Football Missouri Supreme Court Hands Roger Goodell And The NFL A Major Defeat - Page 2

BucEyedPea · 05-10-2015, 06:03 PM

As it currently stands, NFL Commissioner Roger Goodell has nearly unchecked power when it comes to arbitration cases and complaints brought to the league by employers, players included.

While narrow in its scope, a recent ruling by the Missouri Supreme Court invalidates the commissioner as arbitrator pertaining to league employees in that state, specifically employees of the St. Louis Rams and Kansas City Chiefs.

The ruling that was handed down last week concludes that there are tremendous inconsistencies within the current league constitution and bylaws.

Section 8.3 gives the commissioner complete control and final jurisdiction to arbitrate any dispute between any player, coach or other employee of the league.

Section 8.1 requires the NFL to employ a commissioner, at which point fixed compensation during his employment is decided.

Section 8.2 then dictates that the “commissioner shall have no financial interest, direct or indirect, in any professional sport.”

As Pro Football Talk’s Mike Florio points out, the provisions are inconsistent.

It’s impossible for the Commissioner to have “no financial interest” in “any professional sport” when he is paid by the league — and when the bulk of his compensation often comes from bonuses tied to the financial success of the league.

That’s the ultimate decision Missouri’s highest court came to.

The case was originally brought to the court by former Rams equipment manager Todd Hewitt more than four years ago. In his complaint, Hewitt argued that he didn’t need to submit claims of arbitration to the commissioner and the league.

As we mentioned above, this ruling was narrow in its scope. It only pertains to the two teams currently playing football in the state of Missouri. And it only focused on the bylaws to the league’s constitution pertaining solely to the case.

However, it’s a carrot that the NFL Players Association can definitely dangle to other courts when challenging the league’s authority over player issues, including league-mandated suspensions and fines. It has also set a precedent for the other 21 states that house NFL teams to follow suit. Equally as important, it’s a significant chip within the confines of collective bargaining.

Let’s say a Kansas City Chiefs player is suspended for violating the league’s substance abuse policy. What is to stop him from arguing that the commissioner is not unbiased in his actions? Bias can come in multiple forms, including but not limited to a financial relationship the commissioner has with teams that employ said players.

More than anything, this ruling could act as a tip of the iceberg. There is now precedent set when it comes to a high court challenging the commissioner’s nearly unchecked powers. In the state of Missouri, that precedent is there in black and white.

In what might seem like a minor ruling based on a specific complaint could have wide-ranging ramifications moving forward. After all, the collective bargaining issues between the NFL and the union brings out the best in the lawyers involved. They’re not going to sit idly by and pretend this specific ruling doesn’t apply to other cases around the league.

That’s where it will get tricky.

http://www.forbes.com/sites/vincentf...ajor-defeat/2/

Mr. Laz · 05-11-2015, 09:52 AM

A boss shouldn't be in charge of his own business /Mizzery supreme court

Pasta Little Brioni · 05-11-2015, 09:58 AM

ButterEyedPopcorn

**Reaper16** · 05-11-2015, 10:06 AM

In related news, the Kansas City Chiefs sign WR Josh Gordon to a 4-year deal.

**Bowser** · 05-11-2015, 10:44 AM

Quote:

Originally Posted by ptlyon

Great. Now we will never get back to the SB...

This

Coochie liquor · 05-11-2015, 11:29 AM

Quote:

Originally Posted by Pasta Giant Meatball

ButterEyedPopcorn

BrownEyedProstate

Chief Roundup · 05-11-2015, 02:19 PM

So the Hunts may have to pay Neil Smith out of their own pocket?

05-10-2015, 06:03 PM
BucEyedPea Gimme My Berries Back! Join Date: Apr 2006 Location: None of your business Casino cash: $3489963	Missouri Supreme Court Hands Roger Goodell And The NFL A Major Defeat As it currently stands, NFL Commissioner Roger Goodell has nearly unchecked power when it comes to arbitration cases and complaints brought to the league by employers, players included. While narrow in its scope, a recent ruling by the Missouri Supreme Court invalidates the commissioner as arbitrator pertaining to league employees in that state, specifically employees of the St. Louis Rams and Kansas City Chiefs. The ruling that was handed down last week concludes that there are tremendous inconsistencies within the current league constitution and bylaws. Section 8.3 gives the commissioner complete control and final jurisdiction to arbitrate any dispute between any player, coach or other employee of the league. Section 8.1 requires the NFL to employ a commissioner, at which point fixed compensation during his employment is decided. Section 8.2 then dictates that the “commissioner shall have no financial interest, direct or indirect, in any professional sport.” As Pro Football Talk’s Mike Florio points out, the provisions are inconsistent. It’s impossible for the Commissioner to have “no financial interest” in “any professional sport” when he is paid by the league — and when the bulk of his compensation often comes from bonuses tied to the financial success of the league. That’s the ultimate decision Missouri’s highest court came to. The case was originally brought to the court by former Rams equipment manager Todd Hewitt more than four years ago. In his complaint, Hewitt argued that he didn’t need to submit claims of arbitration to the commissioner and the league. As we mentioned above, this ruling was narrow in its scope. It only pertains to the two teams currently playing football in the state of Missouri. And it only focused on the bylaws to the league’s constitution pertaining solely to the case. However, it’s a carrot that the NFL Players Association can definitely dangle to other courts when challenging the league’s authority over player issues, including league-mandated suspensions and fines. It has also set a precedent for the other 21 states that house NFL teams to follow suit. Equally as important, it’s a significant chip within the confines of collective bargaining. Let’s say a Kansas City Chiefs player is suspended for violating the league’s substance abuse policy. What is to stop him from arguing that the commissioner is not unbiased in his actions? Bias can come in multiple forms, including but not limited to a financial relationship the commissioner has with teams that employ said players. More than anything, this ruling could act as a tip of the iceberg. There is now precedent set when it comes to a high court challenging the commissioner’s nearly unchecked powers. In the state of Missouri, that precedent is there in black and white. In what might seem like a minor ruling based on a specific complaint could have wide-ranging ramifications moving forward. After all, the collective bargaining issues between the NFL and the union brings out the best in the lawyers involved. They’re not going to sit idly by and pretend this specific ruling doesn’t apply to other cases around the league. That’s where it will get tricky. http://www.forbes.com/sites/vincentf...ajor-defeat/2/
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05-11-2015, 09:52 AM	#16
Mr. Laz Don't Tease Me Join Date: Dec 2000 Location: KS Casino cash: $11047037	A boss shouldn't be in charge of his own business /Mizzery supreme court __________________
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05-11-2015, 09:58 AM	#17
Pasta Little Brioni Consuming CP souls Join Date: Oct 2005 Location: U.S.A. Casino cash: $3998880	ButterEyedPopcorn __________________ **Official TFWdemB Trivia Commisioner**
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05-11-2015, 02:19 PM	#21
Chief Roundup Admitted Planet Junky Join Date: Oct 2000 Casino cash: $2081627	So the Hunts may have to pay Neil Smith out of their own pocket? __________________ Fanaticism is nowhere. There is no tenderness or humanity in fanaticism.
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