point - and I only made it to explain why the League didn't take action at the time.

HoopheadVII
05-08-2012, 02:41 PM
Another good write up;

salary cap penalty | Tumblr (http://www.tumblr.com/tagged/salary-cap-penalty)





A very well written article. and I agree with her sentiment on paragraph 3, something so important as making an addendum or something that would be as important as to punish someone should have been taken to an owners meeting for a vote on whether the new made up rule should be added to the new CBA or not. Not simply behind the curtains agreements and a punishment issued.

Her arguments don't hold up. She is laboring under the assumption that the two teams were punished for spending too much cash in the uncapped year - which is not what the league has said they punished the teams for.

It's also pretty clear she hasn't read the CBA.

FWIW, I believe the 29-2-1 vote at the owners meeting was whether to ratify the side letter modification to the CBA to include the penalties.

skinsguy
05-08-2012, 02:43 PM
I will be so glad when this mess is over with. I'm tired of the arguing.

SBXVII
05-08-2012, 03:17 PM
A comment from the "Sports Law Blog"

Thomas Grove said...
A clause in the NFL Constitution and Bylaws allows the Commissioner to take away draft picks and/or fine a team whenever he deems a competitive aspect of the game has been violated "at any time". Clause in conjunction with that allows Commissioner to refer the matter to the NFL Management Committee to impose any such other recommendations it deems appropriate. A final clause allows the Commissioner to disapprove of contracts within 10 days after such contracts are filed with the Commissioner.

Redskins and Cowboys will argue that by not disapproving the contracts within 10 days means the NFL accepted them, and they cannot now retroactively go back and punish them. NFL will argue that "at any time" language means they can go back and punish. The problem I see with NFL's argument is that the clause that the Commissioner can disapprove of contracts is directly on point in this situation.

Further, why are only the Redskins and Cowboys punished when other teams gained the same competitive advantage by (1) front-loading contracts (Julius Peppers, Kyle Vanden Bosch) and (2) going under the salary floor (8 teams did so in 2010). The teams that went under the floor also had the most cap room in 2012 and were able to sign the best players (Vincent Jackson, Carl Nicks for the Bucs, Mario Williams for the Bills, Laurent Robinson for the Jags). Those teams sacrificed 2010 to save money and rid themselves of bad contracts to gain cap space in future years, like 2012.

The only logical explanation for why the NFL did this is that the Redskins and Cowboys grossly outspent every other team in 2010, and that made certain NFL owners look bad in the CBA negotiations for wanting to lower player salaries.


He makes a arguement.

SBXVII
05-09-2012, 07:08 AM
Her arguments don't hold up. She is laboring under the assumption that the two teams were punished for spending too much cash in the uncapped year - which is not what the league has said they punished the teams for.

It's also pretty clear she hasn't read the CBA.

FWIW, I believe the 29-2-1 vote at the owners meeting was whether to ratify the side letter modification to the CBA to include the penalties.

Although the vote is what it was for mine and several others here I think feel that procedure is or was screwed up and the punishment should have been shelved until after that meeting. I don't have a problem with them deciding to come up with a new policy, I don't have a problem with them taking it to an owners meeting to be voted on and approved, and then the punishment given. My complaint is the order in which they handled their business and the fact the owners would have punished for something that happened prior to the policy, prior to the vote, and prior to approval of said punishment.

That's not how business works, not how the law works. How about now they go back and punish all the teams that engaged in a bounty program since the inception of the league?

CRedskinsRule
05-09-2012, 07:23 AM
I will be so glad when this mess is over with. I'm tired of the arguing.

I feel like a moth to a flame in that I open this thread every single time it's new/unread but in the end it's just a rehash.

I love good discussions, but this one is more like two boxers throwing the same jabs round after round with neither one landing a knockout punch.

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