NFL commissioner seeks change in labor law in response to blocked players’ suspensions

NFL commissioner seeks change in labor law

WASHINGTON — Frustrated by court decisions that blocked the suspension of two football players who tested positive for banned substances, NFL commissioner Roger Goodell is asking Congress for help.

“We believe that a specific and tailored amendment to the Labor Management Relations Act is appropriate and necessary to protect collectively bargained steroid policies from attack under state law,” Goodell said in testimony prepared for a House Energy and Commerce subcommittee hearing Tuesday.

Recent court decisions “call into question the continued viability of the steroid policies of the NFL and other national sports organizations,” Goodell said. A copy of his testimony was obtained by The Associated Press.

The NFL had attempted to suspend Minnesota Vikings Pat Williams and Kevin Williams for four games, but the players sued the league in state court, arguing the league’s testing violated Minnesota laws. The case was moved to federal court, and the NFL players union filed a similar lawsuit on behalf of the Williamses and New Orleans Saints players who were also suspended.

In May, a federal judge dismissed the union’s lawsuit and several claims in the Williamses’ case but sent two claims involving Minnesota workplace laws back to state court. A judge there issued an injunction prohibiting the NFL from suspending the players and has scheduled the trial for March 8. In September, a federal appeals court panel agreed with those decisions, essentially allowing the Williamses, who are not related, to continue playing while the case proceeds in state court.

http://blog.taragana.com/n/nfl-commissioner-seeks-change-in-labor-law-in-response-to-blocked-players-suspensions-215878/

what garbage they are trying now..the RULE is all players 100% responsbile for ANYTHIGN in body.. it wasn't up to the NFL to warn them of everything..

Frankly, the fundamental failure of that doctor to ensure immediate disclosure of the fact that StarCaps included bumetanide violated his paramount duty as a doctor — to protect patients, in this case, our players,” Smith said in his prepared testimony, also obtained by The AP. Smith called for changes to the league-union steroid policy that would mandate the NFL notify players when it learns that a product contains a banned substance.

dbears54:

what garbage they are trying now..the RULE is all players 100% responsbile for ANYTHIGN in body.. it wasn't up to the NFL to warn them of everything..

Frankly, the fundamental failure of that doctor to ensure immediate disclosure of the fact that StarCaps included bumetanide violated his paramount duty as a doctor — to protect patients, in this case, our players,” Smith said in his prepared testimony, also obtained by The AP. Smith called for changes to the league-union steroid policy that would mandate the NFL notify players when it learns that a product contains a banned substance.

I actually understand and get this part of the player's argument.  the problem I have with it is that it is not what the state law is there to prevent/regulate.

If, In fact, the players feel wronged, there is a system for that.  They tried that system  and it got thrown out.  Now, they are using some obscure Minn law to skirt the system.  If my memory of time lines are correct, this approach by the players legal representation did not even surface until long after the whole issue began.

it is clearly the case of some real smart (or at least hard working) interns finding a statute that would protect their clients, If the players would hav ecome out from the very beginning and said "this is against my rights as a Minnesota resident" than I might be able to let it go.

But, clearly, their argument is about the non-disclosure of info(which is debatable), even though there were no provisions in the CBA stating that the NFL had to disclose info.

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"Change is Good, Except when it is Bad"

They shouldn't allow them to play pending a verdict.  That would make them stop dragging their feet with all these lawsuits.  It's unbelieveable that they don't own up to their own actions and face the consequences.  Instead they make it the NFL's fault for TESTING THEM!  This my friends is ridiculous.

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'Peace if Possible; Truth at ALL COSTS'

See Vikings fans?  Even the NFL Commish can't stand your team.  DOOMED!

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The Bears will be Superbowl Contenders in 2009. Mark my words.--me 01-14-09

Damn, was I wrong.--me 11-09-09

Ladies and Gentlemen, Jay Cutler.

I hope they get suspended just in time for the playoffs.  That would be justice

bubbashucker:

dbears54:

what garbage they are trying now..the RULE is all players 100% responsbile for ANYTHIGN in body.. it wasn't up to the NFL to warn them of everything..

Frankly, the fundamental failure of that doctor to ensure immediate disclosure of the fact that StarCaps included bumetanide violated his paramount duty as a doctor — to protect patients, in this case, our players,” Smith said in his prepared testimony, also obtained by The AP. Smith called for changes to the league-union steroid policy that would mandate the NFL notify players when it learns that a product contains a banned substance.

