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NFL :domestic violence first offense..6 games ...lifetime ban 2nd offense


Jmac

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This is a silly and over reactive decision by the NFL but they are a private organization and can do what they want mostly.

 

First of all the players and owners are governed by the CBA and while I haven't fully read it my understanding is that it demands certain punishments (mandatory drug suspensions) and leaves others to the discretion of Goodell. If Goodell decides to suspend Hardy for 6 games down the road a lawyer can't legitimately sue over that, rather it will be in the hands of the arbitration committee since that is likely what the CBA dictates. Unless the CBA has rules regarding grandfathering Hardy would like be at the mercy of arbitration. Of course lawyers can sue or argue for anything.

 

The analogy would be you getting fired at your workplace when the last guy only got reprimanded for lewd conduct. If your HR handbook says the CEO can dole out punishment as he pleases you aren't getting far with lawyering up.

 

However the penalties for domestic violence and drug violations have been in place for a long time and the NFL is only acting now because Mike & Mike et. al. have latched onto it. The NFL could have adjusted their punishment ages ago but they choose to do so now because it made the news.

The NFL is not a private company in the sense that the rules of private companies apply here..  The NFL is a trade organization made up of 32 privately owned businesses and because of that the NFL can't do what they want and are under a number of scrutinies that a normal private company would not be subject. Yes the CBA does dictate what was negotiated.  The issue is the clause that gives Goodell power to determine guilt and mete out punishments for conduct detrimental to the league.  Even then Goodell can't just do what he wants since he serves at the discretion of the owners and can be fired or dismissed by the owners if they don't like what he is doing.

 

So the whole analogy is not germaine here and is inaccurate since this is not a private business doing what they want, this is a trade organization imposing  a fine on an employee of an private company over which they have some power as noted by the CBA but only that which has been granted to him.   You are correct that this is not a new policy and Goodell had the ability to set any length of punishment for whatever he decides is detrimental conduct.  However this is more smoke and mirrors to make the league look tough on domestic violence.  Goodell will impose his punishments, the player will appeal it and like typical the fine will get reduced,  But he looks good and the league can pound their chest that they were tough on domestic violence.  If he wants to make mandatory punishments that are binding and can't be appealed then he has to amend the CBA..

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The NFL is not a private company in the sense that the rules of private companies apply here..  The NFL is a trade organization made up of 32 privately owned businesses and because of that the NFL can't do what they want and are under a number of scrutinies that a normal private company would not be subject. Yes the CBA does dictate what was negotiated.  The issue is the clause that gives Goodell power to determine guilt and mete out punishments for conduct detrimental to the league.  Even then Goodell can't just do what he wants since he serves at the discretion of the owners and can be fired or dismissed by the owners if they don't like what he is doing.

 

So the whole analogy is not germaine here and is inaccurate since this is not a private business doing what they want, this is a trade organization imposing  a fine on an employee of an private company over which they have some power as noted by the CBA but only that which has been granted to him.   You are correct that this is not a new policy and Goodell had the ability to set any length of punishment for whatever he decides is detrimental conduct.  However this is more smoke and mirrors to make the league look tough on domestic violence.  Goodell will impose his punishments, the player will appeal it and like typical the fine will get reduced,  But he looks good and the league can pound their chest that they were tough on domestic violence.  If he wants to make mandatory punishments that are binding and can't be appealed then he has to amend the CBA..

Da fug are you talking about? 

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the nflpa has already stated that this falls under the personal conduct code, and therefore goodell can act unilaterally. They've also said they'll fight for any member where his due process is being infringed, IE being banned while still under investigation. 

 

Although this is a good thing, it was a rushed policy intended to quell anti-nfl public opinion, and as such isn't really thought out because goodell is a talentless hack. this will very likely require a few legal battles to hash out where the lines will be drawn irt what constitutes a probation, beyond what goodell decides does. 

 

lastly, if your first thought was "how does this effect the woman beater i cheer for" you are a useless piece of poo. 

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the nflpa has already stated that this falls under the personal conduct code, and therefore goodell can act unilaterally. They've also said they'll fight for any member where his due process is being infringed, IE being banned while still under investigation. 

 

Although this is a good thing, it was a rushed policy intended to quell anti-nfl public opinion, and as such isn't really thought out because goodell is a talentless hack. this will very likely require a few legal battles to hash out where the lines will be drawn irt what constitutes a probation, beyond what goodell decides does. 

 

lastly, if your first thought was "how does this effect the woman beater i cheer for" you are a useless piece of poo. 

Agree that this is more publicly salvaging his image after the way he screwed the pooch with Rice,  As you said the NFLPA will fight this and every player will appeal any fine he doles out.  So far several of his punishments have been reduced.  But he still looks good and can say he was tough on domestic violence even if the punishment is reduced. 

 

CREDO and UltraViolet garnered more than 100,000 signatures on a petition demanding Goodell do more about domestic violence. 

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