RSS

Surprising Vikings Victory

The decision by a Minnesota judge to grant a temporary restraining order – at least for the moment – blocking the suspensions of Pat and Kevin Williams of the Vikings is nothing short of stunning, even if it goes no further than this. Andrew Brandt

Bookmark and Share Print This Send This December 04, 2008, 10:26 AM EST
14 Comments

The decision by a Minnesota judge to grant a temporary restraining order – at least for the moment – blocking the suspensions of Pat and Kevin Williams of the Vikings is nothing short of stunning, even if it goes no further than this.

The NFL has its policies, the disposition of which have started and ended with the league.  With discipline involving the Personal Conduct Policy, the Policy for Drugs of Abuse and Alcohol and the Policy for Anabolic Steroids and Related Substances, punishments are handed down and appealed through the Commissioner’s office and no one else.  Until now, there has not been interference in this process.

But with Wednesday’s decision, a judge has wedged himself in the middle of this formerly internal process and, at least for the moment, sided with the players in this case.  Now, the NFL’s in-house and outside counsel teams are in full mobilization to prevent this from happening.  The predictable response from the league is: "There is no merit to this lawsuit and we will promptly seek to have the order reversed" as per their statement.

Of course, to the NFL, this is a lot bigger than Pat Williams and Kevin Williams (and that is big).  This is about every single player in the league now and in the future.  If a player can go through an appeal process with the league and be disciplined at the end of that process and now have that decision reversed by an outside tribunal, there exists the possibility of anarchy.  The magnitude of the judge taking on this case cannot be overestimated.  In the event this judge, or any judge, is able to act – and he has already acted in a preliminary way – no decision by the NFL regarding discipline for violation of its policies is final. And the internal process that has heretofore been the staple of the discipline programs will be immediately emasculated.

Restraints on players – the draft, free agency limits, salary caps, drug testing, etc. – are protected under antitrust law due to the labor exemption for collective bargaining.  In other words, courts are not going to get involved with agreements made in good faith between unions and management, even though some parts of the agreement may look onerous.  The fact is, there is assumed to be give and take, and the restraints are part of the overall agreement.

The Substance Abuse policies are in the Collective Bargaining Agreement, in Article XLIV, Section 6.  They were collectively bargained between the NFLPA and the NFL.  Now a third party has astonishingly become involved.

Now there is more to come, with the NFLPA about to have its say in federal court about the suspensions as well.  With Plaxico Burress and his criminal case dominating headlines earlier – and a grievance to come from the NFLPA on his behalf as well -- this has been a tough week for America’s most popular sports league.

This StarCaps case is compelling, not just for the Williamses, but for all present and future NFL players.

Comments

Add a Comment
Jer
Dec 04, 2008
10:46 AM

What does this say for personal conduct policies in my workplace?

dan
Dec 04, 2008
11:06 AM

Thanks Andrew, I wondered what you'd think about this story as soon as I saw it. ...and that's what I thought you'd say.

The NFL is a private business. It has internal rules by which it governs itself. What in the world does this have to do with any level of the U.S. government?

I thought the same thing with Specter and Spygate. What does a Senator care about who breaks or doesn't break an NFL rule about videotaping?

If anything, the FDA could go after StarCaps for not labeling their product correctly, but that's it. ...and, even there, I don't think masking agents are against the law. Nor are they particularly harmful, from what I'd understand. So, we'd be talking about a fine here (until the NFL players take them to civil court to get back the wages that they lost, but that's a whole different story).

I can't even imagine what this judge thinks he's doing. Does he see it as a fair labor practice issue? If so, then the policy was clearly announced. It was applied through the proper process. These players weren't "singled out." The policy makes perfect sense, since the NFL's "product" is an athletic contest, and therefore they have the right - and the need - to protect the integrity of the game. So, is the judge saying that the NFL shouldn't be so strict about guarding against steroid use? What else could it be?

I'm shaking my head here.

Ryan Glasspiegel
Dec 04, 2008
11:08 AM

It is similar to the Travis Henry situation though, no?

Koition
Dec 04, 2008
11:16 AM

Suprise, suprise... A "Minnesota" judge is siding with the players from a "Minnesota" franchise... hmmm...

