Redskins, Cowboys could go “nuclear” over cap mess

[HoopheadVII]

Originally Posted by FRPLG

Still waiting on an informed legal opinion on the above and I have another question.

What set of laws, rules, guidelines, philosophies is the arbitrator tied to? Meaning does he interpret law as it applies here, NFL rules, some combo of the two, basic ethical principles, or what?

According to the CBA, the arbitrator in the case has exclusive jurisdiction to enforce certain articles of the CBA, including the ones regarding the salary cap.

The issue here is that the parties to the CBA are the NFLPA (exclusively representing the players), and the NFLMC (exclusively representing the Clubs that employ the players).

Normally, arbitration under the CBA is intended to settle grievances between Clubs (employer) and players (employee). It is not intended to settle grievances between the Clubs and the NFL or NFLMC.

Essentially, the Clubs involved here are claiming that they don't like how the NFLMC represented them in modifying the CBA with the NFLPA. The problem is that the owners voted 29-2-1 to accept the changes and the NFLPA has accepted the changes. I'm not sure how the system arbitrator for the CBA is supposed to give two Clubs relief based on the fact that they don't like that they were outvoted.

If they do get relief, I'd guess it's based on the fact that the whole concept of the salary cap throughout the CBA is that "Salary Cap" is one number, and it's specifically defined as being the same for all teams. I suppose they'd have to argue that making the salary cap different for different teams completely violates the whole concept and the modifications to include these penalties is inconsistent with the rest of the CBA.

The only reason arbitration is involved at all is because the punishment involves the salary cap, the salary cap is relevant to the CBA, and the CBA provides for arbitration to enforce its provisions.

If the Commissioner had settled on another punishment, the Clubs would only have the options of a) appealing to the Commissioner to reconsider a la Sean Payton, or b) suing the NFL. The former wouldn't go anywhere, and the latter isn't something the Clubs involved seem to want to do.

There is no provision for arbitration in the NFL Bylaws (which governs the relationships between the NFL and member Clubs). The Commissioner has certain specific authority and the Executive Committee (32 owners) has authority for everything else, subject to a 3/4ths majority vote.

Personally, I believe the best case is that the Clubs and League settle on a reduced punishment in order to make this go away. Since the NFLPA is a party to the CBA and apparently named in the grievance, they will get discovery on all documents produced as part of this case. I don't think either the League or the Clubs involved really want to hand the clubs any more information than they have to in this matter.

IMO, the League made a complete mess of this punishment, but has now tied up their procedural loose ends. They probably have legit grounds for dismissal, but I'd guess they don't get it right away. I'd guess (and hope) the Clubs play chicken long enough to get the League to reduce the punishment.