Finally, the Clubs suggest that enforcement of the Reallocation Letter as ratified by the March 27 Resolution might (depending on facts as to which they seek discovery) condone violation of the 2006 CBA and perhaps the federal antitrust laws. But, as the League argues, the remedy for any breach of the 2006 CBA is to be found in that agreement, which is not a source of public policy for this purpose. Moreover, anticompetitive behavior in 2012 of the sort the Clubs imagine is similarly shielded from antitrust inquiry, and any remedy must be found in the anti-collusion provisions of Article 17 of the CBA. The Clubs lack standing to enforce those provisions.Now as I always say I'm nobody's lawyer, however it seems pretty clear that Jerry Jones and Dan Snyder at least hinted at the other owners colluding illegally in the uncapped season a couple of years ago. And the arbitrator makes no attempt to suggest they are wrong. Instead the other owners get off on what appears to be a technicality. Why? Because the NFLPA, under duress (Roger Goodell and nem reportedly threatened to make the 2012 salary cap lower than the 2011 salary cap if they didn't play along), agreed to the cap penalties so Jones and Snyder had no way to get relief. They couldn't even get to see evidence that may have proven their case. It immediately brought this Richard Nixon clip to mind...
Tuesday, May 22, 2012
I was reading through the arbitrators decision to dismiss the grievance from Cowboys and Redskins and I got almost to the end before I found what I was looking for:
Posted by Stephen White at 4:28 PM