CBA Complete
As Amended January 8, 2002
Introduction
Preamble
Article I Definitions
Article II Governing Agreement
Article III Scope of Agreement
Article IV No Strike/Lockout/Suit
Article V Union Security
Article VI NFLPA Agent Certification
Article VII Player Security
Article VIII Club Discipline
Article IX Non-Injury Grievance
Article X Injury Grievance
Article XI Commissioner Discipline
Article XII Injury Protection
Article XIII Committees
Article XIV NFL Player Contract
Article XV Option Clause
Article XVI College Draft
Article XVII Entering Player Pool
Article XVIII Veterans with less than 3
accrued seasons
Article XIX Veteran Free Agency
Article XX Franchise and Transition
Players
Article XXI Final Eight Plan
Article XXII Waiver System
Article XXIII Termination Pay
Article XXIV Guaranteed League-wide
Salary,
Salary Cap & minimum Team
Salary
Article XXV Enforcement of the Salary
Cap and
entering Player Pool
Article XXVI Special Master
Article XXVII Impartial Arbitrator
Article XXVIII Anti-Collusion
Article XXIX Certifications
Article XXX Consultation and
information sharing
Article XXXI Expansion
Article XXXII Other Provisions
Article XXXIII Squad size
Article XXXIV Practice Squads
Article XXXV Off-season workouts
Article XXXVI Minicamps
Article XXXVII Pre-season training
camps
Article XXXVIII Salaries
Article XXXVII-A Minimum Salary Benefit
Article XXXVIII-B Performance-Based Pool
Article XXXIX Meal allowance
Article XL Days off
Article XLI Moving and travel expenses
Article XLII Post-season pay
Article XLIII Pro Bowl game
Article XLIV Players’ rights to
medical care & treatment
Article XLV Access to personnel &
medical records
Article XLVI Player Benefit costs
Article XLVII Retirement Plan
Article XLVIII Second career savings
plan
Article XLVIII-A Player annuity
program
Article XLIX Group insurance
Article L Severance pay
Article LI Supplemental disability
benefits
Article LII Benefit Arbitrator
Article LIII Retention of benefits
Article LIV Workers’ Compensation
Article LV Miscellaneous
Article LVI Final league year
Article LVII Mutual reservation of
rights:
Labor exemption
Article LVIII Duration of agreement
Article LIX Governing Law
Article LX Notices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Page 1
INTRODUCTION
On January 8, 2002, the National Football League
Management Council ("Management Council" or
"NFLMC") and the National Football League
Players Association ("NFLPA") agreed to
extend, with certain modifications, the 1993 NFL
Collective Bargaining Agreement ("CBA"), which
was previously amended June 6, 1996, February 25, 1998,
and December 4, 2000. This booklet incorporates the
1998, 2000, and 2002 amendment agreements into the text
of the CBA and omits provisions relating exclusively to
past seasons (although any such omitted terms, if
subsequently determined to be applicable, have the same
force and effect as the terms set forth herein. Any
persons with questions about provisions concerning
seasons before 2002 should refer to prior printed
versions of the CBA). The 2000 and 2002 amendment
language is set forth in italic copy with applicable
notations to the extension agreements. In addition, side
letter agreements between the NFLMC and the NFLPA
setting forth the parties' interpretation of various
provisions of the CBA are reprinted and indented within
the appropriate articles. Relevant side letters that
were agreed to after the 1998 extension are added to
this booklet, and are set forth in italics. For easy
reference, the article names can be found at the top of
each two-page set of this booklet.
Page 2-blank
Page 3
PREAMBLE
This Agreement, which is the
product of bona fide, arm's length collective
bargaining, is made and entered into on the 6th day of
May, 1993, in accordance with the provisions of the
National Labor Relations Act, as amended, by and between
the National Football League Management Council
("Management Council" or "NFLMC"),
which is recognized as the sole and exclusive bargaining
representative of present and future employer member
Clubs of the National Football League ("NFL"
or "League"), and the National Football League
Players Association ("NFLPA"), which is
recognized as the sole and exclusive bargaining
representative of present and future employee players in
the NFL in a bargaining unit described as follows:
1.
All professional football players employed by a member
club of the National Football League;
2.
All professional football players who have been
previously employed by a member club of the National
Football League who are seeking employment with an NFL
Club;
3.
All rookie players once they are selected in the current
year’s NFL College Draft; and
4.
All undrafted rookie players once they commence
negotiation with an NFL Club concerning employment as a
player.
Page 4
ARTICLE I
DEFINITIONS
As used in this Agreement, the
following terms shall have the following meanings:
Section 1. General Definitions:
(a)
"Agreement" means this Collective Bargaining
Agreement, dated May 6, 1993.
(b)
"Class Counsel" means the law firm of Weil,
Gotshal & Manges, 767 Fifth Avenue, New York, New
York 10153, and the law firm of Lindquist & Vennum,
4200 IDS Center, Minneapolis, Minnesota 55402.
(c) "Club"
or "Team" or "Member," used
interchangeably herein, means any entity that is a
member of the NFL or operates a franchise in the NFL at
any time during the term of this Agreement.
(d)
"Club Affiliate" or "Team Affiliate"
means any entity or person owned by (wholly or partly),
controlled by, affiliated with, or related to a Club or
any owner of a Club.
(e)
"Commissioner" means the Commissioner of the
NFL.
(f) "Impartial
Arbitrator" means the person authorized by this
Agreement and the Settlement Agreement to hear and
resolve specified disputes as provided in this Agreement
and the Settlement Agreement.
(g)
"League Year" means the period from February
20 of one year through and including February 19 of the
following year, or such other one year period to which
the NFL and the NFLPA may agree.
(h)
"NFL Player Contract" means the form of Player
Contract utilized in the NFL.
(i)
"NFL Rules" means the Constitution and
By-Laws, rules, and regulations of the NFL and/or the
Management Council.
(j)
"Player Affiliate" means any entity or person
owned by (wholly or partly), controlled by, affiliated
with, or related to a player.
(k)
"Salary" means any compensation of money,
property, investments, loans, or anything else of value
that a Club pays to, or is obligated to pay to, a player
or Player Affiliate, or is paid to a third party at the
request of and for the benefit of a player or Player
Affiliate, during a League Year, as calculated in
accordance with the rules set forth in Article XXIV
(Guaranteed League-wide Salary, Salary Cap & Minimum
Team Salary).
(l)
"Settlement Agreement" means the Stipulation
and Settlement Agreement, dated February 26, 1993.
