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Originally Posted by FRPLG
I think Hoop and JR have it. In non-legal terms...the owners can do to each other whatever the hell they want, whenever they want to do it. As long as it doesn't run contrary to the CBA. As JR said it seems our first move is to challenge the punishment on procedural grounds.
I have asked the question about fairness in hopes that someone would give me the magical answer that the arbitrator can indeed rule based on basic fairness but I am pretty sure he cannot. In which case I agree the our procedural challenge is very likely our weakest argument at this point and that leads me to believe that it is only our first step.
I think it is super important for everyone to step back and look at this from a technical and legal standpoint. What is "fair" sounds like it is irrelevant to me. What is proper (as in they have a right to do it) is all that matters.
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I think it is our first step. I am sure the lawyers who make lots of money doing these things have mapped out a strategy - but it seems to me this is really a bad way to do it. By starting with the weakest argument, you are setting yourself up to lose out the gate AND you risk losing arguments that may be better presented in a different forum. (i.e. - a judicial court may say to certain arguements "Oh, that issue is within the range of those brought out in arbitration and you can't bring them now".)
Personally, I think they should have gone nuclear out of the gate and say "Fix it or let the chips fall where they may" (Call it the "Al Davis Approach"). Instead, it seems that they are trying to play nice and are at risk for losing some arguments that would be best made in a court of general jurisdiction.
But, hey, I guess its why their lawyers make the big bucks.