Nat'l Football League Players Ass'n v. Nat'l Football League, Civil No. 14–4990DSD/JSM.
| Decision Date | 26 February 2015 |
| Docket Number | Civil No. 14–4990DSD/JSM. |
| Parties | NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, on its own behalf and on behalf of Adrian Peterson, Petitioner, v. NATIONAL FOOTBALL LEAGUE and National Football League Management Council, Respondents. |
| Court | U.S. District Court — District of Minnesota |
Jeffrey L. Kessler, Esq., David L. Greenspan, Esq. and Winston and Strawn LLP, New York, NY, and Barbara P. Berens, Esq. and Berens & Miller, PA, Minneapolis, MN, for petitioner.
Daniel L. Nash, Esq., Marla S. Axelrod, Esq. and Aikin Gump, Washington, D.C., and Joseph G. Schmitt, Esq. and Peter D. Gray, Esq. and Nilan, Johnson, Lewis PA, Minneapolis, MN, for respondents.
This matter is before the court upon the petition to vacate arbitration award by petitioner National Football League Players Association (NFLPA), on its own behalf and on behalf of Adrian Peterson. Respondents are the National Football League and the National Football League Management Council (collectively, NFL). Based on a review of the file, record, and proceedings herein, and for the following reasons, the court grants the petition.
This arbitration dispute arises out of the discipline imposed by NFL Commissioner Roger Goodell on Minnesota Vikings running back Adrian Peterson following Peterson's corporal punishment of his son in May 2014.
The parties' relationship is governed by the Collective Bargaining Agreement signed on August 4, 2011(CBA). NFLPA Ex. 1. Relevant here, Article 46 of the CBA authorizes the Commissioner to impose discipline on NFL players for “conduct detrimental to the integrity of, or public confidence in, the game.” See id. § 1(a). Article 46 allows a player to appeal the Commissioner's disciplinary decision to a hearing officer appointed by the Commissioner. See id. § 2(a). The Standard NFL Player Contract, which is part of the CBA, further provides that on a finding of conduct detrimental to the league, the Commissioner “will have the right, but only after giving Player the opportunity for a hearing ... to fine Player in a reasonable amount; to suspend Player for a period certain or indefinitely; and/or to terminate this contract.” Id. Ex. 1A ¶ 15. The NFL's Personal Conduct Policy (Policy), which is revised periodically, sets forth what constitutes conduct detrimental to the league and what discipline may follow. See id. Ex. 2.
The Policy in place during the underlying incident provided that the NFL may impose discipline when the player has committed a criminal offense, including domestic violence. Id. at 1. Consistent with the Player Contract, the Policy also stated that discipline may include fines, suspension, or banishment from the league. Id. at 2. The Policy did not set forth the presumed length of suspension for particular types of conduct, but noted that the disciplinary response “will be based on the nature of the incident, the actual or threatened risk to the participant and others, any prior or additional misconduct (whether or not criminal charges were filed), and other relevant factors.” Id.
On August 28, 2014, in response to a well-publicized domestic violence incident involving Baltimore Ravens running back Ray Rice, the Commissioner issued an enhanced Personal Conduct Policy (New Policy), increasing the sanctions for domestic violence and sexual assault incidents.1 Id. Ex. 3. Specifically, the New Policy announced a “suspension without pay of six games for a first offense, with consideration given to mitigating factors, as well as a longer suspension when circumstances warrant.” Id. at 3; see also id. Ex. 4. It is undisputed that under the previous Policy, first-time domestic violence offenders faced a likely maximum suspension of two games. See id. Ex. 35, at 181:5–24, 368:5–13; Ex. 119, at 5 & n. 4.
On September 11, 2014, a Montgomery County, Texas grand jury indicted Peterson on a charge of felony reckless or negligent injury of a child, as a result of the May 2014 incident involving his son. After learning of the indictment, the Vikings deactivated Peterson for the next game on September 14. On September 18, the NFLPA, on behalf of Peterson, and the NFL agreed in writing to place Peterson on the Commissioner's Exempt List with full pay “until the criminal charges ... are adjudicated.” Schmitt Decl. Ex. B, at 1 (Letter Agreement). The Letter Agreement further stated that “[n]o discipline will be processed or imposed against [Peterson], by the Club or the League, until after the pending criminal charges are adjudicated.” Id.
