Quote:
Originally Posted by SBXVII
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.
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Very simply, because the penalty being imposed is being imposed pursuant to the current CBA. Sure, it is being done for actions that were taken during the prior CBA
but, but, as it affects the current and future dealings between the NFLPA and the NFL, the procedural basis for imposing the penalty is the agreement governing those current and future dealings.
i.e. the current CBA.