*CONFIRMED post #238, pg 16* Tank Johnson Would Be Available to Us In Week 9

[Hostile]

All these years that I haven't been able to attend the B.P.O.E. I thought it was because I didn't have a membership. Turns out I'm really just suspended.

I wonder what I did?

 

[joseephuss]

David Boston was suspended for 4 games in 2004. He tore his knee up and missed the entire 2004 season. His suspension fell along with the games he missed due to injury. When he came back in 2005, he did not have to sit out any games due to suspension.

Still not quite like Tank's situation because Tank is not under contract, but provides some information.

 

[theogt]

If you were initially a police officer, and while still a police officer, you were suspended - only to be subsequently fired - I could see where you could argue that the time you were fired is equivalent to the suspension - and so you could reapply for the force suggesting that you had already served your suspension by means of your firing.

I'm dizzy.

It might not be likely, but if the collective bargaining agreement is not specific, I can see where an argument could be made that Tank is out of the league either way - and that is equivalent to a suspension.

Not only could the argument be made, but if it's not in writing explicitly that the suspension is meted out only while under contract, then I'd bet good money that most courts in the US would side with Tank on this.

 

[kmd24]

For the record, Tank Johnson is a member of the NFLPA, and the collective bargaining agreement applies to him.

PREAMBLE
This Agreement, which is the product of bona fide, arm’s length collective bargaining, is made and entered
into as of the 8th day of March, 2006, in accordance with the provisions of the National Labor Relations Act, as
amended, by and between the National Football League Management Council (“Management Council” or
“NFLMC&#8221, which is recognized as the sole and exclusive bargaining representative of present and future
employer member Clubs of the National Football League (“NFL” or “League&#8221, and the National Football
League Players Association (“NFLPA&#8221, which is recognized as the sole and exclusive bargaining
representative of present and future employee players in the NFL in a bargaining unit described as follows:

1. All professional football players employed by a member club of the National Football League;
2. All professional football players who have been previously employed by a member club of the
National Football League who are seeking employment with an NFL Club;
3. All rookie players once they are selected in the current year’s NFL College Draft; and
4. All undrafted rookie players once they commence negotiation with an NFL Club concerning
employment as a player.

IANAL, but I think he'd have a pretty strong case against the NFL from a labor point of view if he fought to treat the eight games at the beginning of the season as his suspended games, seeing as the CBA does not specifically address the situation of a player being released after a suspendable offense occurs. In essence, it puts him in a catch-22 where he can't serve a suspension because he doesn't have a contract but he can't get a contract because he has to serve a suspension.

Of course, the CBA could contain language to specifically address this, but it doesn't appear to, and that could potentially lead to litigation or arbitration.

 

[Hostile]

Remember when Kramer got fired.

"It's hard to say this, but we're gonna have to let you go. "

" but I don't even really work here!"

" that what makes it so hard."

You have the only valid point. I take it all back. I am not greater than Kramer.

My apologies to all who were deceived by my ill timed lack of knowledge. There was no official press release to warn me.

 

[theogt]

For the record, Tank Johnson is a member of the NFLPA, and the collective bargaining agreement applies to him.


IANAL, but I think he'd have a pretty strong case against the NFL from a labor point of view if he fought to treat the eight games at the beginning of the season as his suspended games, seeing as the CBA does not specifically address the situation of a player being released after a suspendable offense occurs. In essence, it puts him in a catch-22 where he can't serve a suspension because he doesn't have a contract but he can't get a contract because he has to serve a suspension.

Of course, the CBA could contain language to specifically address this, but it doesn't appear to, and that could potentially lead to litigation or arbitration.

Very interesting.

*strokes beard*

 

[joseephuss]

For the record, Tank Johnson is a member of the NFLPA, and the collective bargaining agreement applies to him.


IANAL, but I think he'd have a pretty strong case against the NFL from a labor point of view if he fought to treat the eight games at the beginning of the season as his suspended games, seeing as the CBA does not specifically address the situation of a player being released after a suspendable offense occurs. In essence, it puts him in a catch-22 where he can't serve a suspension because he doesn't have a contract but he can't get a contract because he has to serve a suspension.

Of course, the CBA could contain language to specifically address this, but it doesn't appear to, and that could potentially lead to litigation or arbitration.

Good points. Best case is he is already serving his suspension. Still doesn't help Dallas right now and at least not for 7 more weeks. Time he can't work out with the team, practice with the team and learn a new position. Just does not look like a good option. Maybe things will change in 7 weeks, but right now he doesn't help matters.

 

[superpunk]

For the record, Tank Johnson is a member of the NFLPA, and the collective bargaining agreement applies to him.


IANAL, but I think he'd have a pretty strong case against the NFL from a labor point of view if he fought to treat the eight games at the beginning of the season as his suspended games, seeing as the CBA does not specifically address the situation of a player being released after a suspendable offense occurs. In essence, it puts him in a catch-22 where he can't serve a suspension because he doesn't have a contract but he can't get a contract because he has to serve a suspension.

Of course, the CBA could contain language to specifically address this, but it doesn't appear to, and that could potentially lead to litigation or arbitration.

And there it is, I was seeing if that was in there.

I am pretty well convinced that Tank can argue that those 8 games are CURRENTLY being served. He is not in the league, but he is still a member of the NFLPA -

 

[FuzzyLumpkins]

look - even after proven wrong you still want more.



i know this about you and refused to play. WG shot you down and showed you the light and you're still being anally fuzzy.

again, i know you'll have no way outside your own, and you proved that right here. so why should i look for evidence all you're going to do is shoot through and discredit anyway?

don't get mad at me for not playing your stupid mindgames.

For someone that is so concerned with my mindgames you sure like keeping this up. maybe you should take a note form Hostile and WG and learn how to operate with class.

