News: PFT: How will the Ezekiel Elliott appeal hearing unfold?

[dogunwo]

For Zeke, yes.

Jerry, though, is going to be in a position where the best interests of his franchise and the best interests of the league are at odds. With the league having a lot more to potentially lose. The pressure to play nice is going to be there.

Agreed. Kraft however said to hell with all that and was rewarded with a Superbowl win.

 

[arglebargle]

Look, if the union made a calculated decision not to rock the boat on the disciplinary provisions and sold that part of the CBA to the devil for other, defensible economic reasons then they need to be big boys about it and shut the **** up with all the complaining.

And regardless of any other issue, the guaranteed contracts failure is unique to the NFL, and that failure goes WAY back before football was king.

That issue is NEVER open for discussion even when other unions have taken their beatings at the negotiating table.

Bottom line - the NFLPA is as responsible for this mess as anyone.

Regardless, the Emperor still has no clothes.......

 

[Cowboys22]

The union blew the CBA by granting the Commissioner to much power in its basis for suspending players. The Commissioner blew it by not exercising sound judgement in too many high profile cases.

The result is a lot of unnecessary damage to the league. Especially among hard core fans who pay attention the most. Now, there's a crisis of confidence, a looming fight over the next CBA is almost inevitable, and we're seeing powerful owners peel off from the rest of the league one by one. It's going to get ugly if everybody doesn't wake up and start acting rational.

Article 46 has been in the CBA since 1968. The union didn't even give it any consideration. They expected it to be used in the same manner it always had been. The problem here is that Goodell came within an inch of losing his cushy $44 million a year job with the NFL when the Ray Rice video came out and he then found nothing but chilly receptions at all the fancy New York liberal cocktail parties so he decided to use article 46 in a way no other commissioner ever has. He turned the league against it's own players instead of standing up for them and protecting them from people like Tiffany Thompson all because he was exposed of trying to cover up the Ray Rice and Josh Brown incidents.

 

[pugilist]

Article 46 has been in the CBA since 1968. The union didn't even give it any consideration. They expected it to be used in the same manner it always had been. The problem here is that Goodell came within an inch of losing his cushy $44 million a year job with the NFL when the Ray Rice video came out and he then found nothing but chilly receptions at all the fancy New York liberal cocktail parties so he decided to use article 46 in a way no other commissioner ever has. He turned the league against it's own players instead of standing up for them and protecting them from people like Tiffany Thompson all because he was exposed of trying to cover up the Ray Rice and Josh Brown incidents.

this is basically what it all boils down to

 

[zrinkill]

Article 46 has been in the CBA since 1968. The union didn't even give it any consideration. They expected it to be used in the same manner it always had been. The problem here is that Goodell came within an inch of losing his cushy $44 million a year job with the NFL when the Ray Rice video came out and he then found nothing but chilly receptions at all the fancy New York liberal cocktail parties so he decided to use article 46 in a way no other commissioner ever has. He turned the league against it's own players instead of standing up for them and protecting them from people like Tiffany Thompson all because he was exposed of trying to cover up the Ray Rice and Josh Brown incidents.

Great post

 

[lkelly]

They're going to cut it in half and hope like hell everybody forgets it ever happened.

What'll be interesting is to see if Jerry will eat that turd or fight it. I hope he fights it.

If it's offered as a topping on a $50 Papa Johns pizza served in a suite at Jerryworld, he'll do it with a smile.

 

[jazzcat22]

If it's offered as a topping on a $50 Papa Johns pizza served in a suite at Jerryworld, he'll do it with a smile.

They reduced the price, I thought it was $90. Wow, they must think they are getting a bargain now. An almost half price jerry turd....LOL....

 

[PA Cowboy Fan]

I hope he fights it but I doubt he does.

If he's innocent he'll fight. If he's guilty either all or partly he'll take it.

 

[beacamdim]

Couldn't agree more. Wrote about his in another post. Before I state my reason WHY they made this deal with the devil, what's your take on that? Hint: it wasn't merely a question of incompetence but it was motivated by another powerful agenda.

