Roger Goodell thinks he's officiating; the NFLPA says he's obfuscating. (Getty Images)
With all the talk about the right or wrong behind the NFL's decision to suspend four current and former New Orleans Saints players for the roles (both alleged and admitted) in the recent bounty scandal, perhaps the most troublesome aspect of the process is the extent to which the NFL Players' Association has asked the league for specific information regarding the process Roger Goodell and his minions went through ... and hasn't received it.
Yahoo's own Mike Silver and Dan Wetzel have written well this week about what needs to happen on both sides for this process to seem fair and equitable. When Shutdown Corner spoke with NFLPA lead outside counsel Richard Smith on Friday, we were surprised to find that the post-suspension appeal process isn't even about the right and wrong of bounties at this point -- right now, it's about jurisdiction and due process. In other words, folks, the repercussions of the bounty scandal have just begun.
[Related: Read the NFLPA's filings here]
NFLPA counsel Richard Smith. (Pro Player Insiders)When the NFL made its decisions known -- that Saints linebacker Jonathan Vilma would be suspended for a full season, current Green Bay Packers defensive tackle Anthony Hargrove for eight games, defensive end Will Smith for the first four games, and current Cleveland Browns linebacker Scott Fujita for the first three -- the NFLPA attempted to do what it does. According to Smith, the PA received nothing but a summary statement and the ability to review a PowerPoint presentation the league put together regarding the particulars of the violations.
Beyond that, Smith says, the NFLPA was given nothing requested -- no player names, no interview transcripts, no dates of violations per the NFL's investigations ... they weren't even allowed to take a copy of the PowerPoint with them to review it. Based on Smith's recollection of the process, the NFLPA's attempts to get that information and properly represent the players resembled the student court in "Animal House" -- a kangaroo court process from start to finish.
"All the PA ever physically received from the NFL were the report and the coaches' suspension decision [attached as Exhibits A & B] to the Burbank grievance, and the suspension letters to the 4 players, attached as Exhibits C-F to the Burbank grievance," Smith told us. "This the sum total of the "facts" that have been provided by the NFL. The League exhibited the PowerPoint in a meeting in March, 2012, but refused to make a copy available. They refused to make anything else available, even under an agreement of confidentiality. The PA's multiple requests to the NFL for documents and for the ability to interview witnesses have all been denied. The letters that were sent asking coaches to give interviews to the PA have all gone unanswered."
[Silver: NFL needs to publicly release evidence of players' bounty involvement]
The Burbank grievance smith spoke of is the grievance the NFLPA felt it had to file, given its unsuccessful attempts in the post facto discovery process. On Thursday, the PA filed a grievance with the NFL's vice president of labor arbitration and litigation, Buckley Briggs, and a System Arbitration with the System Arbitrator, Professor Stephen Burbank of the University of Pennsylvania Law School. You can find the filings here, but in a nutshell, these are the PA's contentions:
1. Roger Goodell's punishments "violated the [league's] duty of fairness to the players" and went against several aspects of the new collective bargaining agreement. First, per the filing, authority for any on-field conduct rests with the System Arbitrator (Burbank has served in this capacity for years) and not with the Commissioner.
2. Per the new CBA, Goodell is "prohibited from punishing NFL players for any aspect of the 'pay-for-performance/bounty' conduct occurring before August 4, 2011," which is when the new CBA was ratified. As we saw when the league came down hard of the Dallas Cowboys and Washington Redskins for alleged salary cap violations at a time when the salary cap didn't technically exist, Goodell now feels that the timeframe in which the league operated in a vacuum is now completely in his jurisdiction. The PA argues that the league agreed to release players from penalties for any pre-CBA conduct.
Right now, what Vilma and the Saints did or didn't do isn't part of the NFLPA's argument. (Getty Images)
There are other issues here, but let's take a break from all that legalese and read the statement the NFL released on Friday as a response to the grievances.
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