(m) "Special
Master" means the special master appointed and
authorized by this Agreement and the Settlement
Agreement to hear and resolve specified disputes as
provided in this Agreement and the Settlement Agreement.
Page 5
Section 2. Free Agency Definitions:
(n)
"Accrued Season" means any playing season for
which a player received credit with respect to his
qualifications for Unrestricted Free Agency or
Restricted Free Agency, as described in Article XIX
(Veteran Free Agency).
(o)
"Compensatory Draft Selection" means an
additional Draft choice awarded to a Club as described
in Article XIX (Veteran Free Agency) and Article XX
(Franchise and Transition Players).
(p)
"Draft" or "College Draft" means the
NFL's annual draft of Rookie football players as
described in Article XVI (College Draft).
(q)
"Draft Choice Compensation" means the right of
any Club, as described in Article XIX (Veteran Free
Agency) and Article XX (Franchise and Transition
Players), to receive draft pick(s) from any other Club.
(r)
"Drafted Rookie" means a person who is
selected in the current League Year's Draft or whose
Draft rights are held, or continue to be held,
consistent with this Agreement, by an NFL Club that
selected the Rookie in a prior Draft.
(s)
"Final Eight Plan" means the rules whereby
signings of Unrestricted Free Agents are limited in
Uncapped Years for the final eight playoff Clubs, under
the limited circumstances described in Article XXI
(Final Eight Plan).
(t)
"Free Agent" means a player who is not under
contract and is free to negotiate and sign a Player
Contract with any NFL Club, without Draft Choice
Compensation or any Right of First Refusal.
(u)
"Minimum Salary" means the minimum annual
Paragraph 5 Salary which shall be paid to an NFL player
not on any Active list, and not on the Inactive list,
pursuant to this Agreement.
(v)
"Minimum Active/Inactive List Salary" means
the minimum annual Paragraph 5 Salary which shall be
paid to an NFL player on any Active list, or on the
Inactive list, pursuant to this Agreement.
(w)
"Negotiate" means, with respect to a player or
his representatives on the one hand, and an NFL Club or
its representatives on the other hand, to engage in any
written or oral communication relating to efforts to
reach agreement on employment and/or terms of employment
between such player and such Club.
(x)
"New Club" means any Club except the Prior
Club (as defined below).
(y)
"Player Contract" means a written agreement or
series of such agreements executed at or about the same
time between a person and an NFL Club pursuant to which
such person is employed by such Club as a professional
football player.
(z)
"Prior Club" means the Club that contracted
with or otherwise held the NFL playing rights for the
player for the previous NFL League Year.
(aa) "Prior Year
Salary" means the total of the Paragraph 5 Salary,
roster and reporting bonuses, pro-rata portion of
signing bonus, and other payments to a player in
compensation for the playing of professional football
for the last League Year of the player's most recently
negotiated Player Contract, except for performance
bonuses other than roster and reporting bonuses. Prior
Year Salary shall also include any unrepaid loans made,
guaranteed or collateralized by a Team or its Team
Affiliate to a player or Player Affiliate during or
after the 1993 League Year.
Page 6
(ab) "Renegotiate"
means any change in Salary or the terms under which such
Salary is earned or paid, or any change regarding the
Club's right to trade the player, during the term of a
Player Contract.
(ac)
"Required Tender" means a Player Contract
tender that a Club is required to make to a player
pursuant to this Agreement, either as a matter of right
with respect to the player, or to receive Rights of
First Refusal, Draft Choice Compensation and/or other
rights with respect to the player, as specified in this
Agreement.
(ad) "Restricted
Free Agent" means a Veteran who has three or more
Accrued Seasons and who completes performance of his
Player Contract, but who is still subject to a Right of
First Refusal and/or Draft Choice Compensation in favor
of his Prior Club.
(ae) "Right of
First Refusal" means the right of an NFL Club, as
described in Article XIX (Veteran Free Agency) and
Article XX (Franchise and Transition Players) to retain
the services of certain Veteran players by matching
offers made to those players.
(af)
"Rookie" means a person who has never signed a
Player Contract with an NFL Club.
(ag) "Undrafted
Rookie" means a Rookie who was eligible for but not
selected in a College Draft.
(ah)
"Unrestricted Free Agent" means a Veteran who
completes performance of his Player Contract, and who is
no longer subject to any exclusive negotiating rights,
Right of First Refusal, or Draft Choice Compensation in
favor of his Prior Club.
(ai)
"Veteran" means a player who has signed at
least one Player Contract with an NFL Club.
Section 3. Salary Cap Definitions:
(aj)
"Benefits" or "Player Benefit Costs"
means the specific benefits paid to players set forth in
Article XXIV (Guaranteed League-wide Salary, Salary Cap
& Minimum Team Salary).
(ak) "Capped
Year" means any League Year for which a Salary Cap
is in effect.
(al)
"Defined Gross Revenues" or "DGR"
means all of the League and Team revenues that are
included within the definition of Defined Gross
Revenues, as set forth in Article XXIV (Guaranteed
League-wide Salary, Salary Cap & Minimum Team
Salary).
(am) "Guaranteed
League-wide Salary" means the minimum amount
Page 7
that the Teams in the NFL must pay in Player Costs
during a League Year, if applicable, as set forth in
Article XXIV (Guaranteed League-wide Salary, Salary Cap
& Minimum Team Salary).
(an) "Minimum
Team Salary" means the minimum amount that each
Team must pay in Salaries during a League Year, if
applicable, as set forth in Article XXIV (Guaranteed
League-wide Salary, Salary Cap & Minimum Team
Salary), Section 5.
(ao) "Paragraph 5
Salary" means the compensation set forth in
paragraph 5 of the NFL Player Contract, or in any
amendments thereto.
(ap) "Player
Costs" means the total Salaries and Benefits
attributable to a League Year for all NFL Teams under
all of the rules set forth in Article XXIV (Guaranteed
League-wide Salary, Salary Cap & Minimum Team
Salary), but not including loans, loan guarantees,
unpaid grievances attributions, and unearned incentives.
(aq) "Projected
Benefits" means the amount of Benefits projected in
accordance with the rules set forth in Article XXIV
(Guaranteed League-wide Salary, Salary Cap & Minimum
Team Salary).
(ar)
"Projected Defined Gross Revenues" means the
amount of Defined Gross Revenues projected in accordance
with the rules set forth in Article XXIV (Guaranteed
League-wide Salary, Salary Cap & Minimum Team
Salary).
(as)
"Room" means the extent to which a Team's
then-current Team Salary is less than either the Salary
Cap or Entering Player Pool, as applicable.