I actually understand and get this part of the player's argument.  the problem I have with it is that it is not what the state law is there to prevent/regulate.

If, In fact, the players feel wronged, there is a system for that.  They tried that system  and it got thrown out.  Now, they are using some obscure Minn law to skirt the system.  If my memory of time lines are correct, this approach by the players legal representation did not even surface until long after the whole issue began.

it is clearly the case of some real smart (or at least hard working) interns finding a statute that would protect their clients, If the players would hav ecome out from the very beginning and said "this is against my rights as a Minnesota resident" than I might be able to let it go.

But, clearly, their argument is about the non-disclosure of info(which is debatable), even though there were no provisions in the CBA stating that the NFL had to disclose info.

and that's the point, otehrs caught up did the time, whether agree with itor not.. you SIGNED the contract agreeing to ABDIDE BY ALL TRMS ABOVE.. so you have a binding contract.. not a obsure minny law.. so hope congress does allow a law for national sports organizations to be execpt and then what woudl be funny is the willams wall OUT for a december run

I hate the Vikings. Couldn't the bears get some wierd judge from Chicago to make some new rule. Nobody with 3 DUIs is allowed to play pro sports in IL. Then when the queens came here they could leave there redneck with the stupid mullet back home.

I dont think the NFL would be working there tail off if they thought these guys wern't cheaters. If they thought they made a honest mistake the NFL probably would have left it alone a while ago now. But its pretty obvious these guys are cheaters. Look at Pat Williams. He wasn't a pro bowler when he was 23-33. But now all of a sudden he hits 35 and he's the best run stuffer in the NFL and going to pro bowls.

I cant wait till the Vikes choke later in the year. Im going to laugh at them.

Good luck to Goodell. What happened was a travesty.

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ROLL ON THUNDER
SHINE ON LIGHTNING
THE DAYS ARE LONG
AND THE NIGHTS ARE FRIGHTENING
NOTHING MATTERS ANYWAY
AND THAT'S THE HELL OF IT

I was at the grocery store buying eight apples, and the clerk asked me if I would like a bag. And I said, "No, man, I juggle! But I can only juggle eight. If I'm ever here buying nine apples, bag 'em up!"

chitowndabears07:

I hate the Vikings. Couldn't the bears get some wierd judge from Chicago to make some new rule. Nobody with 3 DUIs is allowed to play pro sports in IL. Then when the queens came here they could leave there redneck with the stupid mullet back home.

I dont think the NFL would be working there tail off if they thought these guys wern't cheaters. If they thought they made a honest mistake the NFL probably would have left it alone a while ago now. But its pretty obvious these guys are cheaters. Look at Pat Williams. He wasn't a pro bowler when he was 23-33. But now all of a sudden he hits 35 and he's the best run stuffer in the NFL and going to pro bowls.

I cant wait till the Vikes choke later in the year. Im going to laugh at them.

What I have been waiting for is some local ordinance that prohibits out of state players with pending suspensions from being employed in Cook County, which would mean the Williams' boys would be banned from Soldier Field.  I liken it to when baseball, basketball or hockey players were prevented from going into Canada when their teams played there because of VISA issues.

BearFan40:

chitowndabears07:

I hate the Vikings. Couldn't the bears get some wierd judge from Chicago to make some new rule. Nobody with 3 DUIs is allowed to play pro sports in IL. Then when the queens came here they could leave there redneck with the stupid mullet back home.

I dont think the NFL would be working there tail off if they thought these guys wern't cheaters. If they thought they made a honest mistake the NFL probably would have left it alone a while ago now. But its pretty obvious these guys are cheaters. Look at Pat Williams. He wasn't a pro bowler when he was 23-33. But now all of a sudden he hits 35 and he's the best run stuffer in the NFL and going to pro bowls.

I cant wait till the Vikes choke later in the year. Im going to laugh at them.

What I have been waiting for is some local ordinance that prohibits out of state players with pending suspensions from being employed in Cook County, which would mean the Williams' boys would be banned from Soldier Field.  I liken it to when baseball, basketball or hockey players were prevented from going into Canada when their teams played there because of VISA issues.

