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Old 04-23-2012, 10:55 AM   #743
JoeRedskin
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Re: Redskins, Cowboys could go “nuclear” over cap mess

Quote:
Originally Posted by SBXVII View Post
An Arbitrator is someone who hears a disagreement between two parties. He doesn't make the rules but he makes sure people are following them. I'd imagine he would be looking at the old CBA also to see if any rule was broken, or if any rule was broken after the new CBA was signed. The problem is the issue happened after one CBA and prior to the new CBA. In other words... no law or rule was broken.
Generically, you are correct that arbiters are people who hear disagreements to provide a resolution short of seeking a judicial rememdy. There are several kinds of arbitors but mostly they are either contractual or court appointed. If contractual (as here), their authority is spelled out in the contract (the current CBA). If court appointed, their authority is that given them by the court.

In this case, the arbitor's authority comes solely and expressly from the current CBA for which the parties are the NFL and the NFLPA. I may be wrong but I believe the individual clubs are only a party to the CBA under the umbrella of the NFL.

While he may look beyond the current CBA to get all the facts, his ability to force any remedy is limited to determining that there was a violation of the current CBA.
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