(at) "Salary
Cap" means the absolute maximum amount of Salary
that each Club may pay or be obligated to pay or provide
to players or Player Affiliates, or may pay or be
obligated to pay to third parties at the request of and
for the benefit of Players or Player Affiliates, at any
time during a particular League Year, in accordance with
the rules set forth in Article XXIV (Guaranteed
League-wide Salary, Salary Cap & Minimum Team
Salary), if applicable.
(au) "Team
Salary" means the Team's aggregate Salary for
Salary Cap purposes, as calculated in accordance with
the rules set forth in Article XXIV (Guaranteed
League-wide Salary, Salary Cap & Minimum Team
Salary).
(av) "Uncapped
Year" means any League Year for which a Salary Cap
is not in effect.
Section 4.Further Definitions:
(aw) "Final League
Year" means the League Year which is scheduled
prior to its commencement to be the final League Year of
this Agreement. As of the date hereof, the Final League
Year is the 2007 League Year. The Final League Year
shall always be an Uncapped Year.
Page 8
*Extension Agreement 1/8/2002
(ax) "Final
Capped Year" means the League Year immediately
prior to the Final League Year. The Final Capped Year
shall be Capped unless the Salary Cap is removed
pursuant to Article XXIV (Guaranteed League-wide Salary,
Salary Cap & Minimum Team Salary), Section
4(b)(ii)(4).
Page 9
ARTICLE II
GOVERNING AGREEMENT
Section 1. Conflicts: The provisions of
this Agreement supersede any conflicting provisions in
the NFL Player Contract, the NFL Constitution and
Bylaws, or any other document affecting terms and
conditions of employment of NFL players, and all
players, Clubs, the NFLPA, the NFL, and the Management
Council will be bound hereby. The provisions of the
Stipulation and Settlement Agreement, as amended, in White
v. NFL, No. 4-92-906 (D. Minn.) ("Settlement
Agreement"), shall supersede any conflicting
provisions of this Agreement.
Section 2. Implementation: The NFLPA
and the Management Council will use their best efforts
to faithfully carry out the terms and conditions of this
Agreement and to see that the terms and conditions of
this Agreement are carried out in full by players and
Clubs. The NFLPA will use its best efforts to see that
the terms and conditions of all NFL Player Contracts are
carried out in full by players.
Section 3. Management Rights:
The NFL Clubs maintain and reserve the right to manage
and direct their operations in any manner whatsoever,
except as specifically limited by the provisions of this
Agreement and the Settlement Agreement.
Section 4. Rounding: For the
purposes of any amounts to be calculated or used
pursuant to this Agreement with respect to Required
Tenders, Qualifying Offers, Minimum Salaries, Minimum
Active/Inactive List Salaries, Team Salary, DGR,
Excluded DGR, Benefits, Player Costs, Projected DGR,
Projected Benefits, or Salary, such amounts shall be
rounded to the nearest $1,000.
Page 10
ARTICLE III
SCOPE OF AGREEMENT
Section 1. Scope: This Agreement
represents the complete understanding of the parties on
all subjects covered herein, and there will be no change
in the terms and conditions of this Agreement without
mutual consent. Except as otherwise provided in Article
V (Union Security), Section 6, on Union Security, and on
Article LIV (Workers' Compensation), Section 7, on
Workers' Compensation, the NFLPA and the Management
Council waive all rights to bargain with one another
concerning any subject covered or not covered in this
Agreement for the duration of this Agreement, including
the provisions of the NFL Constitution and Bylaws;
provided, however, that if any proposed change in the
NFL Constitution and Bylaws during the term of this
Agreement could significantly affect the terms and
conditions of employment of NFL players, then the
Management Council will give the NFLPA notice of and
negotiate the proposed change in good faith.
Section 2. Arbitration: The question of
whether the parties engaged in good faith negotiations,
or whether any proposed change in the NFL Constitution
and Bylaws would violate or render meaningless any
provision of this Agreement, may be the subject of a
non-injury grievance under Article IX (Non-Injury
Grievance), which shall be the exclusive method for
resolving disputes arising out of this Section 2. If the
arbitrator finds that either party did not engage in
good faith negotiations, or that the proposed change
would violate or render meaningless any provision of
this Agreement, he may enter an appropriate order,
including to cease and desist from implementing or
continuing the practice or proposal in question;
provided, however, that the arbitrator may not compel
either party to this Agreement to agree to anything or
require the making of a concession by either party in
negotiations.
Page 11
ARTICLE IV
NO STRIKE/LOCKOUT/SUIT
Section 1. No Strike/Lockout: Except as
otherwise provided in Article V (Union Security),
Section 6, or Article LIV (Workers' Compensation),
Section 7, neither the NFLPA nor any of its members will
engage in any strike, work stoppage, or other concerted
action interfering with the operations of the NFL or any
Club for the duration of this Agreement, and no Clubs,
either individually or in concert with other Clubs, will
engage in any lockout for the duration of this
Agreement. Any claim by the Management Council that the
NFLPA has violated this Section 1 will not be subject to
the grievance procedure or the arbitration provisions of
this Agreement and the Management Council will have the
right to submit such claim directly to the courts.
Section 2. No Suit: The NFLPA agrees
that neither it nor any of its members, nor agents
acting on its behalf, nor any member of its bargaining
unit, will sue, or support financially or
administratively, or voluntarily provide testimony or
affidavit in, any suit against, the NFL or any Club with
respect to any claim relating to any conduct permitted
by this Agreement, the Settlement Agreement, or any term
of this Agreement or the Settlement Agreement,
including, without limitation, the Articles concerning
the College Draft, the Compensatory Draft, the Option
Clause, the Entering Player Pool, Veterans With Less
Than Three Accrued Seasons, Veteran Free Agency,
Franchise and Transition Players, the Final Eight Plan,
Guaranteed League-wide Salary, Salary Cap and Minimum
Team Salary, and the Waiver System, and provisions
applicable to the trading of players; provided, however,
that nothing contained in this Section 2 will prevent
the NFLPA or any player from asserting that any Club,
acting individually or in concert with other Clubs, or
the Management Council, has: (1) breached the terms of
this Agreement, the NFL Player Contract, the revised NFL
Player Contract, or the NFL Constitution and Bylaws, and
from processing such asserted breach as a non-injury
grievance under Article IX (Non-Injury Grievance) or
asserting any claim before the Special Master or the
Impartial Arbitrator as provided in this Agreement; or
(2) breached the terms of the Settlement Agreement and
from asserting such a claim before the Special Master,
Impartial Arbitrator, or the Federal District Court, as
provided for in the Settlement Agreement. In addition,
neither the NFLPA nor any of its members, agents acting
on its behalf, nor any members of its bargaining unit
will sue, or support financially or administratively any
suit against, the NFL or any Club relating to the
presently existing provisions of the Constitution and
Bylaws of the NFL as they are currently operative and
administered (except any provisions relating to the 1982
CBA, which have been superseded by this Agreement);
provided, however, that nothing herein shall prevent the
NFLPA, its members, agents or bargaining unit members
from asserting any
Page 12
rights they may have under the federal labor
laws or under this Agreement or the Settlement
Agreement.