That is why the NFL and other leagues SO SHCOKED when the judge upheld it for a later date.. it makes NO SENSE to let some local hick laws overide a national collectively bargained agreement that each player signs.. really opens a pndora's box of crap

dbears54:

BearFan40:

chitowndabears07:

I hate the Vikings. Couldn't the bears get some wierd judge from Chicago to make some new rule. Nobody with 3 DUIs is allowed to play pro sports in IL. Then when the queens came here they could leave there redneck with the stupid mullet back home.

I dont think the NFL would be working there tail off if they thought these guys wern't cheaters. If they thought they made a honest mistake the NFL probably would have left it alone a while ago now. But its pretty obvious these guys are cheaters. Look at Pat Williams. He wasn't a pro bowler when he was 23-33. But now all of a sudden he hits 35 and he's the best run stuffer in the NFL and going to pro bowls.

I cant wait till the Vikes choke later in the year. Im going to laugh at them.

What I have been waiting for is some local ordinance that prohibits out of state players with pending suspensions from being employed in Cook County, which would mean the Williams' boys would be banned from Soldier Field.  I liken it to when baseball, basketball or hockey players were prevented from going into Canada when their teams played there because of VISA issues.

That is why the NFL and other leagues SO SHCOKED when the judge upheld it for a later date.. it makes NO SENSE to let some local hick laws overide a national collectively bargained agreement that each player signs.. really opens a pndora's box of crap

This is the city that works.  I am sure that if Da Mayor were as big a Bears fan as he is a White Sox fan, this would have been taken care of last year by the city counsel.

Travis (Minneapolis)
What are the chances that these Congressional hearings on the StarCaps cases could result in the suspensions going into effect this year?

Kevin Seifert (2:07 PM)
I guess it depends on how fast bureaucracy can work. The NFL wants Congress to pass a law that basically allows federal rules to trump state rules on drug testing. Could Congress hold hearings, write the law and get it passed before the end of the season? I don't know.
That answer set off a pretty lively discussion by chat standards, about whether Minnesota defensive tackles Kevin Williams and Pat Williams would fall under, or be exempt from, any law Congress might pass that closes the legal loophole they’re currently utilizing.

A few of you cited the legal notion of ex post facto, which basically means that U.S. citizens can’t be subject to retroactive laws. If something is legal when you do it, you can’t later be charged with a crime if the act is made illegal afterward.

But I contend this is a different situation. Neither player is contesting the facts of what happened. They admit they ingested bumetanide through StarCaps weight loss supplements. The crux of their legal case is whether or not Minnesota state laws for drug testing should apply. Could that question be subject to a “retroactive” law?

I reached out to both the NFL and some regular readers who are also attorneys. The short answer is that it’s almost a moot point for the 2009 season.

Subcommittee chairman Bobby Rush, D-Ill., said a law to close the state loophole should be a “last resort.” But even if Congress put a law on the fast track and passed it before the end of the NFL season, it seems likely that the players’ attorneys would challenge it in court. That act alone would almost certainly push this hypothetical timetable past the end of this season.

So could an act of Congress ever cement the Williams’ suspensions? Greg Aiello, the NFL’s senior vice president of public relations, said via e-mail: “There is no way to answer the question right now. It might depend on what the law says.”

Andrew Stead, a longtime reader and attorney, noted that “this situation differs from passing a law that retroactively limits actions, as opposed to a law that determines jurisdiction.”

But in terms of this season, I don’t think we’ll see any Congressional act impact Minnesota’s 2009 season. As attorney Adam Kaminsky wrote in an e-mail, “passing a broad law that infringes on a state’s jurisdiction over employment law would lead to prolonged appeals.”

The second point was easier to resolve. I asked for some help in identifying the “Geographic Marker” on Wisconsin Rte. 29, about 15 minutes east of Wausau. I’ve made the drive to and from Green Bay probably 10 times but never noticed it before.

Multiple readers were quick to point out what the marker stands for, and it’s actually pretty interesting. From the Marathon County, Wis, Web site:

“[T]he Rietbrock Geographical Marker locates the exact center of the northern half of the Western Hemisphere. It is here that the 90th Meridian of Longitude bisects the 45th Parallel of Latitude, meaning it is exactly halfway between the North Pole and the Equator, and is a quarter of the way around the earth from Greenwich, England.”

Score another point for the NFC North!

http://espn.go.com/blog/nfcnorth