Brady 4 Game Suspension Upheld

[smuggler]

Looks to me like the NFL wins this one. The union's primary argument is that the arbitrator is biased. Arbitrator was agreed upon by the league and Brady via the CBA long ago. Doty would have gone against legal precedent to help out the labor, but the NY judge probably won't. Brady agreed to binding arbitration AND agreed to having it be levied by Goodell. He should have taken a deal. He's toast.

[pbmax]

Looks to me like the NFL wins this one. The union's primary argument is that the arbitrator is biased. Arbitrator was agreed upon by the league and Brady via the CBA long ago. Doty would have gone against legal precedent to help out the labor, but the NY judge probably won't. Brady agreed to binding arbitration AND agreed to having it be levied by Goodell. He should have taken a deal. He's toast.

The NFLPA has won the last two battles over Personal Conduct because of due process, not bias. For Rice, the Judge (not Doty) ruled that Commissioner Hairbrain was not lied to, but failed to understand what a punch might mean in the context of domestic violence. Without the video, he failed to imagine that it could be as severe as the video indicated. The Judge found this failure of comprehension to be consistent with the NFL's admitted failure to take the issue seriously, resulting in the new Policy.

The also lost on a second angle with Rice when they got stopped from applying a new rue after the fact.

Doty found that the same rulings applied to Peterson.

Brady's case, as argued by the NFLPA, is being contested on four points:http://profootballtalk.nbcsports.com...-in-minnesota/

1. Players advance notice of potential discipline. “Brady had no notice of the disciplinary standards that would be applied,” the petition says at page 3, “and no notice of the potential penalties.”

2. The league and the NFLPA collectively bargained the punishment for “alleged equipment tampering by players,” and that the NFL was not permitted to disregard those provisions without advance notice.

3. The petition likewise explains that the “Competitive Integrity Policy” was “never given” to players, and that it specifically applies only to teams, not to players.

4. A fine is the only penalty that has ever been upheld in such circumstances.” (In 2010, Brett Favre was fined $50,000 for failing to cooperate with an investigation regarding allegations that he texted inappropriate photos to a Jets employee.)

5. The petition claims that the discipline violates the “law of the shop” that requires fair and consistent treatment of players by basing Brady’s discipline on air-pressure tests that “did not generate reliable information,” and that the arbitrator (Commissioner Roger Goodell) was “evidently partial.”

Regarding #3, a Jets player, a kicker, was not subject to punishment despite being generally aware of tampering with the K balls by the Jets equipment staff in 2009.