Quote:
Originally Posted by FRPLG
It'll be interesting to see if the argument that someone here made concerning the timing of the penalty was a violation in his eyes. Perhaps technically the penalty was imposed without proper procedure simply based on the timing. I think that may be the only decent procedural argument that can be made. The vote, post-facto, didn't magically make the penalty timely. Both teams were penalized in violation of the CBA that existed on March 13th. Maybe.
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The CBA doesn't say anything about how the League can punish its Clubs, and the arbitrator doesn't have any power to decide whether a penalty was appropriate.
The arbitrator can only say that an action was unfair under the CBA.
IMO, the choices are:
- The CBA was improperly modified
- Based on the way "Salary Cap" is defined throughout the document, the modification doesn't make sense - so the modification needs to be dropped or the whole document needs to be rewritten.