Arbitrator Rejects NFLPA’s Bounty Plea

The NFL Player’s Association was challenging Roger Goodell’s ability to punish players involved in the New Orleans Saints’ infamous bounty scandal. University of Pennsylvania law professor Stephen Burbank, the arbitrator, has determined that Roger Goodell does indeed have that ability to punish players under the new collective bargaining agreement that was agreed upon last August.

Goodell aside from suspending Head Coach Sean Payton for the entire year also suspended LB Jonathan Vilma for the whole season. Other notable suspensions include Will Smith for 8 games, Anthony Hargrove (now with Green Bay) for 6 games and Scott Fujita (now with Cleveland) for 3 games. These players have all appealed their suspensions.

The players’ union said that they would appeal Burbank’s decision because they believe salary cap violations are involved in the payment. Burbank would be given the authority to rule on penalizing any players involved. In a small victory for at least one player, Burbank requested more information on Hargrove’s “alleged participation.”

In a statement from the NFL they said Burbank “invited the commissioner to clarify the precise basis for his discipline of Mr. Hargrove who, among other things, was found to have lied to the league’s investigators and obstructed their investigation.”

The union released their own statement saying it “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.” The NFLPA also pointed out that Burbank wrote “nothing in this opinion is intended to convey a view about the underlying facts or the appropriateness of the discipline imposed.”

Another grievance was filed by the union with a different arbitrator, Shyam Das. The basis of this grievance is that the CBA doesn’t grant Goodell the power or authority to punish players for violations committed before this current CBA came into effect. Das hasn’t ruled on that grievance yet. One of the goals for the union in that grievance is to redirect player appeals to the ears of Art Shell and Ted Cottrell, who are agreed upon and appointed by both the league and the union to review discipline handed out for on field conduct and issues.

Vilma recently sued Goodell for defamation and a U.S. District Court in New Orleans is waiting on a Goodell response and has given him a July 5th deadline.