Redskins, Cowboys could go “nuclear” over cap mess

[tryfuhl]

Originally Posted by Mattyk

whoever lives there is so F'd

He's just there to borrow some money

[VegasSkinsFan]

Just glad that the story seems to be spreading instead of being buried.

[SBXVII]

Originally Posted by HoopheadVII

You seem to be confusing "paying as much as they want in an uncapped year" with "unfairly shifting salary cap hit from capped year to uncapped year." They're two different things

Punishing for the former would likely constitute illegal collusion.

The part of my post you highlighted refers to the latter. It's clear they agreed this principle with the NFLPA because there are multiple clauses in the 2006 CBA that specifically prevent teams from doing this.

The League would argue that they didn't disapprove the contracts because it would prove collusion, they're saying they didn't disapprove the contracts within 10 days because that would have created an unnecessary discussion over something relatively small while the League and NFLPA were in the middle of much bigger discussions.

I'm guessing the real reason is that the Commissioner wasn't going to move on this until he got pressure from enough owners that he had to take action - and those complaints didn't come within the 10 day window for disapproval.

Again missing the point. It's either collusion or it's not. You can't say it was not collusion but had the league disapproved the contracts it would have been.

Collusion was there. The only thing disapproving the contracts would have done is given the NFLPA proof that there was collusion.

Also, if there was no collusion then Goodell had no reason to meet with the NFLPA and bribe, or strong arm them with the threat of lowering the CAP if they didn't agree with the punishment for both teams. Seriously the NFLPA could care less what the owners do with each other.

[Defensewins]

Originally Posted by HoopheadVII

You seem to be confusing "paying as much as they want in an uncapped year" with "unfairly shifting salary cap hit from capped year to uncapped year." They're two different things

Punishing for the former would likely constitute illegal collusion.

The part of my post you highlighted refers to the latter. It's clear they agreed this principle with the NFLPA because there are multiple clauses in the 2006 CBA that specifically prevent teams from doing this.

The League would argue that they didn't disapprove the contracts because it would prove collusion, they're saying they didn't disapprove the contracts within 10 days because that would have created an unnecessary discussion over something relatively small while the League and NFLPA were in the middle of much bigger discussions.

I'm guessing the real reason is that the Commissioner wasn't going to move on this until he got pressure from enough owners that he had to take action - and those complaints didn't come within the 10 day window for disapproval.

I have a serious problem with this. When I submit a document, contract or restructuring to a governing body for approval and they accept it and allow the change to take place, they are participating in the process and supposed "illegal" act. What is the point of submitting the agreements to the NFL offices if they approve it and months or years later say it is illegal and worthy of a $46 Million dollar fine?
If I am a member of the NFL governing body approving contracts and renegotiation, is it not my responsibility to inform the teams when they have error-ed in the contract process? Even if an issue is discovered later (months or years later) would it not make sense to inform the team and give them the chance to correct or negotiate a resolution. Not wait until the day before Free Agency starts AND hit the team with a huge fine? With no time to appeal before Free agency starts.
The 'excuse' above that the multi-$Billion dollar NFL being to busy is not acceptable. They don't have enough money to hire a few extra lawyers to deal with all issues in a timely manner?
Does not pass the smell test. Rotten.

[HoopheadVII]

Originally Posted by SBXVII

Again missing the point. It's either collusion or it's not. You can't say it was not collusion but had the league disapproved the contracts it would have been.

Collusion was there. The only thing disapproving the contracts would have done is given the NFLPA proof that there was collusion.

Also, if there was no collusion then Goodell had no reason to meet with the NFLPA and bribe, or strong arm them with the threat of lowering the CAP if they didn't agree with the punishment for both teams. Seriously the NFLPA could care less what the owners do with each other.

I believe you're missing the point.

Keeping people from paying as much as they want for players in an uncapped year = illegal collusion.

Keeping people from shifting too much salary cap hit into an uncapped year <> illegal collusion.

The 2006 CBA had several clauses agreed between the League and the NFLPA to prevent the latter. It's clear they agreed on the principle.

[HoopheadVII]

Originally Posted by Defensewins

I have a serious problem with this. When I submit a document, contract or restructuring to a governing body for approval and they accept it and allow the change to take place, they are participating in the process and supposed "illegal" act. What is the point of submitting the agreements to the NFL offices if they approve it and months or years later say it is illegal and worthy of a $46 Million dollar fine?
If I am a member of the NFL governing body approving contracts and renegotiation, is it not my responsibility to inform the teams when they have error-ed in the contract process? Even if an issue is discovered later (months or years later) would it not make sense to inform the team and give them the chance to correct or negotiate a resolution. Not wait until the day before Free Agency starts AND hit the team with a huge fine? With no time to appeal before Free agency starts.
The 'excuse' above that the multi-$Billion dollar NFL being to busy is not acceptable. They don't have enough money to hire a few extra lawyers to deal with all issues in a timely manner?
Does not pass the smell test. Rotten.