A fan, or season ticket holder worried that without the Williams, the Vikings don't make the playoffs...!?

Interesting...

Da Coach
Dec 04, 2008
11:20 AM

Are you telling me that they will be able to play this weekend against Detroit?

This "Viking" judge is killing my playoff hopes for my Bears

London_Ben
Dec 04, 2008
11:44 AM

The "Viking" judge is also killing Detroit's best chance of avoiding the ignominy of an 0-16 season!

Ryan B.
Dec 04, 2008
12:03 PM

What hell is going on out here? Why is the government so involved in sports these days? When baseball did nothing about its problem, the government took over. Now when the NFL tries to mend its own issues, the government says "Not so fast!" (or, at least a MN judge did) Isn't the NFL moving in the right direction on its own, they way it should be?

It's starting to feel less and less sacred, our wonderful sport of football. It seems Goodell is trying to keep that sacredness in the game, and I commend him for it. But this is becoming a joke. Isn't what these players are doing now crossing the line of the rights they and their union have ever earned? I feel like they are taking advantage of the league.

It's very possible I'm way off here, as I tend to get a little emotional. But I do love this game, and I'm tired of this garbage.

TL
Dec 04, 2008
12:15 PM

Obviously, these stories of over-worked judges and court backups are way over stated if a Federal Judge had the time to put this on the docket so quick. I guess we can reduce the federal deficit by eliminating some federal judges right now!

Robert F
Dec 04, 2008
12:15 PM

When the government got involed in the rules of golf, allowing that guy to use a cart, I felt they have no business in pro sports. But as a Viking fan, I see this as a good thing.

LL live from Scott Pioli's War Room
Dec 04, 2008
12:17 PM

The NFL left themselves open to this...I think this was poorly handled...I see the NFL's viewpoint (including written requirements such as diuretics should not be used to meet weight clauses, the player is ultimately responsible for what they ingest, etc.) but once the the Dr. admitted he knew but didn't tell, the NFL's credibility was shot on this one. Maybe in the worst case the players didn't even take starcaps and knew blaming it on starcaps was an out. But the NFL left that door open. When the Dr. running the program is not forthcoming and leaves potential traps out there for players he looks unethical, at least from the outside. When an organization is both judge and jury, they must err on the side of fairness for the player. The Dr's behavior torpedoes fairness. The NFLPA was foolish if not negligent for allowing this set-up. The Commissioner should have figured out a graceful exit strategy for all parties. He had the power to quietly fix it going forward and he blew it. No matter the outcome, the NFL loses. The more he lets this drag on, the deeper the hole. The players need to learn from this and the increasingly arbitrary fines handed down this year, and hire a real bastard that can blow a hole wide open in this and get their leverage back and protect thier rights going forward. And I am anti-union and hate guys like Donald Fehr. Mike talked about the hubris of first time coaches. How about the hubris of first year Commissioners. Goodell just blew it.

fiddy cent beer
Dec 04, 2008
12:43 PM

Agree with the sentiment foound above in Pioli's War Room.

If the League knew Starcaps had a bad ingredient but did not apprise the players, Union etal, then it could be said they failed good faith. If the MINN ruling is founded on that narrow basis (dunno), then the Commissioner's Office (CO) gets a slap, but the tacit restraints Andrew speaks of wrt collective bargaining could remain untouched, otherwise.

Another way of expressing that: the CO could be said to have acted in a high-handed manner (here and wrt to, say, suspending the Koren Robinsons of the show w/o due process). Doing so, unchecked to date, they someday may find their League's anti-trust exemption in the jackpot.

Scott M.
Dec 04, 2008
12:57 PM

Andrew - curious about something. Read the online bio for the judge for this case and it mentions being a season ticket holder for the Gophers football team. Should a known football fan really be allowed to preside over a football case? Granted it's college ball but wouldn't there be some potential conflict of interest here? I know I'd be biased as all heck if I were to be a judge in a football case, as would most fans.

Next 1 - 12 of 14 Prev COMMENTS

Add a Comment

* Required - Keep track of your comments Login or Register with NFP
(will not be published)