Section 3. Releases: The releases and
covenants not to sue contained in Article XIX (Releases
and Covenants Not to Sue) of the Settlement Agreement
are hereby incorporated by reference.
Page 13
ARTICLE V
UNION SECURITY
Section 1. Union Security: Every NFL
player has the option of joining or not joining the
NFLPA; provided, however, that as a condition of
employment commencing with the execution of this
Agreement and for the duration of this Agreement and
wherever and whenever legal: (a) any active player who
is or later becomes a member in good standing of the
NFLPA must maintain his membership in good standing in
the NFLPA; and (b) any active player (including a player
in the future) who is not a member in good standing of
the NFLPA must, on the 30th day following the beginning
of his employment or the execution of this Agreement,
whichever is later, pay, pursuant to Section 2 below or
otherwise to the NFLPA, an annual service fee in the
same amount as any initiation fee and annual dues
required of members of the NFLPA.
Section 2. Check‑off: Commencing
with the execution of this Agreement, each Club will
check-off the initiation fee and annual dues or service
charge, as the case may be, in equal weekly or biweekly
installments from each pre-season and regular season pay
check, beginning with the first pay check after the date
of the first pre-season squad cutdown, for each player
for whom a current check-off authorization (copy
attached hereto as Appendix A and made a part of this
Agreement) has been provided to the Club. The Club will
forward the check-off monies to the NFLPA within seven
days of the check-off.
Section 3. NFLPA Meetings: The NFLPA
will have the right to conduct three meetings on Club
property each year, including one at the time of a
Club's minicamp, provided that the player representative
or NFLPA office has given the Club reasonable notice of
its desire to hold such a meeting by the close of
business on Friday of the week before the week in which
the meeting is to take place, or by the close of
business Thursday if the meeting is scheduled for the
following Monday. No meeting will be held at a time
which would disrupt a coach's team schedule.
Section 4. NFLPA Player Group
Licensing Program: The NFL recognizes that players
have authorized the NFLPA to act as their agent in a
Group Player Licensing program (defined below) for their
benefit. The NFL hereby agrees that neither it, any
Club, nor any affiliate of the NFL and/or any Club shall
acquire, seek to acquire, induce others to acquire, or
assist others in acquiring Group Player Licensing
rights, or interfere in any manner with any player's
conveyance of such rights pursuant to the NFLPA Group
Player Licensing program, except as otherwise explicitly
agreed to between the NFLPA and the NFL. Any disputes
that arise regarding the NFL's conduct in this regard
shall be submitted for expedited arbitration pursuant to
Page 14
Article IX (Non-Injury Grievance). For the purposes
of this Section 4, Group Player Licensing shall be
defined as the use of a total of six or more NFL
players' names, signatures facsimiles, voices, pictures,
photographs, likenesses and/or biographical information
on or in conjunction with products (including, but not
limited to, trading cards, clothing, videogames,
computer games, collectibles, internet sites, fantasy
games, etc.): (a) in any one product category, as
defined by industry standards; or (b) in different
categories if a total of six or more players are used
and (i) the products all use similar or derivative
design or artwork or (ii) one such player product is
used to promote another player product. For the purposes
of this Section 4, Group Player Licensing includes,
without limitation, products sold at retail and products
that are used as promotional or premium items.
* Extension Agreement 1/8/02
Section 5. Disputes: Any dispute over
compliance with, or the interpretation, application or
administration of this Article, except any dispute
concerning Section 4 of this Article, will be processed
pursuant to Article IX (Non‑Injury Grievance). Any
decision of an outside arbitrator pursuant thereto will
constitute full, final and complete disposition of the
dispute, and will be binding on the player(s) and Club(s)
involved and the parties to this Agreement.
Section 6. Procedure for
Enforcement:
(a) Upon written notification to the Management
Council by the NFLPA that a player has not paid any
initiation fee, dues or the equivalent service fee in
violation of Section 1 of this Article V (Union
Security), the Management Council will within seven days
consider the matter. If there is no resolution of the
matter within seven days, then the Club will, upon
notification of the NFLPA, suspend the player without
pay. Such suspension will continue until the NFLPA has
notified the Club in writing that the suspended player
has satisfied his obligation as contained in Section 1
of this Article V (Union Security). The parties hereby
agree that suspension without pay is adopted as a
substitute for and in lieu of discharge as the penalty
for a violation of the union security clause of the
Agreement and that no player will be discharged for a
violation of that clause. The player's contract will be
tolled during the period of any such suspension. A copy
of all notices required by this "Procedure for the
Enforcement of the Union Security Agreement Between the
NFL Management Council and the NFLPA" will be
simultaneously mailed to the player involved and the
Management Council.
(b) It is further agreed that the term "member
in good standing" as used in this Article V (Union
Security) applies only to payment of dues or initiation
fee and not any other factors involved in union
discipline.
(c) It is further agreed that notwithstanding Article
III (Scope of Agreement), Article IV (No
Strike/Lockout/Suit), and Article LVIII (Duration of
Agreement), that if at any time in the term of the
Agreement, any court or agency shall wholly or partially
invalidate the provisions of Article V (Union Security)
relating to Union Security, then the NFLPA may reopen
Page 15
this Agreement upon the giving of 10 days' written
notice, with reference solely to the issue of Union
Security, and both parties will have an obligation to
resume negotiations limited to the issue of Union
Security, and both parties will be free to engage in
whatever concerted or other action may be permitted by
law in support of their positions.
Section 7. NFLPA Responsibility:
It is agreed that neither the NFL nor any Club shall be
liable for any salary, bonus, or other monetary claims
of any player suspended pursuant to the terms of Section
6 above. Collection of initiation fees, annual dues,
service charges or other check-off amounts missed
because of inadvertent errors shall be the
responsibility of the NFLPA. The NFLPA shall be solely
responsible for refunds to players in the case of any
sums deducted not in conformity with the provisions of
the NFLPA Constitution and Bylaws or applicable law.
