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Don't kid yourself. The ace in the hole for Goodell is that the union agreed to him as the arbitrator in the collective bargaining agreement. It is very difficult to overrule an arbitrator's decision. This judge has a reputation of almost always upholding the arbitrator's decision. Most true legal experts (as opposed to ignorant pundits) believe the Judge is being so hard on the NFL to force a settlement.
It pains me to say this, but Stan nails it WRT both the legal issue re arbitration and why the judge is banging a bit on the NFL.
The whole point of arbitration is to avoid expenses and use of judicial resources. When the parties agree to arbitration and agree to the arbitrator, that's the decision unless the arbitrator didn't follow the agreed to rules (Ray Rice).
Dan Patrick: What was your reaction to [Urban Meyer being hired]? Brady Hoke: You know.....not....good.
The NFL couldn't have bungled this any further. They really screwed up the arbitration. They have terrible evidence and the arbitrator was also the guy doling out the punishment. Talent and Stan are right on this, but the NFL may have crossed the threshold where the court can't give high deference to the arbitrator.
When the judge is bringing up arguments that even Kessler hasn't brought up to the NFL, it seems like he is tipping his hand. Pretty much the NFL is clinging on to the article 36 of the CBA like it is the get out of jail free card. Its not an ace in the hole, its the only the card they have played. Basically they are saying, "it doesn't matter if our case is shite, we have the power." In reality, they've had arbitration thrown out numerous times including Rice and Peterson. Perhaps those cases were more egregious in their application because he was applying new guidelines to after the fact cases.
It may be the case that Berman is trying to force a settlement, but there is no settlement to be reached. Brady won't admit guilt and the NFL wants him to. Even if they get off that, the NFL will want him and the NFLPA to sign off on the Commisioner having this power. That is a non-starter in my view. He's literally had at least 4 investigations bungled, this is not a man who should retain power.
It pains me to say this, but Stan nails it WRT both the legal issue re arbitration and why the judge is banging a bit on the NFL.
The whole point of arbitration is to avoid expenses and use of judicial resources. When the parties agree to arbitration and agree to the arbitrator, that's the decision unless the arbitrator didn't follow the agreed to rules (Ray Rice).
Nice to see Talent and Stan combine their super powers to defeat the forces of evil for a change.
We'll see. I've been on record on this thing for a long time. So there's not much use in addressing armchair pundits any further.
When the fucking Collective Bargaining Agreement says he has the authority "should" doesn't matter one fucking bit.
When you keep on bungling the cases it should matter. Not allowing the NFLPA to call Jeff Pash was a big issue for Berman. Is it a real arbitration? They keep on getting their asses handed to them in court even though the CBA gives him power, it doesn't give him power to make it up as he goes along.
I have no idea what's going to happen. But the NFL has gotten it rulings and arbitrations consistently overthrown. They are utterly careless with what they do and it fails in court.
There is nothing in the CBA that says the commissioner has the right to suspend for failure to cooperate. They gotten that overturned n the past in Bountygate. The thing is they've tried to assert that he has the rights in the CBA in the Rice, Peterson and Bountygate and it has consistently be fried on appeal. Well, Bountygate was an actual real arbiter in Tagliabue, he found Goodell's ruling full of swiss cheese.
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