No doubt. The process of this is an absolute mess.

As far as not disapproving within 10 days, I'm guessing the Commissioner read the contracts, saw what they were doing, but wasn't going to take action. Then, he got complaints from a bunch of owners later and had to act. It's not a case of not reading what was in the contracts.

[CRedskinsRule]

Originally Posted by HoopheadVII

I believe you're missing the point.

Keeping people from paying as much as they want for players in an uncapped year = illegal collusion.

Keeping people from shifting too much salary cap hit into an uncapped year <> illegal collusion.

The 2006 CBA had several clauses agreed between the League and the NFLPA to prevent the latter. It's clear they agreed on the principle.

Hopefully, my last entry on this, because until it's ruled on we just keep banging heads.

The fact that the 2006 CBA had several clauses defining illegal actions that were agreed upon by the NFL and NFLPA may or may not prove it was a shared concern. BUT what it DOES prove is that our actions met the letter of the law as it was written in 2006. To extrapolate out and say that somehow the CBA as written proves a spirit or intent on the NFLPA's part is ludicrous. We did not use a heretofore unused scheme. Option bonuses and voidable options were expressly allowed in the salary cap era, and NOT expressly disallowed in the uncapped year.

IF the NFLPA agreed on the principle, then in the 2006 CBA, or at some later date prior to the beginning of the uncapped league year, the NFL should have gotten an amendment to the CBA stating that the uncapped year should not be used to play tricks with the salary cap going forward. BUT, the NFLPA's express position was that if the salary cap died, it was not coming back. And if it hadn't come back, which was a valid possibility at the time the contracts in question were written, then there would have been no issue as to the salary cap techniques used.

Bottomline, there is no elastic clause in the 2006 CBA that says " and other salary cap manipulations that a team may use". It clearly defines which were illegal, and any other techniques used before, and again after the uncapped year, should be presumed legal and valid, and not subject to league sanction.

Awaiting Mara's[hoophead] response

[Chief X_Phackter]

Originally Posted by SBXVII

This is where your wrong. There was no negotiation with the NFLPA about keeping costs down. Heres how I know.... the NFLPA suspected the owners were colluding. The didn't have the proof but they knew the owners had agreed to something. Had the league denied the contracts the Redskins and Cowboys made the NFLPA would have had their proof of collusion and the most likely there would have been no football because we would still be waiting for both sides to be heard in court. The NFLPA would have filed in court that the league was colluding.

The league knew this. DS and JJ banked on this so their deals could get approved. The league was FORCED to approve the deals so they wouldn't get into trouble for colluding.

Then two years later the Exec Committee decides it wants to punish the two teams for not going along with the program. But they still can't issue a punishment with out showing they colluded. So they call in the NFLPA and say hey we want to punish these two teams. If you don't go along with the program then we will just lower the CAP 3-7 mill for each team. Which means you guys will lose millions across the board, $96 mill at the least and $224 mill at the most. If you go along with the program the league will keep the $$ amount where it is at now. The NFLPA could care less if 30 owners want to punish 2 to the sum of $46 mill, it's a lot less then what they would have been losing.

So why didn't the NFLPA grow a set and say this is BS. $46 mil is a lot less than what they could be losing this year, but what about the unknown # of $$$ mils they likely lost during the uncapped year due to the "collusion"?

[CRedskinsRule]

Originally Posted by Chief X_Phackter

So why didn't the NFLPA grow a set and say this is BS. $46 mil is a lot less than what they could be losing this year, but what about the unknown # of $$$ mils they likely lost during the uncapped year due to the "collusion"?

They had already agreed to set aside their collusion lawsuit as part of the omnibus agreement that ended the lockout and brought in the new CBA. So unless new compelling evidence is entered they can't just moan and say BS. Plus, maybe a part of them hoped DS/JJ would go the nuclear route and give them that specific new information. As it is now, the arbitration may walk a fine line around that as is.

