Arbitrator Harold Henderson is a rubber stamp

[Galian Beast]

The NFL doesn't even pretend to be fair and balanced.

I've looked at Harold Henderson's history, and I have yet to find a single case in which he overturned a suspension.

The most favorable result was McBean settling a 6 game suspension into a 3 game suspension.

I wonder if the NFL will offer Hardy a settlement, and if that is why they went with such a high total count. My speculation is that they would offer him 6 games, and I'm also guessing he would take it.

If they don't offer him a settlement and there is a good chance that they won't, I think Hardy takes this to court, and probably has stronger standing.

I would say if they offer him a 6 game settlement he should take it rather than going to court.

We're really going to need him in there for the Seahawks game as well as the second Eagles game. I think those are the two most crucial games that he can't miss after the first 4, though it would be great to have him in the second Giants game, and against the Patriots if Brady's suspension is either reduced or voided in court. However we probably won't know the circumstances of that until after Hardy's hearing.

I think a neutral arbitrator would have thrown out any further suspension, and maybe given him a large fine. The NFL is so heavy handed it isn't even funny.

 

[Beast_from_East]

I agree..............this has settlement written all over it.................6 games is probably what the league is looking at and even though I think it is total BS, I would advise Hardy to take the deal.

I also think it is no accident that we play almost our entire divisional schedule within the first 6 games of the season when normally all the division games at put at the end of the season. This was obviously done on purpose.

 

[Tabascocat]

Heck, the NFL and Brady are trying to work out a deal before it even goes to arbitration. I see no such headlines for Hardy

He will go to court, just hope it is settled by week 1.

 

[Manwiththeplan]

Anything more than 2 and he should take it to court, simply based on the premise that Ray Rice was given 2 games for pleading guilty and the charges against him were eventually dropped. Maybe if they offer 4 games, but I think at best they would try and use the new policy and offer 6.

 

[Nightman]

Taking a 6 game suspension when Judge Doty already ruled the most it can be is 2 games would be a bad move.

Just need some more patience, now more than ever. Wait to see how they treat the Pats.

 

[Beast_from_East]

I can already tell how this is going to go down.................Brady, the league's poster boy, gets his suspension reduced to a slap on the wrist and Hardy's suspension is rubber stamped by one of the biggest pro league arbitrators there is.

 

[Galian Beast]

Anything more than 2 and he should take it to court, simply based on the premise that Ray Rice was given 2 games for pleading guilty and the charges against him were eventually dropped. Maybe if they offer 4 games, but I think at best they would try and use the new policy and offer 6.

They can't attempt to use the new policy (and have already tried to suggest that they haven't) as that is known not to stand up in court.

Notice that they suspended him for conduct detrimental to the team as opposed to personal conduct.

If the NFL plays games here (i.e. more than 6 games), I would definitely take it to court, and push to see why the language is different here than in Ray Rice's original suspension.

There are a few statements that I think get Goodell in trouble though.

This is what he said about the original Ray Rice suspension at the time:

“We have to remain consistent,” he said. “We can’t just make up the discipline. It has to be consistent with other cases, and it was.”

I think what hurts Hardy is that he never apologized or admitted guilt (and while that might sound like a good thing for him) and that won't help him here.

 

[Galian Beast]

Taking a 6 game suspension when Judge Doty already ruled the most it can be is 2 games would be a bad move.

Just need some more patience, now more than ever. Wait to see how they treat the Pats.

That is not at all what Judge Doty ruled.

 

[Little Jr]

Heck, the NFL and Brady are trying to work out a deal before it even goes to arbitration. I see no such headlines for Hardy

He will go to court, just hope it is settled by week 1.

I haven't seen anything saying the nfl and Brady are working out a deal.

 

[Tabascocat]

I haven't seen anything saying the nfl and Brady are working out a deal.

http://profootballtalk.nbcsports.com/2015/05/18/report-nfl-patriots-working-to-resolve-deflategate/

More for the team itself though.

 

[jrumann59]

They can't attempt to use the new policy (and have already tried to suggest that they haven't) as that is known not to stand up in court.

Notice that they suspended him for conduct detrimental to the team as opposed to personal conduct.

If the NFL plays games here (i.e. more than 6 games), I would definitely take it to court, and push to see why the language is different here than in Ray Rice's original suspension.

There are a few statements that I think get Goodell in trouble though.

This is what he said about the original Ray Rice suspension at the time:

“We have to remain consistent,” he said. “We can’t just make up the discipline. It has to be consistent with other cases, and it was.”

I think what hurts Hardy is that he never apologized or admitted guilt (and while that might sound like a good thing for him) and that won't help him here.

Of course that is assuming he is guilty and needs to show remorse. Personally if I was Hardy I would appeal, then sue for an injunction and take my chances with Doty and his already displeasure with Goodell and Co.

 

[windward]

The NFL doesn't even pretend to be fair and balanced.

I've looked at Harold Henderson's history, and I have yet to find a single case in which he overturned a suspension.

The most favorable result was McBean settling a 6 game suspension into a 3 game suspension.

I wonder if the NFL will offer Hardy a settlement, and if that is why they went with such a high total count. My speculation is that they would offer him 6 games, and I'm also guessing he would take it.

