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Originally Posted by JoeRedskin
Yes. No. Sorta. As to the arbitration, there are two questions: (1) Did the NFL follow the rules on how penalties are levied? and (2) Did the NFL have a legal substantive basis for levying the sanction?
As to (1), I would say the owners vote likely vitiates any procedural violations. Note that this is a prospective action - i.e. going forward the sanction is deemed to have been issued in an appropriate manner. So, even though procedurally incorrect and possibly unenforceable for that reason up to now, the cap penalty is, from this point forward procedurally correct. (oops, I served the notice on the wrong entity. Even though it was unenforceable while improperly served, I have corrected that and can now enforce it after the notice has been served on the correct entity).
As to (2), it goes back to the retroactivity. The conduct being now sanctioned was not improper/illegal/violative at the time it was taken. I don't believe that the owner's can change history with a vote. [As an example, I don't think the owner's could say - by vote of 24 - that teams didn't follow the Rooney Rule before it was created are subject to lost draft choices.]
I don't know if this second issue is really before the arbiter or if that has been saved for another legal rainy day.
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If it's a form of discipline - the league bylaws state what authority the Commissioner has to impose sanctions, and what requires an Executive Committee vote. The Commissioner does not have the authority to modify the salary cap without Executive Committee approval.
If it involves a modification of the CBA, it requires agreement between the NFL (via the MCEC) and the NFLPA. Depending on how substantial the change is, it may require approval from the owners. Both the NFLPA and 29 owners have signed off on this apparent modification of the CBA.
In the administration of this, it seems to have gone like this:
- The 'Skins and 'Cowboys shifted salary cap burden into the uncapped year
- Several owners complained
- The Commissioner decided to punish them, and salary cap hit made the most sense, even though he didn't have the authority to impose it
- Because it affected the CBA, Commissioner sent MCEC Chairman Mara to bribe NFLPA to sign off
- Commissioner thinks, "even though I don't have the authority to do this, the two teams will back off because I do have the authority to take away draft picks - and besides the other owners have my back."
- 'Skins and Cowboys fight anyway
- ???
- Profit
Anything could happen from here.