I have accepted for now at face value the USA Today article. i still think your pathetic to act like you actually did something when your impotent to back up your own claims.

 

[Hostile]

is there any evidence of a team signing someone that was previously suspended and actually then beginning to serve his suspension or are you just going by two guys that really dont prove anything either way?

If I said yes, would you demand proof?

Ricky Williams as has already been stated. Remember when he "retired?" When he came back in 2005 he served his suspension before the Dolphins could use him.

By all means look up his career stats and you will see that he missed the first 4 games of 2005. From there it is simple math. Or you could dig deeper.

I kind of want to avoid finding a link.

Fuzz, I really do know what I'm talking about here. I'm not pulling these things out of thin air or my rear end.

 

[tomson75]

I take it back Fuzzy...I'm glad you started this thread.

It seems we've got some precedent for the argument that I had earlier assumed...as evidenced by WG, Hostile, and co. I don't necessarily disagree with the theory you and theogt are sticking to, but it seems its rather negated by the situations of Q and AB. Good stuff here.

Edit: Oh crap, I see someone introduced some new info...I'm suspending myself from this thread. Someone let me know via PM whether I can come back next week or eight weeks from now.

 

[Hostile]

For the record, Tank Johnson is a member of the NFLPA, and the collective bargaining agreement applies to him.


IANAL, but I think he'd have a pretty strong case against the NFL from a labor point of view if he fought to treat the eight games at the beginning of the season as his suspended games, seeing as the CBA does not specifically address the situation of a player being released after a suspendable offense occurs. In essence, it puts him in a catch-22 where he can't serve a suspension because he doesn't have a contract but he can't get a contract because he has to serve a suspension.

Of course, the CBA could contain language to specifically address this, but it doesn't appear to, and that could potentially lead to litigation or arbitration.

He could argue it and even take it to arbitration. I am pretty well convinced he would still serve the suspension because others before him did.

He is not a special case and this isn't new.

 

[dallasfaniac]

So is it in Tank's best interest to sign a 1 year league minimum contract just to get someone to sign him and would any team do that?

 

[Doomsday101]

Easy solution for him and other would be to wake up and then grow up and stop this constant behavior so you are not dealing with these suspensions. If Tank is serving 8 games then it is his 2nd violation. Hey tank what is the magic number before you wake up and understand you are throwing your career away. I know some around love to slam the commissioner for coming down on players yet I don't see the same people complaining about the attitude and behavior of these idiots who can't stay out of trouble.

 

[theogt]

If I said yes, would you demand proof?

Ricky Williams as has already been stated. Remember when he "retired?" When he came back in 2005 he served his suspension before the Dolphins could use him.

By all means look up his career stats and you will see that he missed the first 4 games of 2005. From there it is simple math. Or you could dig deeper.

I kind of want to avoid finding a link.

Fuzz, I really do know what I'm talking about here. I'm not pulling these things out of thin air or my rear end.

Well, if the "seeking employment" issue is at all involved, then when he "retired" he wasn't "seeking employment" and therefore not a member of the NFLPA.

 

[FuzzyLumpkins]

If I said yes, would you demand proof?

Ricky Williams as has already been stated. Remember when he "retired?" When he came back in 2005 he served his suspension before the Dolphins could use him.

By all means look up his career stats and you will see that he missed the first 4 games of 2005. From there it is simple math. Or you could dig deeper.

I kind of want to avoid finding a link.

Fuzz, I really do know what I'm talking about here. I'm not pulling these things out of thin air or my rear end.

Ricky Williams is actually an excellent test case. The only difference between this case and the Williams situation is that Williams of his own volition retired form the league and no longer was seeking employment due to that. As such he was no longer subject to the CBA.

Really it all comes down to Goodell anyway as he has the latitude to do what the heck he pleases.

 

[theogt]

I take it back Fuzzy...I'm glad you started this thread.

It seems we've got some precedent for the argument that I had earlier assumed...as evidenced by WG, Hostile, and co. I don't necessarily disagree with the theory you and theogt are sticking to, but it seems its rather negated by the situations of Q and AB. Good stuff here.

Just to be clear, I'm not sticking to any theory. I have no theory. I'm just trying to get to the truth.

 

[Hostile]

Well, if the "seeking employment" issue is at all involved, then when he "retired" he wasn't "seeking employment" and therefore not a member of the NFLPA.

He absolutely was still a member of the NFLPA. Read kmd's post again as it defines those in the NFLPA.

There is still the subject of "under contract" as well. He is not under contract.

 

[Rampage]

is tank big enough to play nt?

 

[sacase]

For the record, Tank Johnson is a member of the NFLPA, and the collective bargaining agreement applies to him.


IANAL, but I think he'd have a pretty strong case against the NFL from a labor point of view if he fought to treat the eight games at the beginning of the season as his suspended games, seeing as the CBA does not specifically address the situation of a player being released after a suspendable offense occurs. In essence, it puts him in a catch-22 where he can't serve a suspension because he doesn't have a contract but he can't get a contract because he has to serve a suspension.

Of course, the CBA could contain language to specifically address this, but it doesn't appear to, and that could potentially lead to litigation or arbitration.

I think that this is exactly what fuzzy was trying to say. This is what I thought of when I first read the topic. Its important to note that the only reason he doesn't have a contract is because of the suspension. Its kind of like the NFL can hand someone a one year suspension that basically puts them out of the NFL. Clearly with these Longer suspensions being handed down, there needs to be clairification since the NFL will be able to ban someone from the league without actually having to do it.

Perhaps this is a question to ask one of those sports writers in one of those chats to see what they have to say. I would be curious to the answer. If turns out that he can't serve the suspension until he gets a new contract I would be suprised if the NFLPA didn't address this in the near future.