If they don't offer him a settlement and there is a good chance that they won't, I think Hardy takes this to court, and probably has stronger standing.

I would say if they offer him a 6 game settlement he should take it rather than going to court.

We're really going to need him in there for the Seahawks game as well as the second Eagles game. I think those are the two most crucial games that he can't miss after the first 4, though it would be great to have him in the second Giants game, and against the Patriots if Brady's suspension is either reduced or voided in court. However we probably won't know the circumstances of that until after Hardy's hearing.

I think a neutral arbitrator would have thrown out any further suspension, and maybe given him a large fine. The NFL is so heavy handed it isn't even funny.

If he has a stronger standing why not take it to court?

 

[gmoney112]

Once again, Goodell attempting to be a royal PITA.

I'd guess they've commenced starting the paperwork to take it to court, if they hadn't already.

 

[Galian Beast]

The gual of the NFL to appoint Henderson in this is astonishing. And here Henderson is going to ignore TWO ruling against the NFL by Judge Jones and by Judge Doty.

And I think that is where they will get in trouble if this goes to court. They asked that Doty ignore Jones because this was about double discipline, what argument will they make to Doty to have him ignore his decision in the Peterson case?

The court found no reason to distinguish between the Peterson and Rice cases.

The NFL would argue that retroactivity however is not being applied to Hardy, but the NFLPA will cite that Rice was originally given a two game suspension for a first violation.

I think the NFL is going to have to make its case as to why they are punishing Hardy for more games than they originally gave Rice.

 

[Galian Beast]

If he has a stronger standing why not take it to court?

You could still lose in court, and get the full 10 games. If he can get it down to 6, I would settle and get it over with.

 

[Galian Beast]

I think there is a strong case to take it to court, don't get me wrong. A lot of the language in Doty's decision definitely helps Hardy. It just isn't a slam dunk.

I think they made a 10 game suspension and put their rubber stamper there to try and force a settlement.

 

[Fredd]

but if it goes to court, that can drag on, correct? if he is going to get suspended, let it be in the beginning of the season...this whole situation stinks

 

[Plankton]

but if it goes to court, that can drag on, correct? if he is going to get suspended, let it be in the beginning of the season...this whole situation stinks

Hardy would file for an injunction to prevent the suspension from being implemented pending the results of the court appeal. That would likely hold up.

 

[Galian Beast]

Language the helps Hardy


The NFL urges the court to ignore Judge Jones’s decision, as did Henderson, arguing that Rice is distinguishable with respect to “critical facts” because it involved a double discipline issue. Am. Nat’l Can Co. v. United Steelworkers of Am., 120 F.3d 886, 890 (8th Cir. 1997). The court finds no valid basis to distinguish this case from the Rice matter.


Although Henderson purported to rely on factual differences between Rice and this case, he did not explain how those differences would justify a different result. Nor did Henderson explain why the well-recognized bar against retroactivity did not apply to Peterson.


Henderson simply disregarded the law of the shop and in doing so failed to meet his duty under the CBA.


As a result, the arbitration award fails to draw its essence from the CBA and vacatur is warranted. See Trailways Lines, Inc. v. Trailways, Inc. Joint Council, 807 F.2d 1416, 1423 (8th Cir. 1986) (finding that failure to consider the law of the shop can be the sole basis to vacate an arbitration award).5


Henderson’s conclusion that the New Policy is consistent with the previous Policy is contradicted by the Commissioner’s own statements in which he acknowledged that the New Policy included “changes” to the Policy.


Here, Henderson strayed beyond the issues submitted by the NFLPA and in doing so exceeded 15 CASE 0:14-cv-04990-DSD-JSM Document 39 Filed 02/26/15 Page 15 of 16 his authority.As a result, vacatur is warranted on this basis as well.


But here is where we get into a sticky situation depending how how Henderson cites his findings.


Because the court finds that the arbitration award must be vacated on the grounds set forth above, it need not decide whether Henderson was evidently partial or whether the award violates fundamental fairness. The court will remand the matter for further proceedings before the arbitrator as permitted by the CBA. See U.S. Postal Serv. v. Am. Postal Workers Union, AFL-CIO, 907 F. Supp. 2d 986, 995 (D. Minn. 2012) (holding that the appropriate remedy on vacatur is to remand the case for further arbitration proceedings consistent with the CBA).


The NFLPA originally asked Doty to decide whether or not Henderson was an impartial arbitrator in the first place. Doty also didn't decide whether or not the punishment violated fundamental fairness. Meaning he didn't rule on how many games was fair or not, just that the process of Henderson's decision in tandem with the NFL's suspension did not follow the law.


He kicked it back to the arbitrator, here the NFL did not further suspend Peterson, but reinstated him (though they are appealing Doty's decision). My guess is that if they went to court, under the same circumstances, Hardy could still face a few games suspension.


This is where you really have to look at the Jones decision, but can't really because it was based on double discipline.

 

[LandryFan]

Taking a 6 game suspension when Judge Doty already ruled the most it can be is 2 games would be a bad move.

Just need some more patience, now more than ever. Wait to see how they treat the Pats.

Agree!