05-23-2012, 03:53 PM
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#60
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MVP
OVR: 33
Join Date: Apr 2010
Location: Las Vegas, NV
Posts: 19,579
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Re: NFL takes cap space from Redskins and Cowboys
Yeah, that doesn't appear to be going anywhere. It's even IN THE CBA that they NFLPA can't sue for collusion... and also approved the cap penalties against the Redskins and Cowboys.
best part of via PFT's breakdown: http://profootballtalk.nbcsports.com...tined-to-fail/
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Regardless of what the NFLPA knew or should have known before finalizing the current CBA and related legal documents, the paperwork seems to slam the door on any collusion claims relating to conduct in 2010. As the CBA state at Article 3, Section 3(a) plainly states: “The NFLPA on behalf of itself, its members, and their respective heirs, executors, administrators, representatives, agents, successors and assigns, releases and covenants not to sue, or to support financially or administratively, or voluntarily provide testimony of any kind, including by declaration or affidavit in, any suit or proceeding (including any Special Master proceeding brought pursuant to the White SSA and/or the Prior Agreement) against the NFL or any NFL Club or any NFL Affiliate with respect to any antitrust or other claim asserted in White v. NFL or Brady v. NFL, including, without limitation . . . collusion with respect to any League Year prior to 2011.”
Even if the 2011 CBA didn’t slam the door on a collusion claim arising from the uncapped year of 2010, the amendment to the CBA that resulted in the league and the NFLPA agreeing to the imposition of cap penalties on the Redskins and Cowboys in exchange for an increase in the salary cap operates, in essence, as a ratification of the release of collusion claims. Indeed, the NFLPA should have realized, the moment the NFL asked the union to agree to take $46 million in cap space from the Redskins and Cowboys for treating the term “uncapped year” too literally, that the Redskins and Cowboys were being punished for refusing to collude. By signing off on the cap penalties, the NFLPA reaffirmed its waiver of the collusion claims, since the mere request to strip cap space from the teams in question proved that collusion indeed occurred.
So why did the NFLPA go along with the cap penalties? Because the NFL agreed to tinker with the salary cap formula in order to push the per-team limit higher in 2012 than it was in 2011. If the salary cap had dropped during the first year of the new CBA, there’s a good chance that the contract of NFLPA executive director DeMaurice Smith wouldn’t have been renewed at annual meetings that began only a week or two after the new cap numbers were disclosed.
Thus, at first blush it appears that the NFLPA is trying to have it both ways. |
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