Section 8. Orientations: During
the annual Timing and Testing Sessions of the Scouting
Combines, the NFL will use best efforts to ensure that
the NFLPA will be permitted to present one-hour
orientations for all of the college players attending
the session. The orientation will include only
information on the Career Planning Program, the Chemical
Dependency Program, the NFLPA Agent Certification
System, and other information contained in this
Agreement and will encourage the players to participate
fully in all activities of the Scouting Combine. The
NFLPA will also have the right to space in the public
area of the players' hotel, staffed by NFLPA employees,
to provide information requested by players during their
free time at the Combine. The NFLPA and the NFL will
also sponsor an orientation with an agreed-upon agenda
for all rookies on a Club-by-Club basis during the first
half of the NFL regular season, which meetings may take
place on the players' day off if no other mutually
acceptable day is agreed upon.
* Attendance at the annual Rookie Symposium shall
be mandatory for all Rookies invited to the Symposium. A
material failure to attend the entire Symposium (e.g.,
missing more than one presentation) that is unexcused by
the NFLMC will result in a fine of $11,000 for the
2002-04 League Years and $12,000 for the 2005-07 League
Years. The NFLPA and the NFLMC shall each use its best
efforts to encourage players to participate fully in all
symposium activities and to abide by all symposium rules
(e.g., dress code, curfew, etc.). Being late for or
missing curfew will result in a fine at the then
applicable amount under Article VIII of the CBA. Other
lateness for meetings or similar Article VIII violations
will be disciplined at the applicable fine amounts.
Discipline shall be imposed, if appropriate, by the
NFLMC, not by any Club.
* Side Letter 1/25/99, as modified
by Extension Agreement 1/8/02
Page 16
ARTICLE VI
NFLPA AGENT CERTIFICATION
Section 1. Exclusive Representation:
The NFLMC and the Clubs recognize that the NFLPA
regulates the conduct of agents who represent players in
individual contract negotiations with Clubs. The NFLMC
and the Clubs agree that the Clubs are prohibited from
engaging in individual contract negotiations with any
agent who is not listed by the NFLPA as being duly
certified by the NFLPA in accordance with its role as
exclusive bargaining agent for NFL players. The NFLPA
shall provide and publish a list of agents who are
currently certified in accordance with its agent
regulation system, and shall notify the NFLMC and the
Clubs of any deletions or additions to the list pursuant
to its procedures. The NFLPA agrees that it shall not
delete any agent from its list until that agent has
exhausted the opportunity to appeal the deletion to a
neutral arbitrator pursuant to its agent regulation
system, except: (i) where an agent has failed to pass a
written examination given to agents by the NFLPA or (ii)
in extraordinary circumstances where the NFLPA's
investigation discloses that the agent's conduct is of
such a serious nature as to justify immediately
invalidating the agent's certification. The NFLPA shall
have sole and exclusive authority to determine the
number of agents to be certified, and the grounds for
withdrawing or denying certification of an agent. The
NFLPA agrees that it will not discipline, dismiss or
decertify agents based upon the results they achieve or
do not achieve in negotiating terms or conditions of
employment with NFL Clubs.
* Side Letter 8/1/00
Section 2. Enforcement: Under
procedures to be established by agreement between the
NFL and the NFLPA, the Commissioner shall disapprove any
NFL Player Contract(s) between a player and a Club
unless such player: (a) is represented in the
negotiations with respect to such NFL Player Contract(s)
by an agent or representative duly certified by the
NFLPA in accordance with the NFLPA agent regulation
system and authorized to represent him; or (b) acts on
his own behalf in negotiating such NFL Player Contract(s).
Section 3. Penalty: Under
procedures to be established by agreement between the
NFL and the NFLPA, the NFL shall impose a fine of
$10,000 upon any Club that negotiates any NFL Player
Contract(s) with an agent or representative not
certified by the NFLPA in accordance with the NFLPA
agent regulation system if, at the time of such
negotiations, such Club either (a) knows that such agent
or representative has not been so certified or (b) fails
to make reasonable inquiry of the NFLPA as to whether
such agent or representative has been so certified. Such
fine shall not apply, however, if the negotiation in
question is the first violation of this Article by the
Club during the term of this Agreement. It shall not be
a violation of this Article for a Club to negotiate with
any person named on (or not deleted from) the most
recently published list of agents certified by the NFLPA
to represent players.
Page 17
ARTICLE VII
PLAYER SECURITY
Section 1. No Discrimination:
There will be no discrimination in any form against any
player by the Management Council, any Club or by the
NFLPA because of race, religion, national origin or
activity or lack of activity on behalf of the NFLPA.
Section 2. Personal Appearance:
Clubs may make and enforce reasonable rules governing
players' appearance on the field and in public places
while representing the Clubs; provided, however, that no
player will be disciplined because of hair length or
facial hair.
Page 18
ARTICLE VIII
CLUB DISCIPLINE
Section 1. Maximum Discipline:
(a) For the 1993 League Year, the following maximum
discipline schedule will be applicable:
Overweight-maximum fine of $50 per lb./per day.
Unexcused late reporting for mandatory off-season
training camp, team meeting, practice, transportation,
curfew, scheduled appointment with Club physician or
trainer, or scheduled promotional activity-maximum fine
of $200.
Failure to promptly report injury to Club physician
or trainer-maximum fine of $200.
Losing, damaging or altering Club-provided
equipment-maximum fine of $200 and replacement cost, if
any.
Throwing football into stands-maximum fine of $200.
Unexcused late reporting for or absence from
pre-season training camp by a player under contract
except those signed as an Unrestricted Free Agent
pursuant to Article XIX (Veteran Free Agency)-maximum
fine of $4,000 per day for the 1993-95 League years,
$5,000 per day for the 1996-2004 League Years and $6,000
per day for the 2005-07 League Years.
Unexcused late reporting for or absence from
pre-season training camp by a player under contract
signed as an Unrestricted Free Agent pursuant to Article
XIX (Veteran Free Agency)-maximum fine of $4,000 per day
for the 1993-95 League years, $5,000 per day for the
1996-2004 League Years and $6,000 per day for the
2005-07 League Years, plus one week's regular season
salary for each pre-season game missed.
Unexcused missed mandatory off-season training camp,
team meeting, practice, curfew, bed check, scheduled
appointment with Club physician or trainer, material
failure to follow Club rehabilitation directions, or
scheduled promotional activity-maximum fine of $1,000.
Material failure to follow rehabilitation program
prescribed by Club physician or trainer-maximum fine of
$1,000.
