StarCaps Case Could Be A Factor In NFL collective bargaining talks

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StarCaps Case Could Be A Factor In Labor Talks
SportingNews.com
So the union will push to export the entire disciplinary system to an independent and neutral arbitrator. If successful, commissioner Roger Goodell no longer would have final say over fines and/or suspensions imposed under the personal conduct policy, the substance abuse policy or the policy regarding anabolic steroids and related substances.

The ongoing StarCaps litigation might give the union some extra leverage.

NFL officials say the collective bargaining agreement supersedes any state laws that might give the players additional rights regarding drug testing. The NFL's position on this point, however, is in jeopardy.

In May, a federal judge ruled the CBA does not trump two applicable Minnesota statutes, sending the case back to state court for resolution. On Thursday, a state court judge blocked the NFL from suspending Vikings defensive tackles Kevin Williams and Pat Williams until the case is fully resolved.

At some point, that same judge might find the suspensions never can be imposed.

Even if the NFL eventually prevails in the legal process (as it usually does), the situation could have been avoided if the steroids and substance abuse policies had included a clear and plain waiver of individual player rights under the Minnesota statutes.

As a result, the league undoubtedly will seek to identify all other potential state statutes that might undermine the CBA, and the league will seek to include language in both the steroids policy and the substance abuse policy ensuring that, moving forward, any rights under state drug testing statutes potentially undermining the terms of the league's policies will be waived.

And so the union's response likely will be, "Fine. We'll agree to do that as long as all fines and suspensions will be subject to arbitration." ...

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