Redskins, Cowboys could go “nuclear” over cap mess

[biffle]

Originally Posted by HoopheadVII

IIRC, I was the first in this thread to note that the Commissioner doesn't have the power to modify the salary cap. That's something he doesn't have the authority to do "in his sole discretion."

No argument that it's a procedural mess.

However, he does have the authority to remove draft picks "in his sole discretion." Had he done that, this would probably be over by now. I doubt Snyder and Jones are going to take this to court.

Again, he tried to in effect impose his own salary cap rules in 2010, which he can't do. And he's punishing the Redskins and Cowboys for not following his rules. Draft picks or cap space, he has no right to overrule the CBA, and that's what he is trying to do here.

[HoopheadVII]

Originally Posted by biffle

Again, he tried to in effect impose his own salary cap rules in 2010, which he can't do. And he's punishing the Redskins and Cowboys for not following his rules. Draft picks or cap space, he has no right to overrule the CBA, and that's what he is trying to do here.

Look, I agree that what he's doing is unfair.

However, if he decides - in his sole discretion - that it was conduct detrimental to the league and affected competitive balance, he does have the authority to remove draft picks, and the clubs wouldn't have any grounds to complain that he violated the CBA.

It would be a reach for the NFLPA to argue that taking away draft picks violated the CBA - and given that the NFLPA signed off on this, I find it hard to believe they'd even get involved if it were draft picks.

[biffle]

Originally Posted by HoopheadVII

Look, I agree that what he's doing is unfair.

However, if he decides - in his sole discretion - that it was conduct detrimental to the league and affected competitive balance, he does have the authority to remove draft picks, and the clubs wouldn't have any grounds to complain that he violated the CBA.

It would be a reach for the NFLPA to argue that taking away draft picks violated the CBA - and given that the NFLPA signed off on this, I find it hard to believe they'd even get involved if it were draft picks.

Not going to keep repeating myself, but he has no right to impose his own salary cap or to punish teams for not going along with it.

You can use the "sole discretion" line all you want but he still has to treat al parties fairly or they can seek relief from the court. Every league has been taken to court for doing things that were supposedly in the commish's "sole discretion". The Starcaps case comes immediately to mind. It's certainly within the commisioner's discretion to implement drug suspensions, yet he had to go to court and fight it out on that one for 2 years.

[HoopheadVII]

Originally Posted by biffle

Not going to keep repeating myself, but he has no right to impose his own salary cap or to punish teams for not going along with it.

You can use the "sole discretion" line all you want but he still has to treat al parties fairly or they can seek relief from the court. Every league has been taken to court for doing things that were supposedly in the commish's "sole discretion". The Starcaps case comes immediately to mind. It's certainly within the commisioner's discretion to implement drug suspensions, yet he had to go to court and fight it out on that one for 2 years.

He never tried to impose his own salary cap in an uncapped year.

There's a difference between players fighting a league for the right to impose discipline on them and league members suing themselves because they don't like how a Commissioner they appointed used they authority they gave him, and that 29 other members agreed with.

And, they can always attempt to sue the League, but they won't because that would be stupid for everybody involved. And they would have to prove that the Commissioner abused authority that they granted him sole discretion to apply.

If every team took a league to court for every bit of discipline they thought unfair, leagues wouldn't exist. At some point, Snyder will say, "I like making 9 figures and trying to win football games better than I like spending years in court and getting screwed by the League every way possible forever."

[biffle]

Originally Posted by HoopheadVII

He never tried to impose his own salary cap in an uncapped year.

There's a difference between players fighting a league for the right to impose discipline on them and league members suing themselves because they don't like how a Commissioner they appointed used they authority they gave him, and that 29 other members agreed with.

And, they can always attempt to sue the League, but they won't because that would be stupid for everybody involved. And they would have to prove that the Commissioner abused authority that they granted him sole discretion to apply.

If every team took a league to court for every bit of discipline they thought unfair, leagues wouldn't exist. At some point, Snyder will say, "I like making 9 figures and trying to win football games better than I like spending years in court and getting screwed by the League every way possible forever."

If he's telling teams they can't spend money the way the CBA allows, then yes he's trying to overrule the CBA and impose his own version of the salary cap.

And I was providing an example of the league going to court over something that Goodell supposedly had the "sole discretion" to decide. That power isn't any where near as absolute as you try to make it sound.

[HoopheadVII]

Originally Posted by biffle

If he's telling teams they can't spend money the way the CBA allows, then yes he's trying to overrule the CBA and impose his own version of the salary cap.

And I was providing an example of the league going to court over something that Goodell supposedly had the "sole discretion" to decide. That power isn't any where near as absolute as you try to make it sound.

Which example? The drug testing?

If the NFLPA had fought this, they would have walked away and gone straight to draft picks before announcing it.

[biffle]

Originally Posted by HoopheadVII

Which example? The drug testing?

If the NFLPA had fought this, they would have walked away and gone straight to draft picks before announcing it.

Again, I am not going to keep repeating myself, and you're just spinning your tires at this point.

Many things that are supposed to be in a commissioner's sole discretion end up being adjudiucated in court. It's not the Hammer of Thor or the One Ring you keep pretending it is.

Not going to bother continuing to discuss it.