Unexcused missed team transportation-maximum fine of
$1,000 and transportation expense, if any.
Loss of all or part of playbook, scouting report or
game plan-maximum fine of $1,000.
Ejection from game-maximum fine of $2,000.
Conduct detrimental to Club-maximum fine of an amount
equal to one week's salary and/or suspension without pay
for a period not to exceed four (4) weeks.
The Club will promptly notify the player of any
discipline; notice of any Club fine in the
$4,000/$5,000/$6,000 maximum category and of any
"conduct detrimental" fine or suspension will
be sent to the NFLPA.
* Extension Agreement 1/8/02
(b) The amounts set forth in
Section 1(a) above shall be in effect for
Page 19
the 1993-1995 League Years. Such fines shall be
increased by 25% each for the 1996 League Year and each
year thereafter during the term of this Agreement,
except for those fines for which the specific increase
is set forth in Section 1(a) above.
Section 2. Published Lists: All
Clubs must publish and make available to all players at
the commencement of pre-season training camp a complete
list of the discipline which can be imposed for
designated offenses within the limits set by the maximum
schedule referred to in Section 1 above.
Section 3. Uniformity:
Discipline will be imposed uniformly within a Club on
all players for the same offense; however, the Club may
specify the events which create an escalation of the
discipline, provided the formula for escalation is
uniform in its application. Any disciplinary action
imposed upon a player by the Commissioner pursuant to
Article XI (Commissioner Discipline) will preclude or
supersede disciplinary action by the Club for the same
act or conduct.
Section 4. Disputes: Any dispute
involved in Club discipline may be made the subject of a
non-injury grievance under Article IX (Non-Injury
Grievance).
Section 5. Deduction: Any Club
fine will be deducted at the rate of no more than $1,000
from each pay period, if sufficient pay periods remain;
or, if less than sufficient pay periods remain, the fine
will be deducted in equal installments over the number
of remaining pay periods. This will not apply to a
suspension.
Page 20
ARTICLE IX
NON-INJURY GRIEVANCE
Section 1. Definition: Any
dispute (hereinafter referred to as a
"grievance") arising after the execution of
this Agreement and involving the interpretation of,
application of, or compliance with, any provision of
this Agreement, the NFL Player Contract, or any
applicable provision of the NFL Constitution and Bylaws
pertaining to terms and conditions of employment of NFL
players, will be resolved exclusively in accordance with
the procedure set forth in this Article, except wherever
another method of dispute resolution is set forth
elsewhere in this Agreement, and except wherever the
Settlement Agreement provides that the Special Master,
Impartial Arbitrator, the Federal District Court or the
Accountants shall resolve a dispute.
Section 2. Initiation: A
grievance may be initiated by a player, a Club, the
Management Council, or the NFLPA. A grievance must be
initiated within forty-five (45) days from the date of
the occurrence or non-occurrence upon which the
grievance is based, or within forty-five (45) days from
the date on which the facts of the matter became known
or reasonably should have been known to the party
initiating the grievance, whichever is later. A player
need not be under contract to a Club at the time a
grievance relating to him arises or at the time such
grievance is initiated or processed.
Section 3. Filing: Subject to
the provisions of Section 2 above, a player or the NFLPA
may initiate a grievance by filing a written notice by
certified mail or fax with the Management Council and
furnishing a copy of such notice to the Club(s)
involved; a Club or the Management Council may initiate
a grievance by filing written notice by certified mail
or fax with the NFLPA and furnishing a copy of such
notice to the player(s) involved. The notice will set
forth the specifics of the alleged action or inaction
giving rise to the grievance. If a grievance is filed by
a player without the involvement of the NFLPA, the
Management Council will promptly send copies of the
grievance and the answer to the NFLPA. The party to whom
a non-injury grievance has been presented will answer in
writing by certified mail or fax within seven (7) days
of receipt of the grievance. The answer will set forth
admissions or denials as to the facts alleged in the
grievance. If the answer denies the grievance, the
specific grounds for denial will be set forth. The
answering party will provide a copy of the answer to the
player(s) or Club(s) involved and the NFLPA or the
Management Council as may be applicable.
Section 4. Appeal: If a
grievance is not resolved after it has been filed and
answered, either the player(s) or Club(s) involved, or
the NFLPA, or
Page 21
the Management Council may appeal such grievance by
filing a written notice of appeal with the Notice
Arbitrator and mailing copies thereof to the party or
parties against whom such appeal is taken, and either
the NFLPA or the Management Council as may be
appropriate. If the grievance involves a suspension of a
player by a Club, the player or NFLPA will have the
option to appeal it immediately upon filing to the
Notice Arbitrator and a hearing will be held by an
arbitrator designated by the Notice Arbitrator within
seven (7) days of the filing of the grievance. In
addition, the NFLPA and the Management Council will each
have the right of immediate appeal and hearing within
seven (7) days with respect to four (4) grievances of
their respective choice each calendar year. The
arbitrator(s) designated to hear such grievances will
issue their decision(s) within five (5) days of the
completion of the hearing. Prehearing briefs may be
filed by either party and, if filed, will be exchanged
prior to hearing.
Section 5. Discovery: No later
than ten (10) days prior to the hearing, each party will
submit to the other copies of all documents, reports and
records relevant to the dispute. Failure to submit such
documents, reports and records no later than ten (10)
days prior to the hearing will preclude the
non-complying party from submitting such documents,
reports and records into evidence at the hearing, but
the other party will have the opportunity to examine
such documents, reports and records at the hearing and
to introduce those it desires into evidence, except that
relevant documents submitted to the opposing party less
than ten (10) days before the hearing will be admissible
provided that the proffering party and the custodian(s)
of the documents made a good faith effort to obtain (or
discover the existence of) said documents or that the
document's relevance was not discovered until the
hearing date. In the case of an expedited grievance
pursuant to Section 4, such documentary evidence shall
be exchanged on or before two (2) days prior to the
hearing unless the arbitrator indicates otherwise.
