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Bounty grievance rejected (one down, one to go)


Mr. Scot

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From the unmentionable site (no alternate link provided this time): Burbank rejects bounty grievance

Five days after a hearing was held on the question of whether the discipline imposed on four players connected to the Saints* alleged bounty system falls within Burbank’s sole jurisdiction under the labor deal, a source with knowledge of the situation tells PFT that Burbank has rejected the players’ argument.

The four players who have been suspended (Saints* linebacker Jonathan Vilma, Saints* defensive end Will Smith, Browns linebacker Scott Fujita, and Packers defensive end Anthony Hargrove) and the NFLPA argued that, to the extent the penalties arise from alleged salary-cap violations, the CBA gives full and exclusive authority to Burbank for determining whether or not the rules regarding paying players were broken.

And so Burbank will not be interfering with the discipline process, which the NFL believes should continue with appeal hearings before Commissioner Roger Goodell.

Under the CBA, the decision is subject to appeal, not to any outside court but to an internal appeals panel. It’s unclear at this point whether an appeal will be pursued, but it would not be a surprise if it happens.

Still pending is a separate grievance filed before arbitrator Shyam Das, who has been asked to decide whether the new CBA prevents Goodell from imposing any discipline on players for conduct occurring before it was signed, and also whether the appeals should be handled by Ted Cottrell or Art Shell, who have been jointly appointed by the NFL and the NFLPA to review discipline imposed by Goodell for on-field misconduct.

To simplify the above, the players were trying to get a ruling that this would have fallen under Special Master Stephen Burbank's authority rather than Roger Goodell's. Burbank said "nay". A separate grievance trying to say the new CBA prevents punishment for anything that happened under the old agreement is still on. This one could be appealed, but for now it's out.

Mind you, this has not been officially announced yet (attributed by Florio to a "source with knowledge") but it's not exactly farfetched.

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Related Note: The NFL Coaches Association is now calling out the Players Association essentially for not manning up and taking their punishment like professionals (link)

The wording is pretty harsh.

After destroying the best opportunity in the history of sports for NFL players to maximize the economic benefits of playing the game, NFLPA leadership has now turned its sights on destroying the bond between NFL players and NFL coaches. Its strategy in the bounty investigation has been to throw coaches under the bus to save the players involved.

As the NFLPA was suing NFL coaches and sponsoring the declaration of Anthony Hargrove, in which it encouraged a young man to admit to lying and then tell a new lie by claiming that his coaches made him do it, we now learn that DeMaurice Smith was scheming for the release of the Gregg Williams tape because he thought players would look better if he made Williams look worse. The NFLPA’s “my coach made me do it” defense is petty and irresponsible and is further evidence that union leadership is not up to the task of leadership.

As was the case in March 2011 when Smith refused to review additional league financial disclosures because he thought ignorance gave the NFLPA the upper hand in its failing public relations strategy, the NFLPA’s “no evidence” defense in the bounty investigation has been exposed as nothing more than a directive from Smith that players not meet with the Commissioner and not look at records uncovered in the NFL’s investigation so that Smith’s strategy of blaming their coaches would have the illusion of merit.

In New Orleans, Coach Payton and Coach Vitt have taken responsibility and their colleagues across the league have made it clear that NFL coaches do not condone any playing technique or motivational tool that compromises the fundamental principles of fair play and sportsmanship. From Pop Warner to the NFL, accountability is the most important attribute in the bond between coaches and players, but the NFLPA’s defense in the bounty matter is nothing more than finger pointing, which is demeaning to players, offensive to coaches, and destroys the standard of accountability that is expected from a Pro.

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somebody tell me when to stop singing "my girl wants to party all the time. . party all the time. . PAAAARTY ALL THE Tiiime", this just keeps getting funnier and funnier.

Thanx, that's just what I needed...to get a Eddie Murphy song stuck in my head.

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Hum the theme song from "George of the Jungle". In my experience, that displaces all other "brain worms".

Oh, and no shock, the decision is being appealed to a special panel (link)

Pertinent info:

The union will appeal the decision to the Appeals Panel provided under the Collective Bargaining Agreement. Per their statement, the union “believes that the players are entitled to neutral arbitration of these issues under the CBA and will continue to fight for that principle and to protect the fair due process rights of all players.”

It’s important to note that Burbank’s decision has nothing to do with how the players will be punished. As he wrote in his decision and the NFLPA quotes in its statement, “nothing in this opinion is intended to convey a view about the underlying facts or the appropriateness of the discipline imposed.” This is a procedural issue about who decides the penalties and Burbank’s opinion is that power should rest with NFL Commissioner Roger Goodell.

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