Just to put the mail in the coffin of the notion that our recent troll is full of ****, recall him saying that fundamental fairness was subsumed by the CBA. I found this:
http://law.justia.com/constitution/us/amendment-14/52-procedural-due-process-criminal.html
Fundamental fairness is a well established legal standard where we are all guaranteed fundamental fairness in a legal proceeding as outlined by the constitution. Now I have to admit that I made a mistake in thinking that it was speaking to equal treatment as to employer's punishments but I cannot fathom how a legitimate lawyer would not know that much less claim that Goodell and the CBA Trump everything. I admit that I am not a lawyer. Please excuse my mistake.
The Constitution still trumps everything, Goodell included.
It still dug at me though. I have had experiences in my life where employers I have worked with had gotten in hot water over inequitable punishments and I can recall Doty and Nelson taking the NFL to task over it in past cases. I did some digging and I found this:
Unequal Treatment
Some employers have formal disciplinary policies, such as progressive discipline where employees are given two to three warnings for poor performance, policy violations or workplace misconduct. If the employee engages in the same behavior or actions for which she received disciplinary warnings or write-ups, the company may decide to fire her. Employers are cautioned to apply the same disciplinary procedures in all cases or they could be accused of unequal treatment. For example, if a department manager fires an employee because he was absent from work three days in a row, yet another department manager gives the employee one written disciplinary warning, that would probably be defined as unequal treatment, because the department managers have inconsistent practices concerning discipline and termination. There's no federal law that can determine how employers must apply their disciplinary processes; however, there are laws that require that employers apply the disciplinary rules consistently, regardless of the department or employee circumstances.
http://smallbusiness.chron.com/federal-labor-laws-regarding-discipline-termination-56444.html
That is what I thought. Anywho, the Brady Case would not have had those issues. It was within a completely different domain, game integrity vs criminal, and had no precedent. All these people saying that Zeke has no leg to stand on are not considering this facet of labor law.
The Conduct policy was amended a few years ago. bkight referenced it earlier in this thread:
Twice it mentions convicted or arrested....Zeke was never even charged
The policy further says: "If you are convicted of a crime or subject to a disposition of a criminal proceeding, you are subject to discipline. But even if your conduct does not result in a criminal conviction, if the league finds that you have engaged in conduct [prohibited by the policy], you will be subject to discipline."
The Personal Conduct Policy is issued pursuant to the commissioner's authority under the NFL Constitution and Bylaws to define and sanction conduct detrimental to the NFL. The policy defines the standards that apply to everyone in the NFL and the steps the league will take to promote conduct that is consistent with those expectations.
"Anyone arrested or charged with conduct that would violate this policy will be offered a formal clinical evaluation, the cost of which will be paid by the league, and appropriate follow-up education, counseling or treatment programs," the policy states.
I think it important to see how they defined a "disposition of a criminal proceeding"
“Disposition of a Criminal Proceeding” – Includes an adjudication of guilt or admission to a criminal violation; a plea to a lesser included offense; a plea of nolo contendere or no contest; or the disposition of the proceeding through a diversionary program, deferred adjudication, disposition of supervision, conditional dismissal, or similar arrangements.
http://static.nfl.com/static/content/public/photo/2014/12/10/0ap3000000441637.pdf
Basically if they take you to court or if you agree to a plea deal then you are subject to discipline. Zeke was never even charged nor was his case even brought before a grand jury. The DA dropped it. Arrest is never mentioned as a basis for discipline.
Now if you say to that "Goodell has the authority to do whatever he likes" then again I point to you that Federal Labor Law does not allow unequal punishment. He cannot hide behind the new conduct policy. It does not apply. He has to punish Zeke just like he punished the others without the new policy since he is not using it this time either.
Zeke has a very good case.