Section 6. Arbitration Panel:
There will be a panel of four (4) arbitrators, whose
appointment must be accepted in writing by the NFLPA and
the Management Council. The parties will designate the
Notice Arbitrator within ten (10) days of the execution
of this Agreement. In the event of a vacancy in the
position of Notice Arbitrator, the senior arbitrator in
terms of affiliation with this Agreement will succeed to
the position of Notice Arbitrator, and the resultant
vacancy on the panel will be filled according to the
procedures of this Section. Either party to this
Agreement may discharge a member of the arbitration
panel by serving written notice upon the arbitrator and
the other party to this Agreement between December 1 and
10 of each year, but at no time shall such discharges
result in no arbitrators remaining on the panel. If
either party discharges an arbitrator, the other party
shall have two (2) business days to discharge any other
arbitrator. If the parties are unable to agree on a new
arbitrator within thirty (30) days of any vacancy, the
Notice Arbitrator shall submit a list of ten (10)
qualified and experienced arbitrators to the NFLPA and
the Management Council. Within
Page 22
fourteen (14) days of the receipt of the list, the
NFLPA and the Management Council shall select one
arbitrator from the list by alternately striking names
until only one remains, with a coin flip determining the
first strike. The next vacancy occurring will be filled
in similar fashion, with the party who initially struck
first then striking second. The parties will alternate
striking first for future vacancies occurring thereafter
during the term of this Agreement. If either party fails
to cooperate in the striking process, the other party
may select one of the nominees on the list and the other
party will be bound by such selection.
Section 7. Hearing: Each
arbitrator will designate a minimum of twelve (12)
hearing dates per year, exclusive of the period July 15
through September 10 for non-expedited cases, for use by
the parties to this Agreement. Upon being appointed,
each arbitrator will, after consultation with the Notice
Arbitrator, provide to the NFLPA and the Management
Council specified hearing dates for such ensuing period,
which process will be repeated on an annual basis
thereafter. The parties will notify each arbitrator
thirty (30) days in advance of which dates the following
month are going to be used by the parties. The
designated arbitrator will set the hearing on his next
reserved date in the Club city unless the parties agree
otherwise. If a grievance is set for hearing and the
hearing date is then postponed by a party within thirty
(30) days of the hearing date, the postponement fee of
the arbitrator will be borne by the postponing party
unless the arbitrator determines that the postponement
was for good cause. Should good cause be found, the
parties will share any postponement costs equally. If
the arbitrator in question cannot reschedule the hearing
within thirty (30) days of the postponed date, the case
may be reassigned by the Notice Arbitrator to another
panel member who has a hearing date available within the
thirty (30) day period. At the hearing, the parties to
the grievance and the NFLPA and Management Council will
have the right to present, by testimony or otherwise,
and subject to Section 5, any evidence relevant to the
grievance. All hearings will be transcribed.
\If a witness is unable to attend the hearing, the
party offering the testimony shall inform the other
party of the identity and unavailability of the witness
to attend the hearing. At the hearing or within fourteen
(14) days thereafter, the party offering the testimony
of the unavailable witness must offer the other party
two possible dates within the next forty-five (45) days
to take the witness' testimony. The other party shall
have the opportunity to choose the date. The record
should be closed sixty (60) days after the hearing date
unless mutually extended notwithstanding any party's
failure to present post-hearing testimony within the
above-mentioned time period. If a witness is unavailable
to come to the hearing, the witness' testimony may be
taken by telephone conference call if the parties agree.
In cases where the amount claimed is less than $25,000,
the parties may agree to hold the hearing by telephone
conference call. If either party requests
Page 23
post-hearing briefs, the parties shall prepare and
simultaneously submit briefs except in grievances
involving non-suspension Club discipline where less than
$25,000 is at issue, in which cases briefs will not be
submitted. Briefs must be submitted to the arbitrator
postmarked no later than sixty (60) days after receipt
of the last transcript.
Section 8. Arbitrator’s Decision
and Award: The arbitrator will issue a written
decision within thirty (30) days of the submission of
briefs, but in no event shall he consider briefs filed
by either party more than sixty (60) days after receipt
of the last transcript, unless the parties agree
otherwise. The decision of the arbitrator will
constitute full, final and complete disposition of the
grievance, and will be binding upon the player(s) and
Club(s) involved and the parties to this Agreement;
provided, however, that the arbitrator will not have the
jurisdiction or authority: (a) to add to, subtract from,
or alter in any way the provisions of this Agreement or
any other applicable document; or (b) to grant any
remedy other than a money award, an order of
reinstatement, suspension without pay, a stay of
suspension pending decision, a cease and desist order, a
credit or benefit award under the Bert Bell/Pete Rozelle
NFL Player Retirement Plan, or an order of compliance,
with a specific term of this Agreement or any other
applicable document, or an advisory opinion pursuant to
Article XIII (Committees), Section 1(c). In the event
the arbitrator finds liability on the part of the Club,
he shall award interest beginning one year from the date
of the last regular season game of the season of the
grievance. The interest shall be calculated at the
one-year Treasury Note rate published in the Wall Street
Journal as of February 1 (or the next date published) of
each year, and such rate shall apply to any interest
awarded during each such subsequent twelve (12) month
period.
*Extension Agreement 1/8/02
Section 9. Time Limits: Each of
the time limits set forth in this Article may be
extended by mutual written agreement of the parties
involved. If any grievance is not processed or resolved
in accordance with the prescribed time limits within any
step, unless an extension of time has been mutually
agreed upon in writing, either the player, the NFLPA,
the Club or the Management Council, as the case may be,
after notifying the other party of its intent in
writing, may proceed to the next step.
Section 10. Representation: In
any hearing provided for in this Article, a player may
be accompanied by counsel of his choice and/or a
representative of the NFLPA. In any such hearing, a Club
representative may be accompanied by counsel of his
choice and/or a representative of the Management
Council.
Section 11. Costs: All costs of
arbitration, including the fees and expenses of the
arbitrator and the transcript costs, will be borne
equally between the
Page 24
parties. Notwithstanding the above, if the hearing
occurs in the Club city and if the arbitrator finds
liability on the part of the Club, the arbitrator shall
award the player reasonable expenses incurred in
traveling to and from his residence to the Club city and
one night's lodging.
Section 12. Payment: If an award
is made by the arbitrator, payment will be made within
thirty (30) days of the receipt of the award to the
player or jointly to the player and the NFLPA provided
the player has given written authorization for such
joint payment. The time limit for payment may be
extended by mutual consent of the parties or by a
finding of good cause for the extension by the
arbitrator. Where payment is unduly delayed beyond
thirty (30) days, interest will be assessed against the
Club from the date of the decision. Interest shall be
calculated at double the one-year Treasury Note rate
published in the Wall Street Journal as of February 1
(or next date published) of each year, and such rate
shall apply to the interest awarded during each
subsequent twelve (12) month period in lieu of
continuation of any pre-award interest. The arbitrator
shall retain jurisdiction of the case for the purpose of
awarding post-hearing interest pursuant to this Section.
