links18
Well-Known Member
- Messages
- 23,936
- Reaction score
- 19,539
Too bad they never vetted the "appropriate" part. Shame on a multi-billion dollar company.
Roger says he alone does the vetting.
Too bad they never vetted the "appropriate" part. Shame on a multi-billion dollar company.
Which begins to explain the larger problem.Roger says he alone does the vetting.
exactly , exactly. This is far more important than just football. The nfl nerds to stay out of everything, but what's happening in between the lines.When you get a national writer like Sally Jenkins from the Washington Post, who is a staunch women's advocate to write an article that vilifies the NFL in the Zeke case you can see where the NFL thinks it's in trouble and might want to settle.
Here's a snippet--
NFL owners should have reined in Goodell long ago. Instead, they let him wander onto this shaky legal ground, and now a judge may do their reining for them. If Goodell can behave this way, then what’s to prevent other heads of corporate entities from railroading their employees? Your work cubicle could be next.
Goodell’s conduct has eroded basic faith in arbitration, and it seems inevitable that a court will restore it. The arbitration system was written to declutter the courts and settle labor disputes more efficiently. It wasn’t written to strip American employees of basic citizenship rights and turn them into residents of some abstract legal Siberia. This was the point that Olson made on Brady’s behalf during the New England quarterback’s federal appeal, and in Elliott’s case, it looks like a winner. As Olson said, Goodell’s arbitration standards “are damaging and unfair . . . to collective bargaining agreements everywhere.”
https://www.washingtonpost.com/spor...abb0f1e9ffb_story.html?utm_term=.48118e1d67a8
No, it was appointing Henderson that made it a farce, no matter the decision.Not reducing the suspension on appeal is going to do the NFL in. It was a dog and pony show that was fundamentally flawed.
Had they allowed Zeke to face his accuser, heard the recommendation of the lead investigator, and reduced the suspension 4 games it would be over for Zeke. Thankfully they are arrogant *******s and they left the door open for a full Zeke win.
Once the NFL investigator said she didn't believe the accuser, I think almost everyone decided the accusations were indeed nonsense.It's interesting that the Elliott case has become about process, and the the DV issue has a distant back-seat at this point. A lot of people aren't even remembering the details, just left with the impression that the player got jobbed by the league here.
I don't think they would even have had to reduce the suspension. Had the NFL just gone through the proceedings in a fair manner (allowed Zeke's legal team proper access to notes, witnesses, etc), they could still have said no reduction and Zeke wouldn't likely have had a legal leg to stand on. As it is, it's the lack of a fair hearing process that has brought about these legal proceedings, not the arbitrator's decision.Not reducing the suspension on appeal is going to do the NFL in. It was a dog and pony show that was fundamentally flawed.
Had they allowed Zeke to face his accuser, heard the recommendation of the lead investigator, and reduced the suspension 4 games it would be over for Zeke. Thankfully they are arrogant *******s and they left the door open for a full Zeke win.
Its a real head scratcher why they picked a case that was non existent to "set an example" I mean, how on earth did they think this was a good idea? Using the biggest team in your league with one of the most high profile players, whom was not even arrested let alone charged with a crime. Any other borderline case would have been more effective than this nonsense.
If Zeke’s suspension is overturned by the courts, Goodells’s ability to render discipline is forever compromised. You might say he will be neutered.
Right, I am trying to put myself in their shoes, as a league trying to make a "statement". I would NEVER base my "statement" suspension on grounds that are so very shaky and really, just plain weak. As I said in an earlier post, they could have used any number of other instances where DV accuser was either arrested, or charged and they did not.Why? Because they thought giving Zeke the suspension, he would just bow and accept it. In their minds they would look like heroes but now they look like fools because he is taking this all the way.
Not reducing the suspension on appeal is going to do the NFL in. It was a dog and pony show that was fundamentally flawed.
Had they allowed Zeke to face his accuser, heard the recommendation of the lead investigator, and reduced the suspension 4 games it would be over for Zeke. Thankfully they are arrogant *******s and they left the door open for a full Zeke win.
I don't think they would even have had to reduce the suspension. Had the NFL just gone through the proceedings in a fair manner (allowed Zeke's legal team proper access to notes, witnesses, etc), they could still have said no reduction and Zeke wouldn't likely have had a legal leg to stand on. As it is, it's the lack of a fair hearing process that has brought about these legal proceedings, not the arbitrator's decision.
What you said makes far too much sense for anything league office-related. I just think that Zeke's legal team would have a much tougher case in court if all they were fighting was Henderson's decision (rather than the process itself) no matter how unfair the decision would have seemed to outside observers. But then, I don't know much about much...I thought this as well, at first. But due to the lack of evidence and the recommendation by the lead investigator to not suspend, I think even if Goodell and Henderson would have allowed for a fair arbitration hearing that we would still see this in the courts. The ruling in of itself is unfair as well as the overall proceedings. This cuts to Goodell not being able to decide whatever he wants. Even in a fair arbitration hearing the facts should dictate the outcome. And in this case, the facts and clear attempt at dishonest accounts of events should have resulted in Zeke not being suspended to begin with. Just as the actual legal system decided.
An easy fix to this would be that no player can be eligible for suspension for anything covered under the legal system unless found guilty in a court of law. A side to this would be cases where a settlement was made in lieu of a guilty verdict. In those cases, a neutral arbitrator should be used to conduct a fair arbitration hearing and to provide a completely neutral ruling.
I always thought that Henderson was an arbitrator, just one appointed by the league rather than a neutral arbitrator (mutually agreed upon by both NFL and NFLPA). Now that I think about it, Zeke's appeal was never referred to as going to "arbitration", rather it was going to an appeals hearing, so I think you're correct.The term arbitration gets thrown around a lot when talking about this topic, even by the courts,but I'm not really sure it applies. Despite being used quite often in many parts of the CBA, the term is completely absent from article 46. Henderson was not an arbitrator, he was a "hearing officer."
Not sure what that the distinction would mean, legally speaking.