Redskins, Cowboys could go “nuclear” over cap mess

[JoeRedskin]

Originally Posted by HoopheadVII

A couple of relevant points that may or may not have been made yet:

1) The NFL's Constitution and bylaws outline the authority of the Executive Committee, the Commissioner, and they authorize the commissioner to create other committees reporting to the commissioner (including the Management Council Executive Committee). The authority of the commissioner is specifically defined (Art. VIII), and nowhere in there does the commissioner have the power to modify the salary cap. He does have the right to recommend other punishment to the Executive Committee, but punishment by the Executive Committee requires the affirmative vote of 3/4 of the clubs.

2) The discipline enacted relies on the clubs involved exhibiting "conduct detrimental to the welfare of the League." This should be interesting to prove given that the Commissioner had the ability to disapprove the relevant contracts at the time and didn't.

3) The CBA explicitly states (Art XIII, Sec. 1) that the salary cap will the same amount for each club.

4) The NFLPA agreed to not dispute the penalty because DeMaurice Smith was bribed with his job. He is up for re-election this month, and seeing the salary cap go down from the fixed amount last year would all but ensure he's not re-elected. The Salary Cap is calculated for a given year based on projected revenues - and the total cash spending requirement across all teams is adjusted later based on actual revenues. Since the League makes this projection, they threatened to lower the salary cap in 2012 if the NFLPA didn't accept the penalties on the 'Skins and Cowboys.

Very nice. Good stuff. Point 4 involves some speculation, but certainly not unreasonable given the grounds you state. Not sure a decline in the salary cap would "ensure he is not re-eleted" but it certainly would not help him.

Welcome to the board. I think you and I will get along well.

[HoopheadVII]

Originally Posted by HoopheadVII

A couple of relevant points that may or may not have been made yet:

1) The NFL's Constitution and bylaws outline the authority of the Executive Committee, the Commissioner, and they authorize the commissioner to create other committees reporting to the commissioner (including the Management Council Executive Committee). The authority of the commissioner is specifically defined (Art. VIII), and nowhere in there does the commissioner have the power to modify the salary cap. He does have the right to recommend other punishment to the Executive Committee, but punishment by the Executive Committee requires the affirmative vote of 3/4 of the clubs.

2) The discipline enacted relies on the clubs involved exhibiting "conduct detrimental to the welfare of the League." This should be interesting to prove given that the Commissioner had the ability to disapprove the relevant contracts at the time and didn't.

Now, one problem that the 'Skins may have is that the Commissioner does have the explicit authority to take away draft picks for 2) above. It would be approximately 87 times worse to give up the shiny new #2 pick in the upcoming draft than it would be to live with reduced cap space for two years. Creative restructuring can push cap hits from '12 and '13 into '14 - when the salary cap is expected to go up with a new TV deal.

Basically, if the 'Skins go nuclear, the Commissioner has a pretty nasty nuclear option himself.

[JoeRedskin]

Originally Posted by NYCskinfan82

You see it your way I see it mine.

Yeah, I probably haven't been involved in the settlement of about a thousand or two claims in my 20 year career as an attorney - so I probably have no idea what I am talking about.

[Giantone]

Originally Posted by JoeRedskin

Yeah, I probably haven't been involved in the settlement of about a thousand or two claims in my 20 year career as an attorney - so I probably have no idea what I am talking about.

Cheer up ,there is always talk radio.

[los panda]

a cop stole $47 cash out of my money clip while i was cuffed. i did nothing, i was in no position. howard county, md...

[DCtoAZ]

you just knew the Danny and the Jerry weren't going to let this s**t go on.

[NC_Skins]

Originally Posted by DCtoAZ

you just knew the Danny and the Jerry weren't going to let this s**t go on.

They haven't done anything yet, and I wouldn't be surprised if they end up not doing anything.

[Giantone]

Originally Posted by NC_Skins

They haven't done anything yet, and I wouldn't be surprised if they end up not doing anything.

Look as if JR says this is all shit (sorry) then fight and let the chips fall where they may.I read what JR said but again I disagree doing nothing to me is an admission of guilt.

[Ruhskins]

Originally Posted by Giantone

Look as if JR says this is all shit (sorry) then fight and let the chips fall where they may.I read what JR said but again I disagree doing nothing to me is an admission of guilt.

It could also means that the team is weighting the pros/cons of fighting this. If the cons outweight the pros, then they may decide it may not be worth it. Especially if they are able to absorb the punishment.

[GusFrerotte]

Nop way these cap hits will hold up. The other franchises colluded, which was a stupid move, but meant to screw over the players. If no NFL rules or franchise bylaws, etc were broken then the NFL has no legs to stand on. Dan and Jerry need to get together and go to Federal court over this crap. Screwing over two teams that wanted/needed to use the advantage of the situation is heinous to say the least. I need to build me a fleet of drones and hit NFL HQ if this holds up. Why would Goodell want to hurt the rebuilding efforts of his two largest cash cows?

[BigHairedAristocrat]

when this thread was first open after the pft article, i was thirsting for blood. the discussion thats gone on here amongst my fellow forum members has become so repetitive and tiresome that my bloodlust has been replaced with entire apathy towards the entire issue. until i read reports which state otherwise, im not going to give anymore thought to it. we got screwed and we're probalby not going to do anything about it. i'd rather look forward to the rest of free agency and the draft than continue crying over spilled milk.

[SBXVII]

Wait until after draft day, then Mr. Snyder get some balls and file the law suit. Show your not going to get walked on. The league changes their mind then drop the law suit if they don't then let it go to arbitration.

[BuckSkin]

Welcome aboard Hoophead, best first post I've seen.

[CRedskinsRule]

Originally Posted by JoeRedskin

Yeah, I probably haven't been involved in the settlement of about a thousand or two claims in my 20 year career as an attorney - so I probably have no idea what I am talking about.

I think I will permalink this post! Sarcastic context can easily be ignored.

[BigHairedAristocrat]

For your third post, you quoted yourself. Welcome to the board.