Minxx Shooter Thought Pacman Ordered A Hit

[speedkilz88]

I don't know how to explain this any clearer. The courts will not and cannot become involved. The CBA gives Goodell the power, there's nothing that the judicial system can do to change that. The NFLPA may take issue but they gave Goodell that power. The only thing they can do is bargain that particular provision in the next CBA.

How can something so simple be so hard for some to understand?

I don't know maybe because I heard his lawyer say that they could.

 

[dargonking999]

I don't know how to explain this any clearer. The courts will not and cannot become involved. The CBA gives Goodell the power, there's nothing that the judicial system can do to change that. The NFLPA may take issue but they gave Goodell that power. The only thing they can do is bargain that particular provision in the next CBA.

How can something so simple be so hard for some to understand?

Because they don't want to understand

ignorance is bliss my friend

 

[dargonking999]

I don't know maybe because I heard his lawyer say that they could.

lawyers think they can do anything

and 99 percent of the time they can't

 

[speedkilz88]

lawyers think they can do anything

and 99 percent of the time they can't

Internet no it alls are wrong more often.

 

[Doomsday101]

I don't know how to explain this any clearer. The courts will not and cannot become involved. The CBA gives Goodell the power, there's nothing that the judicial system can do to change that. The NFLPA may take issue but they gave Goodell that power. The only thing they can do is bargain that particular provision in the next CBA.

How can something so simple be so hard for some to understand?

Players and the Union accepted the tougher Conduct Policy last season. Commissioner even had players coming to his office including guys like Witten who wanted to see tougher conduct policy put in place

 

[theogt]

I don't know how to explain this any clearer. The courts will not and cannot become involved. The CBA gives Goodell the power, there's nothing that the judicial system can do to change that. The NFLPA may take issue but they gave Goodell that power. The only thing they can do is bargain that particular provision in the next CBA.

How can something so simple be so hard for some to understand?

Actually, the courts can become involved. I'm sure any dispute first goes to arbitration, then any arbitration decision can be appealed to the court system. Now, whether they'd win any decision depends of course on the facts, but the courts can absolutely become involved.

Not sure why anyone would think otherwise.

 

[dargonking999]

Internet no it alls are wrong more often.

But... internet know it all's are lawyers in disguise.

You didn't know this?

I feel sorry for your life

 

[SMCowboy]

I don't know how to explain this any clearer. The courts will not and cannot become involved. The CBA gives Goodell the power, there's nothing that the judicial system can do to change that. The NFLPA may take issue but they gave Goodell that power. The only thing they can do is bargain that particular provision in the next CBA.

How can something so simple be so hard for some to understand?

Do you honestly think that Goodell has the ability to go and suspend anyone without just reason? Because if you think that he has noone looking over his shoulder at all, then that is exactly what you are saying.

Don't get me wrong, Goodell has a TON of authority and can set suspensions for crimes as he sees fit. But, he has to have a good reason for suspending a player, or extending an original suspension or you can rest assured that the courts will get involved.

 

[firehawk350]

My question is which court system will try the case... NFL HQ probably isn't in Texas, and Pacman plays for a "company" based out of Texas, so you'd have to have some national court try it I guess... Or maybe wherever the defendent is... Either way, I know it's very hard to win a labor dispute. Question though, I see a bunch of people saying Pacman will take it to the courts, but under what "charge" or allegation.

Side note: Sorry, not an internet know-it-all or disguised lawyer...

 

[StanleySpadowski]

Actually, the courts can become involved. I'm sure any dispute first goes to arbitration, then any arbitration decision can be appealed to the court system. Now, whether they'd win any decision depends of course on the facts, but the courts can absolutely become involved.

Not sure why anyone would think otherwise.

Disputes of this nature do not go to an independant arbitrator. Appeals are reverted back to the Commissioner instead.

 

[firehawk350]

Do you honestly think that Goodell has the ability to go and suspend anyone without just reason? Because if you think that he has noone looking over his shoulder at all, then that is exactly what you are saying.

Don't get me wrong, Goodell has a TON of authority and can set suspensions for crimes as he sees fit. But, he has to have a good reason for suspending a player, or extending an original suspension or you can rest assured that the courts will get involved.

My understanding is an employer can fire you for any reason, unless it is a reason already prohibited by law (race, religion, etc...). What charge or allegation will Pacman level against the NFL??? Failure to let me play again??? Failure to hire me back after a suspension?

 

[theogt]

My question is which court system will try the case... NFL HQ probably isn't in Texas, and Pacman plays for a "company" based out of Texas, so you'd have to have some national court try it I guess... Or maybe wherever the defendent is... Either way, I know it's very hard to win a labor dispute. Question though, I see a bunch of people saying Pacman will take it to the courts, but under what "charge" or allegation.

Side note: Sorry, not an internet know-it-all or disguised lawyer...

It looks like under the FAA, it's the US federal court of the district in which the arbitration occurred.

Disputes of this nature do not go to an independant arbitrator. Appeals are reverted back to the Commissioner instead.

And an appeal would then go to an arbitrator, and so on...

To state that it could never end up in a court is just plain ignorance. Sorry.

 

[superpunk]

Disputes of this nature do not go to an independant arbitrator. Appeals are reverted back to the Commissioner instead.

Like when Maurice Clarett sued the league for preventing him from entering their workforce?

