Quote:
Originally Posted by SBXVII
It shouldn't. No one not even the courts can apply a punishment for something that was not in effect at the time. The new CBA was not in effect at the time. The Arbitrator should only be able to look at the old CBA and CAP and see if the two teams broke any rule or law that was in place at the time. Since there was no CAP then all he has is the old CBA and or whatever "warnings" that were given. and in regards to the warnings was the warning right to enforce by the league or was it an illegal act?
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You misunderstand me. By agreeing to change
this year's and
next year's salary cap, the NFLPA and NFL are making changes and operating under the procedures applicable to the current CBA. You, me and the whole world knows that the reason the NFL proposed the restructuring of this year's and next year's salaray cap is b/c of the actions taken under the prior 2006 CBA. Regardless of the motivation for imposing the modification to the CBA, the only question (I believe) before the arbiter is: (1) Under the current CBA, whether or not the NFL and NFLPA could agree to such a modification for the current and following year; and (2) if permissible, was the modification done in accordance with the procedures set forth in the governing (currrent) CBA. Thus, the purpose
behind the modification is most likely irrelevant to either (1) or (2).