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Question of the Day
Some players have also suggested that Goodell’s bounty punishments are part of an agenda to make the league look tough on player-safety matters in order to mitigate exposure to lawsuits filed by numerous retired NFL players who claim the league failed to educate them about or prepare them for many of the long-term physical ailments, including brain disease, that a pro football career can cause.
“A seminal question for this court is whether the NFL collective bargaining agreement … granted the commissioner, when serving as an arbitrator, the authority to disregard the essence of the parties’ agreement, to conduct proceedings that are fundamentally unfair, and to act with evident bias and without jurisdiction,” the lawsuit states. “The answer, under governing case law, is clearly `no.’
“The investigation and arbitration process that the Commissioner’s public relations machinery touted as `thorough and fair’ has, in reality, been a sham,” the lawsuit stated.
The lawsuit said the NFL violated the labor agreement by refusing to provide players with access to “critical documents or witnesses, or anything resembling the fairness mandated by the CBA and governing industrial due process law.”
The suit also states that Goodell “launched a public campaign defending the punishments he intended to arbitrate, rendering him incurably and evidently biased.”
The NFLPA also reiterated a claim that the CBA requires much of the “pay-for-performance” conduct outlined in the NFL’s bounty investigation to be handled by a system arbitrator and not the commissioner, who has “improperly usurped” control over that process.
The NFL has argued that the bounty matter falls under conduct detrimental to the league, which the commissioner has authority to punish. Two arbitration rulings so far have ruled in the NFL’s favor on that matter, but the NFLPA lawsuit says the NFL’s handling of the bounty matter amounts to a “rare case” in which the arbitrators’ previous rulings should be set aside.
The union contends one arbitrator, Stephen Burbank, based his ruling on a statement that he saw his jurisdiction covering only improper payments made to players, but not the payments the NFL has said players made into the bounty pool.
“This distinction cannot be justified by the CBA, nor can it override the fact that the NFLPA has never agreed to arbitrate these types of disputes before the Commissioner,” the lawsuit said.
Included with the 55-page lawsuit are 400 pages of exhibits, including about 200 pages of evidence that the NFL presented at the appeal hearing. The lawsuit notes that those documents represent a “sparse” sampling of the 18,000 documents totaling about 50,000 pages that the league said it compiled during its investigation.
One exhibit is a sworn declaration from Duke Naipohn, a fatigue risk management specialist who was working closely with the Saints defense throughout the 2011 season. Naipohn said he attended most defensive meetings and never saw bounties placed on opposing players or saw Saints players rewarded for injuring opponents.
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