[skinsguy]

BTW, if anybody has the time to read over the 2006 CBA, here is the link:

http://static.nfl.com/static/content...-2006-2012.pdf

Admittedly, I don't have time to go and read the entire thing to see where Hoopguy is getting all of his information about the 'skins and 'boys moves in 2010 being illegal, but maybe if anybody has the time, they can look through this and find it. Only thing I had time to find was the salary cap chart.

[SBXVII]

Originally Posted by Chief X_Phackter

So why didn't the NFLPA grow a set and say this is BS. $46 mil is a lot less than what they could be losing this year, but what about the unknown # of $$$ mils they likely lost during the uncapped year due to the "collusion"?

Well, I think the NFLPA heard what Goodell had to say and thought well we just went through a huge offseason of legal battles. To not agree will put us in a situation of losing money from each team in a huge total sum and the players will be pissed about that. Then there is bringing it before a legal entity which would make the current CBA void because of a collusion claim and another bad offseason of court filings and agreements to be made along with court. Easier to just look the other way as long as they don't lose money. Although I feel their hand was forced... "take this or we are going to cost you money by doing that." < that alone has to have some legal ramifications but in any legal issue you have to have a victim. If the NFLPA or players themselves don't want to complain then there is no victim.

Which is why I also think DS and JJ added the NFLPA in their complaint so the Arbiture can look to see if the NFLPA might have been forced to agree to something.

[SBXVII]

Originally Posted by HoopheadVII

No doubt. The process of this is an absolute mess.

As far as not disapproving within 10 days, I'm guessing the Commissioner read the contracts, saw what they were doing, but wasn't going to take action. Then, he got complaints from a bunch of owners later and had to act. It's not a case of not reading what was in the contracts.

Ok so lets say right now the league makes a deal with Garcon, what happens? it doesn't get looked at for 2 yrs? Goodell just rubber stamps the contracts cause he assumes they are done correctly? No, you and I both know thats not true. All contracts get sent to the league for review and approval. Probably before both sides sign it because it's legal and binding.

Why have a review process if no one is looking at the contracts? The league had 2 yrs. Don't make it sound like the league was in constant negotiations with the NFLPA and didn't have time to review it or deny it because there were many of times where we heard through media sources both sides were taking a break from the issue's. Neither side would hear from the other for long periods of time. They had plenty of time to say something to both teams, but we all know had they denied or returned the deals to the owners and told them to rework the contracts the NFLPA would have had it's proof the league was already breaking the law and there would have been the legal battle the league was trying to avoid.

In essence they agreed to the contracts by both teams to avoid a legal battle in court over collusion. They get a new CBA signed. They make an offer to the NFLPA that make it hard for them to refuse. Then they punish the two teams 2 hrs prior to FA so the two teams can't file a grievance or get it reversed prior to FA and both team buy up the talent pool.

[SBXVII]

Originally Posted by CRedskinsRule

They had already agreed to set aside their collusion lawsuit as part of the omnibus agreement that ended the lockout and brought in the new CBA. So unless new compelling evidence is entered they can't just moan and say BS. Plus, maybe a part of them hoped DS/JJ would go the nuclear route and give them that specific new information. As it is now, the arbitration may walk a fine line around that as is.

The agreement Goodell forced the NFLPA to take was the new evidence needed for a collusion law suit.

But I do agree with you I think DS and JJ are playing a game at this point. They found a way around the rules, but not breaking them. The other owners are pissed and complain. Nothing is done until now and it's done 2 hrs to FA to hinder both teams as a form of punishment. Do I think it will be reversed? yes, but the other owners are not going to make it easy. Plus I think some teams used that CAP space for their teams. Kinda hard to give back if its been used.

Now we sit and wait. DS and JJ thought by filing the owners would get nervous and give it back, they didn't. So the closer it gets to the Arbiture stepping in and actually looking at the whole situation could the league change their mind if they don't see DS and JJ backing off? yes, then both teams would drop their Arbitration suit. Could it go to the Arbiture? yes, and he agree with the two teams and the league be forced to give it back (which I actually think will happen). Could the two teams lose in Arbitration? yes, then I'd imagine both owners would have to decide if the Arbiture looked at something specific they feel would over turn everything and if the Arbiture didn't or was not allowed to then I foresee a law suit. Which puts it back to square one.... the other owners possibly giving back the money before it goes to trial or..... DS and JJ either not going the legal battle or calling it off at the last minute and we are just Butt out.

[NYCskinfan82]

But wasn't there a CAP floor aswell so why weren't TEAMS penalized for that aswell.

[CRedskinsRule]

I didn't see this posted, but this is imo a well balanced piece by Andrew Brandt:

Cap Control | National Football Post