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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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It really goes to the one point none of us knows, and that is what specifically did the Skins/Cowboys appeal to the arbitrator. But we will know more, once the arbitrator approves or denies the league's motion for dismissal. IF the arbitrator is looking solely at the procedures used to enact the salary cap punishment, then he most likely will dismiss based on the league's motion.
If it goes to a full hearing, I am sure the two teams will try to bring all those arguments up, but again, the arbitrator will have the say as to how far he thinks his jurisdiction goes. I don't think it's clear cut that the two teams will be able to bring up all the issues from the 2006 CBA and 2010 uncapped year, because the arbitrator could easily declare those issues outside the scope of his inquiry.