My understanding was always that rather than blow negotiating capital on a change in the commissioner's disciplinary policy (which only affects a small percentage of players each year) they pushed for -- and got -- the major reductions on practice and workout time (which affect EVERY player, well-behaved or not).

 

[robbieruff]

My understanding was always that rather than blow negotiating capital on a change in the commissioner's disciplinary policy (which only affects a small percentage of players each year) they pushed for -- and got -- the major reductions on practice and workout time (which affect EVERY player, well-behaved or not).

So...to some degree the NFLPA was working at the pleasure of its membership which had their own agenda of reduced workload and wear and tear (which hasn't had the desired effect of reduced injuries, but the opposite, in my view).

So, yes, the union shares a good deal of the blame for this sorrow sack of **** state of affairs with a fascist, dictatorial commish...but the players' share a great deal of it as well, thinking that they could have their cake and eat it, too. But that's what deals with the devil are all about...distract with the shiny object so that power over the soul is freely granted by the victim complicit in his own demise.

 

[lkelly]

They reduced the price, I thought it was $90. Wow, they must think they are getting a bargain now. An almost half price jerry turd....LOL....

Harold Henderson reduced the price by almost half.

 

[DogFace]

Almost like the nflpa didn't bother to read this part. Or they assumed it was also in the league office's best interest to be fair and just to its players. They had no idea they'd **** up so many decisions they'd have to try and make up for them and overcompensate.


However, If anything is to be considered arbitrary and capricious it has to be the findings of this committee based on the evidence we know.

 

[bsbellomy]

They're going to cut it in half and hope like hell everybody forgets it ever happened.

What'll be interesting is to see if Jerry will eat that turd or fight it. I hope he fights it.

If he's not guilty he has to fight it. There are more and more people that are saying that he's guilty just because he's been levied punishment.

I'm still waiting myself for a profession of innocence from him.

 

[Silver Surfer]

If he's innocent he'll fight. If he's guilty either all or partly he'll take it.

Yours and other's perception/presumption of his guilt if he doesn't fight the suspension is exactly why he has to.

As I mentioned in another thread, the only way for him to save face if he accepts a suspension is to get the NFL to re-word the basis of it and remove the words "domestic abuse" from the description. Otherwise, his reputation and "brand" will be permanently damaged. He will always be considered a "woman beater". How many sponsors, in this politically-charged atmosphere we're living in right now, are going to want a "woman beater" representing their product/service?

 

[CWR]

Nothing surprising here.

Ok, so .....

WHAT WAS THE NFLPA THINKING WHEN THEY AGREED TO THIS?

WHY DID THEY NOT EVEN ASK FOR ALL THE PROCEDURAL PROTECTIONS THAT FLORIO NOW SCREAMS FOR?

THEY AGREED TO THIS SYSTEM WHEREBY THE LEAGUE DETERMINES THE PROCESS, THE RULES AND THE PROCEDURES -- AND GAVE THE NFL THE POWER TO MAKE THINGS UP ON THE FLY!!

The union is the bad guy here, for extreme incompetence that the players they are charged with protecting suffer from again and again and again.

But they talk tough, and they will show the NFL what's what by a work stoppage -- IN FOUR YEARS!!

By far the most impotent, mismanaged, weakest, castrated union in pro sports.

At least the players have guaranteed contracts. Oh wait, maybe not.

Funny how none of us gave a damn when the lock out ended. We just wanted football. Next time around we may not be so lucky.

 

[CWR]

If he's innocent he'll fight. If he's guilty either all or partly he'll take it.

I agree. If hes guilty and feels as if other less flattering facts could surface he will take the reduction and move on. If hes innocent no way does he accept the label of woman beater.

 

[beacamdim]

Almost like the nflpa didn't bother to read this part. Or they assumed it was also in the league office's best interest to be fair and just to its players. They had no idea they'd **** up so many decisions they'd have to try and make up for them and overcompensate.


However, If anything is to be considered arbitrary and capricious it has to be the findings of this committee based on the evidence we know.

Having to prove that a decision was "arbitrary and capricious" is VERY hard in an arbitration/court proceeding -- it is almost the worst standard that could be applied in this matter from Zeke's point of view.

