NFLPA Makes Letter to NFL Regarding Brady Appeal Public
Saturday, May 16, 2015
The NFL Players Association and Tom Brady are appealing the 4 game suspension that the NFL handed down, following the release of the Wells Report. The appeal became official on Thursday afternoon.
On Thursday evening, NFL Commissioner Roger Goodell announced that he will hear Brady's appeal. The NFLPA made their letter public on Friday.
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The first part of the letter addresses Troy Vincent's role in handing down the punishment.
Excerpts below:
The CBA (Collective Barginning Agreement) grants the Commissioner—and only the Commissioner—the authority to impose conduct detrimental discipline on players.
It (the CBA) contains no corresponding provision authorizing the Commissioner to delegate his exclusive role to impose conduct detrimental discipline to you or anyone else. You have no authority to impose discipline on Mr. Brady under the CBA, and such discipline must therefore be set aside.
NFLPA on Brady's 4 Game Suspension
The second part of the letter gets into the four game suspension that was handed to Tom Brady and cites previous league discipline such as Bountygate and Ray Rice.
Excerpt below:
Indeed, no player in the history of the NFL has ever received anything approaching this level of discipline for similar behavior—a change in sanctions squarely forbidden by the CBA and the law of the shop.
NFLPA vs Roger Goodell
Roger Goodell will hear Brady's appeal and as the letter reads, that is not what Brady and the NFLPA wanted.
Excerpts below:
Please be advised that the NFLPA and Mr. Brady intend to call both you (Troy Vincent) and Commissioner Goodell as essential witnesses in the proceeding.
In light of the above, the NFLPA believes that neither Commissioner Goodell nor anyone with close ties to the NFL can serve as arbitrator in Mr. Brady’s appeal under governing legal standards. The credibility and testimony of both you and Commissioner Goodell will be at issue in the hearing as well as numerous procedural issues regarding your testimony and the testimony of the Commissioner.
Accordingly, this letter will serve as a formal demand that the Commissioner follow the Rice precedent and appoint an independent person to serve as arbitrator over Mr. Brady’s appeal. If the Commissioner does not appoint such a neutral arbitrator, the NFLPA and Mr. Brady will seek recusal and pursue all available relief to obtain an arbitrator who is not evidently partial.
What is Next
The NFL has ten days from when Brady filed his appeal (May 16) to schedule the hearing.
The New England Patriots as an organization have until Monday to officially appeal their fine and loss of two draft picks. It is unclear as to whether the organization will do so.
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