If it were up to Tom Brady, Deflategate, despite already lingering for 491 days, would be far from over.
Brady, the NFL Players’ Association and their team of lawyers — Jeffrey Kessler, David Greenspan, Steffen Johnson, Theodore Olson, Andrew Tulumello and Thomas Dupree — will file a petition “en banc” to the second circuit Monday to overturn the latest Deflategate ruling, which reinstated the New England Patriots quarterback’s four-game suspension.
Brady’s legal team opened the petition, which you can read here, by writing: “This case arises from an arbitration ruling by NFL Commissioner Roger Goodell that defies the rule of law.”
The opening statement also states “Goodell’s self-affirming ‘appeal’ ruling must be reversed. Even though his arbitral authority was limited to hearing appeals of disciplinary decisions, Goodell ‘affirmed’ Brady’s punishment based on different grounds that were not the basis for his original disciplinary decision. Nor did Goodell mention or discuss the collectively bargained penalties for equipment-related violations — the core of Brady’s defense. A divided panel of this Court nonetheless affirmed in a decision that repudiates long-standing labor law principles and that, if undisturbed, will fuel unpredictability in labor arbitrations everywhere and make labor arbitration increasingly arbitrary and undesirable for employers and employees alike.”
Here are the reasons Brady’s legal team listed for granting rehearing:
I. The Panel Opinion Conflicts With Stolt-Nielsen And Bedrock Principles Of Labor Law By Approving An Award That Exceeded The CBA’s Grant Of “Appellate” Authority Over Disciplinary Decisions.
II. The Panel Opinion Conflicts With Boise Cascade And Other Decisions Holding That Vacatur Is Warranted Where An Arbitrator Fails To Address Critical Provisions In The CBA.
Brady’s legal team concluded the petition by writing: “The panel decision stands in stark conflict with fundamental rules of labor law and undermines the rights of union members and employers alike. This Court should grant rehearing.”
Thumbnail photo via Mark L. Baer/USA TODAY Sports Images