Under this standard, it is NOT enough to show that the league's ruling was likely wrong, or even that it WAS wrong.

Rather, the NFL ONLY has to articulate a basis for its decision -- in other words, it just has to show it has some factual support for concluding what it did, EVEN if there is lots of evidence going the other way, too.

That is a very low bar for the league to get over.

Think about it this way. Cowboys are facing a third and 6 at their own 25, down two, one minute left. Dak under center, Zeke in the backfield and that massive, athletic OL up front. Dez split wide, Beasley in the slot.

And Linehan calls . . . an end around for Witten, who unsurprisingly gets tackled for loss, Game over.

We all know that that call would be stupid, even utterly indefensible from a logical, football point of view.

But Linehan says afterwards he did it because "No one expected it, since Witten has never run an end run like that in his career."

So he has a REASON -- a dumb one, an outrageous one, one that makes no sense. BUT it is a reason. And he can point to some factual support for that reason, even if we think that it is ridiculous.

The reality is that a court could NOT conclude that Linehan's decision -- crazy as it was -- was "arbitrary and capricious".

Now, as an arbitrator Henderson can make up his own definition of the standard, and there isn't anything anyone could do about it -- even Goodell. That is because as long as an arbitrator is acting within the scope of his authority, he can pretty much do as he pleases and a court will be required under federal law to confirm it.

That is why Henderson is Zeke's last hope.

 

[Mr Cowboy]

In the next negotiation, it will be in the best interest of both parties to come up with a better system for disciplinary action. Both sides are being embarrassed, the Union for agreeing giving the league such powers and the league for abusing the powers given to them.

 

[MRV52]

My belief is that they fight it to the end.

Can't be "half woman beater".

And nobody recovers from the domestic violence branding.

Ask all of the other guys banished from the league.

Exactly it is 0 games or look out, it will go to the courts. Zeke is not accepting 1/2 reduction. Personally i feel it will stay at 6 games.

 

[Idgit]

Having to prove that a decision was "arbitrary and capricious" is VERY hard in an arbitration/court proceeding -- it is almost the worst standard that could be applied in this matter from Zeke's point of view.

Under this standard, it is NOT enough to show that the league's ruling was likely wrong, or even that it WAS wrong.

Rather, the NFL ONLY has to articulate a basis for its decision -- in other words, it just has to show it has some factual support for concluding what it did, EVEN if there is lots of evidence going the other way, too.

That is a very low bar for the league to get over.

Think about it this way. Cowboys are facing a third and 6 at their own 25, down two, one minute left. Dak under center, Zeke in the backfield and that massive, athletic OL up front. Dez split wide, Beasley in the slot.

And Linehan calls . . . an end around for Witten, who unsurprisingly gets tackled for loss, Game over.

We all know that that call would be stupid, even utterly indefensible from a logical, football point of view.

But Linehan says afterwards he did it because "No one expected it, since Witten has never run an end run like that in his career."

So he has a REASON -- a dumb one, an outrageous one, one that makes no sense. BUT it is a reason. And he can point to some factual support for that reason, even if we think that it is ridiculous.

The reality is that a court could NOT conclude that Linehan's decision -- crazy as it was -- was "arbitrary and capricious".

Now, as an arbitrator Henderson can make up his own definition of the standard, and there isn't anything anyone could do about it -- even Goodell. That is because as long as an arbitrator is acting within the scope of his authority, he can pretty much do as he pleases and a court will be required under federal law to confirm it.

That is why Henderson is Zeke's last hope.

The commissioner has the basis to make a stupid decision for bad reasons. And it's unlikely the league is going to backtrack sufficiently after going as far out on the limb as they have here. The result is going to be Zeke is going to take one in the shorts.

The best posture for getting the suspension shortened on appeal is making it very clear he and the Cowboys intend to pursue the issue outside the appeals process. Both in court (however applicable) and in the court of public opinion. They need to make the case that this screw up, on top of the Ray Rice screw up is big, embarrassing, mobilizing for the players union down the road, not supported unanimously by the owners, and it's not going away. Then the league can either stand down, or take it's own self-imposed lumps.

Either way, the Cowboys should be preparing for life without their star RB for almost half this season.