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Players appeals have been robbed

Posted on 5/3/12 at 10:08 am
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
64322 posts
Posted on 5/3/12 at 10:08 am
Check out this bullsh#t!


quote:

Goodell said in his ruling that the players violated Article 46 of the league's collective bargaining agreement. That means the punishments are tied to off-field activities and "conduct detrimental to the integrity and public confidence in the NFL," the league's news release said.


quote:

Tulane law professor and sports law expert Gabe Feldman pointed out that under the collective bargaining agreement approved last year, the players agreed to make Goodell the sole arbiter of such off-field issues. In other words, the appeals road for the players runs right back to Goodell, just as it did with Saints Coach Sean Payton, General Manager Mickey Loomis and interim head coach Joe Vitt -- all of whom had their appeals summarily rejected.



quote:

The players, who are expected to appeal, don't have an independent authority to whom they can turn for an appeal.


nola.com

LINK


It seems the Union gave godhead more power than before.
Similar to the interstate commerce law the Federal Gov uses to apply its power to anything and everything so to it seems is goodhead.

If all this is tied to 'off field issues' then anything can fall under same.

And goodhead is truely a dicktator!
Posted by Chad504boy
4 posts
Member since Feb 2005
166246 posts
Posted on 5/3/12 at 10:09 am to
players can try to file for a court injunction on some type of "my boss is a dick head" argument.
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
64322 posts
Posted on 5/3/12 at 10:10 am to
Where do I file?

Posted by Chad504boy
4 posts
Member since Feb 2005
166246 posts
Posted on 5/3/12 at 10:13 am to
And you know, more food for thought. Players and the player's union need to own up to some responsibility to all of this as well. I'm kind of putting in my own words what gabe was saying yesterday.

The players agreed to this CBA with Goodell, if these certain issues were big enough, they shouldn't have agreed to it, keep fighting it, and/or gave up other concessions to conceed these things back. A lot of players were very concerned about Goodell being judge,jury,and executioner and in the end, the player reps did not get what a lot of their players wanted. Goodell is being a dick by going by letter of the law on the cba but it is what it is.

And to note, I think its quite relevant to point out how involved Drew was with all this cba and how he possibly has this political career afterwards and how the rules of this CBA is completely blowing up in the union's face. D smith should be fired, then Goodell.
Posted by 10888bge
H-Town
Member since Aug 2011
8421 posts
Posted on 5/3/12 at 10:14 am to
I believe that the NFLPA can file in court. Mainly if they think that discipline was filed under article 46 falsely as to circumvent arbitration agreed upon by NFL and the NFLPA.
Posted by shel311
McKinney, Texas
Member since Aug 2004
110820 posts
Posted on 5/3/12 at 10:17 am to
quote:

Players appeals have been robbed
quote:

the players agreed to make Goodell the sole arbiter of such off-field issues


Meh.
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 5/3/12 at 10:17 am to
Posted by 10888bge
H-Town
Member since Aug 2011
8421 posts
Posted on 5/3/12 at 10:27 am to
^^^^^this*100^^^^^
Posted by Skidaddy
Where I am
Member since Feb 2009
366 posts
Posted on 5/3/12 at 10:41 am to
I have a feeling this bounty stuff is going to get real interesting before it's over.
Posted by Suntiger
BR or somewhere else
Member since Feb 2007
32953 posts
Posted on 5/3/12 at 11:26 am to
I'd file a lawsuit in Federal Court saying that the way that the punishments were implimented violated due process in the fact that the process provided no notice or fair hearing and that the procedures are not spelled out and implimented in an arbitrary manner.

Make Goddell defend him process to the Courts!


IMHO
Posted by DM
louisiana
Member since Aug 2007
414 posts
Posted on 5/3/12 at 1:29 pm to
so essentially the lack of any egregious behavior on the field (which would be a prime indicator of such a program off the field) gives Goodell a pass in having to justify his actions by providing evidence to a nuetral party. this leads me to a couple possible conclusions:

1. the evidence is weak at best and Goodell doesn't think it will hold up to any scrutiny
2. Goodell is a count
3. 1 & 2
Posted by kclsufan
Show Me
Member since Jun 2008
12092 posts
Posted on 5/3/12 at 1:33 pm to
quote:

I believe that the NFLPA can file in court. Mainly if they think that discipline was filed under article 46 falsely as to circumvent arbitration agreed upon by NFL and the NFLPA.

I agree. The problem is, unless art 46 is clearly defined, it can mean whatever Goodell says it means. Are on/off the field activities ever defined in the CBA?

edt: the way I take "off the field" is to mean non-football related activities like rape and shooting people in night clubs. "On the field" does not literally mean within the physical boundaries of a gridiron, but relates to football activities like practice, meetings, and game play. IMO

edt2: then again, off the field may mean anything outside the confines of a game where there are refs with flags.
This post was edited on 5/3/12 at 1:40 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98702 posts
Posted on 5/3/12 at 1:44 pm to
Actually, to the extent their is any ambiguity in a written instrument, those ambiguities are construed against the drafter. As I recall, the CBA was presented by the NFL to the NFLPA, who ratified it. Hence, under contract law principles, it would be construed against the NFL as the drafting party (or the party that furninshed the text).
Posted by kclsufan
Show Me
Member since Jun 2008
12092 posts
Posted on 5/3/12 at 1:46 pm to
I did a quick search and didn't see anything resembling "bounties" as being an off the field activity.
Posted by 10888bge
H-Town
Member since Aug 2011
8421 posts
Posted on 5/3/12 at 1:50 pm to
so it is up to the NFL to define in which context article 64 refers?
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98702 posts
Posted on 5/3/12 at 2:08 pm to
quote:

so it is up to the NFL to define in which context article 64 refers?


Actually, no. It will be up to the courts to determine if the manner by which the NFL is interpreting Article 46 was that contemplated and agreed to by the parties.
Posted by kclsufan
Show Me
Member since Jun 2008
12092 posts
Posted on 5/3/12 at 2:11 pm to
quote:

It will be up to the courts to determine if the manner by which the NFL is interpreting Article 46 was that contemplated and agreed to by the parties.

As long as they can at least get this into court (if need be) that's a win for the NFLPA. I really don't think Rog wants this going into court.
Posted by 10888bge
H-Town
Member since Aug 2011
8421 posts
Posted on 5/3/12 at 2:13 pm to
ok, i got'ch now.
NFL "Here, agree to this."
NFLPA "OK"
NFL "We are suspending players under article 64"
NFLPA "Hold on there Cochise, that's not what article 64 is"
off to court we go.
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
64322 posts
Posted on 5/3/12 at 4:21 pm to
drunkin bump

Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 5/3/12 at 4:45 pm to
Goodell sucks. Player suspensions are overreaching, no evidence, players deny stuff, grrrrrrrrrrr. Hulk smash
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