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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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Well it all depends. "IF" procedure is to bring an arguement to the Exec committee, and if they see something wrong then it is supposed to be brought before the owners at a meeting for a vote, then a punishement applied.... their procedures were all screwed up. They went beyond their procedures. If there is no formality in how this is supposed to be handled then your right.
Two main things bother me constantly about this....
1- the league approved the contracts when they had the opportunity to not do so. Shame on them move on.
2- other teams did similar deals. Either punish all or punish none. It should not matter what the money amount was.
Going back to my #1, the league approved the deals because had they not there would have been the proof the NFLPA needed to file a law suit against the league for colluding to keep costs/salaries down. Although this is not a court of law... if it was I think a judge would have a hard time getting past the leagues blatent colluding before looking into whether the Skins and Boys did anything wrong or should be punished. I guess the league is now confortable with thinking the NFLPA can't or won't do anything about their colluding for the league to punish the two teams.
Basically I'm baffled at how 30 team owners can point fingers the whole time they are actually breaking the labor law, at two teams who chose not to break the labor law, and punish the two teams for not following the illegal agreement.
But as has been stated, it's going to be what the Skins and Boys put up as arguements for the Arbitrator to investigate. If it's only procedure then you guys might be right. However what is the normal procedure for this type of issue? for the Exec committee to simply punish then take it before the owners for a vote? That doesn't sound right. Maybe they don't need the vote and were just trying to see if all the other owners were on board with the punishement.
Maybe the arguement is that the league approved these deals and shouldn't have if they violated the CBA. The Arbitrator can then possibly agree that the league having ample opportunity to deny them and didnt' shouldn't give them the right to now punish for something they didn't exersize back when they could.