Saturday, June 9, 2012

Arbitrator rules against New Orleans Saints players in bounty appeal, sides with NFL

The NFL announced Friday that arbitrator Shyam Das has dismissed a grievance filed by the NFL Players Association and has ruled in favor of the NFL in the appeals case of four suspended players. The players, suspended for their role in a pay-for-performance bounty program, include Saints linebacker Jonathan Vilma and defensive end Will Smith.

Das ruled that NFL Commissioner Roger Goodell has the authority to hear the players' appeals to their suspensions, which the league has scheduled for June 18.

The NFLPA argued that Goddell could not punish the players for actions that occurred before the league negotiated a new collective bargaining agreement last summer. ?It also argued that because the alleged violations occurred on the field, Ted Cottrell or Art Shell should hear the appeal. The two are jointly appointed by the NFL and the NFLPA to review on-field misconduct.

Das, however, ruled that the language of the new CBA does not prevent the NFL from punishing players for actions previous to last summer.

"It does not, as I read it, constitute an agreement by the NFL that the Commissioner relinquishes authority to impose discipline for conduct detrimental occurring prior to the execution of the CBA on August 4, 2011," Das said in his ruling.

Vilma's attorney, Jonathan Ginsberg expressed disappointment in the arbitrator's decision.

"We are focused on providing the truth and overcoming whatever procedural barriers lie ahead of us in order to assure that Jonathan personally receives a fair and proper review of the commissioner's allegations against him," Ginsberg said. "Clearly, Arbitrator Das does not feel he is the proper person to adjudicate these matters, but the process of finding the proper tribunal will continue."

NFLPA spokesman George Atallah declined comment on the decision and said that though there are other legal avenues the NFLPA can pursue before June 18, it has not yet decided what course of action to take.

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