On November 4, Peterson pleaded nolo contendere to a reduced misdemeanor charge of reckless assault. NFLPA Ex. 30, at 2. The court issued a deferred adjudication order and placed Peterson on community supervision for two years, at the conclusion of which the charge may be removed from his record. See id. Two days later, the NFL acknowledged Peterson's plea and advised him that the “matter warrants review for potential disciplinary action under the Personal Conduct Policy.” Id. Ex. 5, at 1. The NFL requested that Peterson provide certain information regarding the criminal case and notified him that he would have the opportunity to participate in a hearing before the Commissioner imposed any discipline. Id. The NFL also informed Peterson that he would remain on the Exempt List in the interim. Id. at 2.
On November 11, the NFL notified Peterson that he was expected to attend a hearing on November 14 at the NFL's offices in New York. Id. Ex. 6. The NFLPA responded on Peterson's behalf with several questions regarding the agenda and process for the proposed hearing. See id. Ex. 7. The NFL answered that Peterson would be permitted to present “any information or evidence in support of his position” and that the NFL would determine the appropriate discipline, if any, under “the policies.” Id. Ex. 10. The NFL further explained that it had invited “some outside people” to the hearing to “broaden [the NFL's] perspective” but did not indicate what role those individuals would play. Id. Among those invited were Lisa Friel, a former prosecutor, and Dr. April Kuchuk, a consultant on child welfare and family violence. Id.
The NFLPA then asked to reschedule the hearing to early the following week to accommodate Peterson's and his representatives' schedules. Id. Ex. 12, at 1, 3. The NFLPA also complained that holding a formal hearing violated the parties' “long-standing custom and practice regarding such meetings as a part of the process for possible discipline pursuant to Article 46 [of the CBA].” Id. at 2. Concerned with the proposal to include outside people, the NFLPA requested further clarification about the role of each attendee. Id. The NFLPA nevertheless agreed to have Peterson, his contract advisor, and NFLPA attorneys attend a meeting with the Commissioner and NFL lawyers. Id.
On November 17, not having received a response from the NFL, the NFLPA inquired as to the status of the proceedings and offered November 19 as a possible meeting date. Id. Ex. 15. The NFL responded that Peterson “elected not to attend or participate as requested, leaving the league to move forward with the consideration of discipline based on the information available.” Id. Ex. 16. The next day, the NFLPA notified the NFL that Peterson would submit his position to the Commissioner in writing. Id. Ex. 17. The NFL did not give him the chance to do so.
In a letter dated November 18, the Commissioner informed Peterson that his May 2014 conduct was detrimental to the league and noted, without specificity, that Peterson had engaged in similar conduct in the past and appeared inclined to repeat the behavior in the future. Id. Ex. 18, at 2. The Commissioner then applied the New Policy to Peterson:
The modifications of the Personal Conduct Policy that were announced on August 28 establish a baseline discipline of a suspension without pay for six games for certain offenses, including a first offense of assault, battery, or domestic violence. That announcement also identified several aggravating circumstances that would warrant higher levels of discipline. A number of those circumstances are present here[.]
Id. The Commissioner suspended Peterson without pay for “at least the remainder of the 2014 season,” fined him six weeks' pay, inclusive of any amounts forfeited during the suspension, and ordered him to participate in a counseling and treatment program, the results of which would dictate when and if Peterson would be permitted to return to the league. Id. at 3.
The Commissioner specifically directed Peterson to participate in counseling supervised by NFL designee Dr. Kuchuk, rather than Peterson's chosen therapist. Id. at 2–3. The Commissioner indicated that he would review Peterson's progress periodically, beginning on April 15, 2015. Id. at 4. He warned that a “failure to cooperate and follow your plan will result in a lengthier suspension without pay.” Id. Finally, the Commissioner advised Peterson that he would remain on the Exempt List with pay pending any appeal. Id. At that point, Peterson had been on the Exempt List for nine weeks, missing eight games. Id. at 1.
The NFLPA immediately appealed the discipline, triggering the procedure set forth in Article 46 of the CBA. See id. Ex. 20. The NFLPA specifically challenged the application of the New Policy to conduct occurring before its implementation, as well as the Commissioner's “new and obfuscated disciplinary process,” which prevented Peterson from participating in pre-disciplinary discussions in violation of his “industrial due process rights.” Id. at 4. The NFLPA requested that the Commissioner recuse himself from hearing the appeal and that he appoint a neutral arbitrator. Id. at 5. The NFL responded by setting the arbitration for December 2 and appointing Harold Henderson as the Commissioner's designated hearing officer. Id. Ex. 21.
The NFLPA...
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