Redskins, Cowboys could go “nuclear” over cap mess

[SBXVII]

Originally Posted by FRPLG

SB, I think we're sorta getting what your are saying. The problem is that all parties involved here are subject to rules. Some outlined in NFL Bylaws, some in the relevant CBAs. The arbitrator has specific authority granted by the current CBA. This same person was also the arbitrator granted specific authorities under the old CBA but that is now irellevant. He cannot expand his authority without the consent of the parties involved so he cannot under any legally theoretical notion rule as to whether what we did was a violation unless the current CBA allows for him to handle such a question. He can rule as to whether what has been done now, the punishment, was allowable under the current CBA. That's it.

Understood. But one would think if this was a violation of the "old CBA" then the punishment should have come from whatever is permitted by the Commish or Exec Committe at that time. Even if they decided to go back and punish for something 2 yrs ago it should still fall under whatever CBA was in place at the time. If the rules were similar and the same people could duel out the same punishments then fine. No matter who the Arbitrator is should be able to look at the issue considering the CBA that was in place at the time. Hopefully if this is the case and the Arbitrator see's there was no actual rule or law or whatever in place to cover said infraction can he deem the punishment wrong or innapropriate?

If the question is do they have the right to punish under the new CBA? maybe maybe not. However they (according to Hoop) met with the NFLPA to make an addendum to the current CBA which would allow a punishment for said action then went out and punished for it. This is another aspect I think is innapropriate. The Commish/and Exec Committee should have looked at what was done and decided if the two teams violated any rule/law under the CBA that was in place at the time and if they did then what was the standard punishment for that type of infraction. Where I think the Arbitrator comes in is the Commish/Exec Committee sat down and thought yea this is wrong somehow, then looked at the CBA that was in place at the time and couldn't find a rule against it and couldn't find a punishment against so they use the current CBA (so it sounds) for an old infraction. This is where I'm hoping the Arbitrator steps in and says you can't do that. This new CBA was not in place at the time and the rule was not in place at the time so no punishment is warranted and the CAP space returned.