Quote:
Originally Posted by CRedskinsRule
The problem SBXVII isn't that all you say isn't true, the problem is, that the arbitrator, IF he sticks to a purely defined role from THIS CBA, then he won't look into those issues, and will rule strictly on the procedural issue that the Cowboys and Skins have supposedly raised. On that issue alone, the League has as good a case as the Skins/Cowboys. In other words, it may be patently unfair, but it was patently unfair by the book. That, I believe is Hoophead's basic premise.
I believe, but we won't know until the arbitrator rules, that he(the arbitrator) will look into all aspects of the punishment, including the root from which it came, and if he does that, then he should rule in the Skins/Cowboys favor, because it is clear that the option clauses they used were valid negotiating tools in both the 2006 and the 2011 CBA, and the fact that no salary cap was present shouldn't restrict a team from using those same tools.
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Ok, I'm confused cause I keep hearing this but how can an Arbitrator rule on a case using current rules/CBA for a period not covered by these rules? My arguement is I believe the Arbitrator will be forced to use the old CBA at most and or the CBA that was in place at the time the Skins and Cowboys made their contracts and whatever CAP was in place at the time. We know there was no CAP so he will have to look at what the CBA rules were at the time and what 'warnings' were given. I'm also thinking he will see the "warning" as colluding and will take the punishment away from the two teams cause what the league did was illegal.
I think your idea is the Arbitrator is looking solely at whether the Exec Committee and or Commish can with the current CBA rules punish the two teams. I think he also will have the right to look at the CBA that was in place and decide if the two teams even broke a rule for which they should be punished for. I think the major points the two teams should bring up is there was no CAP and the league approved or passed off on the contracts with out having the two teams notified they violated an agreement or CBA and told to restructure them again to fall within the perimaters.