Or this?

Suspended NFL Players Sue Under ADA

PlanSponsor.com (free registration required) yesterday brought some recent current events into the realm of employment discrimination law:
Middle linebacker Odell Thurman of the Cincinnati Bengals and Tampa Bay Bucs cornerback Torrie Cox hope to have their suspensions ordered by Commissioner Roger Goodell overturned. The two filed discrimination claims with the Equal Employment Opportunity Commission (EEOC).

The lawsuits were filed with the EEOC under the Americans with Disabilities Act (ADA), and argued that the NFL deems Thurman ad Cox alcoholics. They claim their suspensions violate the ADA, which forbids employers from discriminating against workers with disabilities.

According to ESPN.com, Thurman and Cox cite the suspension of former NBA player Roy Tarpley of the Dallas Mavericks. In Tarpley's case, the EEOC said that the NBA breached the ADA when it refused to reinstate Tarpley, even though he passed drug screenings for four consecutive years.

This is an interesting dispute as the ADA has very specific language when it comes to treating alcoholism as a disability. Those currently abusing alcohol are not covered by the ADA, while those who have a record of alcoholism and have received treatment are considered disabled for purposes of the ADA.

So whether Thurman and Cox are successful will largely depend on whether they are still currently abusing alcohol or whether they are in rehabilitation mode. There is also a subsidiary issue about how long you must be off alcohol before being consider to no longer be a current abuser. Some cases requires two months or more and if these NFL Players were recently suspended for failing a test, they might be out of luck.

Yes?

No?

I think if they want to go to court, they will.

 

[StanleySpadowski]

Do you honestly think that Goodell has the ability to go and suspend anyone without just reason? Because if you think that he has noone looking over his shoulder at all, then that is exactly what you are saying.

Don't get me wrong, Goodell has a TON of authority and can set suspensions for crimes as he sees fit. But, he has to have a good reason for suspending a player, or extending an original suspension or you can rest assured that the courts will get involved.

Yes, Goodell can suspend any player for any reason under the "intergity of the game" clause of the personal conduct policy. He has that much discretion. Now if he exercised that ability in a willy-nilly fashion, he'd lose his job in the end but he does have the power.

 

[cobra]

I don't do labor law. It's a morass. I took a class in it years ago in law school for some now-forgotten reason that must have been a brain fart in retrospect. At the end of the class, I'm not sure I could have told you more than 3 sentences about labor law.

With the disclosure in place, I will say that arguing about whether you can get to court is somewhat missing the point.

There is an internal procedure for discipline in the CBA. The CBA provides for arbitration over disputes about changes to by-laws (e.g., giving Goodell the power). Article IV of the CBA is a waiver of a right to sue (that is feckless). I'm not about to waste my time reading any further into the CBA. It is enough that there are processes in place.

Under both the NLRA and LMDRA (or Landrum-Griffin Act), union members are required to exhaust union remedies before instituting a suit against a union or its members. The Supreme Court in a number of cases has indicated this gives courts discretion to assume jurisdiction if they believe the remedies have been exhausted or are likely to be futile. The CBA outlines what remedies must be exhausted. If Pacman has done so, then he can go to Court.

I don't think we know enough about what has occurred internally or what was the specific basis for the suspension to determine the legal issue conclusively.

But if it is just a question of whether he can get to Court, the answer is (as it almost always is) yes. He just needs to jump through hoops first.

Now I need to go bash my head with a 2x4 to get labor law out of my head again.

 

[firehawk350]

Like when Maurice Clarett sued the league for preventing him from entering their workforce?

Or this?


Yes?

No?

I think if they want to go to court, they will.

What's the "disability" Pacman possesses??? Dumbasis?

 

[dargonking999]

Like when Maurice Clarett sued the league for preventing him from entering their workforce?

Or this?


Yes?

No?

I think if they want to go to court, they will.

I say, i say, i say

You're one them dang gum lawyers aint ya!

i can smell you from a mile away

*in my best country accent*

 

[Alan78]

I don't know how to explain this any clearer. The courts will not and cannot become involved. The CBA gives Goodell the power, there's nothing that the judicial system can do to change that. The NFLPA may take issue but they gave Goodell that power. The only thing they can do is bargain that particular provision in the next CBA.

How can something so simple be so hard for some to understand?

The NFL is run like any company, the CEO (Goodell) has the power to fire, but if there is no good reason for it, it can be considered wrongful termination and it will go to a civil court.

 

[cobra]

The NFL is run like any company, the CEO (Goodell) has the power to fire, but if there is no good reason for it, it can be considered wrongful termination and it will go to a civil court.

This is incorrect. The players are unionized and the relationship is subject to a collective bargaining agreement.

That makes it a lot different than "any company." There are internal procedures that must be followed before running to Court.

 

[Doomsday101]

The NFL is run like any company, the CEO (Goodell) has the power to fire, but if there is no good reason for it, it can be considered wrongful termination and it will go to a civil court.

I think it would go in front of the players union and reviewed by them before it would ever go to any type of court and chances are it would be the union taking up the case on behalf of the player. I think people are getting carried away with this Goodell did lay down the law and has the support from the players and their union. Goodell is not looking to throw players out, the players do that to themselfs by there own actions and many players around the league are sick of being lumped in with the thugs and have been the ones going to Goodell about changing the conduct policy