*Extension Agreement 1/8/02
Section 13. Grievance Settlement
Committee: A grievance settlement committee
consisting of the Executive Director of the NFLPA and
the Executive Vice President for Labor Relations of the
NFL shall have the authority to resolve any grievance
filed under this Article. This committee shall meet
periodically to discuss and consider pending grievances.
No evidence will be taken at such meetings, except
parties involved in the grievance may be contacted to
obtain information about their dispute. If the committee
resolves any grievance by mutual agreement of the two
members, such resolution will be made in writing and
will constitute full, final and complete disposition of
the grievance and will be binding upon the player(s) and
the Club(s) involved and the parties to this Agreement.
Consideration of any grievance by this committee shall
not in any way delay its processing through the
non-injury grievance procedure described in this
Article, and no grievance may be resolved pursuant to
this Section once an arbitration hearing has been
convened pursuant to Section 7 hereof.
Page 25
ARTICLE X
INJURY GRIEVANCE
Section 1. Definition: An
"injury grievance" is a claim or complaint
that, at the time a player's NFL Player Contract was
terminated by a Club, the player was physically unable
to perform the services required of him by that contract
because of an injury incurred in the performance of his
services under that contract. All time limitations in
this Article may be extended by mutual agreement of the
parties.
Section 2. Filing: Any player and/or
the NFLPA must present an injury grievance in writing to
a Club, with a copy to the Management Council, within
twenty-five (25) days from the date it became known or
should have become known to the player that his contract
had been terminated. The grievance will set forth the
approximate date of the alleged injury and its general
nature. If a grievance is filed by a player without the
involvement of the NFLPA, the Management Council will
promptly send copies of the grievance and the answer to
the NFLPA.
Section 3. Answer: The Club to
which an injury grievance has been presented will answer
in writing within seven (7) days. If the answer contains
a denial of the claim, the general grounds for such
denial will be set forth. The answer may raise any
special defense, including but not limited to the
following:
(a) That the player did not pass the physical
examination administered by the Club physician at the
beginning of the pre-season training camp for the year
in question. This defense will not be available if the
player participated in any team drills following his
physical examination or in any preseason or regular
season game; provided, however, that the Club physician
may require the player to undergo certain exercises or
activities, not team drills, to determine whether the
player will pass the physical examination;
(b) That the player failed to make full and complete
disclosure of his known physical or mental condition
when questioned during the physical examination;
(c) That the player's injury occurred prior to the
physical examination and the player knowingly executed a
waiver or release prior to the physical examination or
his commencement of practice for the season in question
which specifically pertained to such prior injury;
(d) That the player's injury arose solely from a
non-football-related cause subsequent to the physical
examination;
(e) That subsequent to the physical examination the
player suffered no new football-related injury;
(f) That subsequent to the physical examination the
player suffered no football-related aggravation of a
prior injury reducing his physical capacity below the
level existing at the time of his physical examination
as contemporaneously recorded by the Club physician.
Page 26
Section 4. Neutral Physician: The
player must present himself for examination by a neutral
physician in the Club city or the Club city closest to
the player's residence within twenty (20) days from the
date of the grievance. This time period may be extended
by mutual consent if the neutral physician is not
available. Neither Club nor player may submit any
medical records to the neutral physician, nor may the
Club physician or player's physician communicate with
the neutral physician. The player will notify the Club
of the identity of the neutral physician by whom he is
to be examined as soon as possible subsequent to a
selection by the player. The neutral physician will not
become the treating physician nor will the neutral
physician examination involve more than one office visit
without the prior approval of both the NFLPA and
Management Council. The neutral physician may review any
objective medical tests which all parties mutually agree
to provide. The neutral physician is further authorized
to perform any necessary diagnostic tests after
consultation with the parties. The neutral physician is
required to submit to the parties a detailed typewritten
medical report of his examination. In order to
facilitate settlement of grievances, the parties
periodically will consult with neutral physicians by
telephone conference call to obtain preliminary opinions
as to the length of time, if any, after their
examinations before players would be physically able to
perform contract services. The NFLPA will use its best
efforts to make the neutral physicians in each Club city
equally available to the players who file injury
grievances.
Section 5. Neutral Physician List:
The NFLPA and the Management Council will maintain a
jointly approved list of neutral physicians, including
at least two orthopedic physicians in each city in which
a Club is located. This list will be subject to review
and modification between February 1 and April 15 of each
year, at which time either party may eliminate any two
neutral physicians from the list by written notice to
the other party. When vacancies occur, the NFLPA and the
Management Council will each submit a list of three (3)
orthopedic physicians to the other party within thirty
(30) days for each NFL city where a vacancy exists. If
the parties are unable to agree on a replacement, within
ten (10) days they will select a neutral physician for
each city by alternately striking names. The party to
strike a name first will be determined by a flip of a
coin. If either party fails to cooperate in the striking
process the other party may select one of the nominees
on its list, and the other party will be bound by such
selection. The next vacancy occurring will be filled in
similar fashion with the party who initially struck
first then striking second. The parties will alternate
striking first for future vacancies occurring thereafter
during the term of this Agreement.
Section 6. Appeal: A grievance may be
appealed to an arbitrator by filing of written notice of
appeal with the chairman of the arbitration panel within
Page 27
thirty (30) days from the date of receipt of the
neutral physician's written report.
Section 7. Arbitration Panel:
There will be a panel of five (5) arbitrators, whose
appointment must be accepted in writing by the NFLPA and
the Management Council. The parties have designated
Arthur Stark as the Chairman of the panel. In the event
of a vacancy in the position of the Chairman of the
panel, the senior arbitrator in terms of affiliation
with this Agreement will succeed to the position of
Chairman of the panel, and the resultant vacancy on the
panel will be filled according to the procedures of this
Section. Either party to this Agreement may discharge a
member of the arbitration panel by serving written
notice upon the arbitrator and the other party to this
Agreement between December 1 and 10 of each year, but at
no time shall such discharges result in no arbitrators
remaining on the panel. If either party discharges an
arbitrator, the other party shall have two (2) business
days to discharge any other arbitrator. Any vacancies
occurring on the arbitration panel will be filled as
follows: If the parties are unable to agree to a new
arbitrator within thirty (30) days of the occurrence of
the vacancy, the Chairman of the panel shall submit a
list of ten (10) qualified and experienced arbitrators
to the NFLPA and the Management Council. Within fourteen
(14) days of the receipt of the list, the NFLPA and the
Management Council shall select one arbitrator from the
list by alternately striking names until only one
remains, with a coin flip determining the first strike.
The next vacancy occurring will be filled in similar
fashion, with the party who initially struck first then
striking second. The parties will alternate striking
first for future vacancies occurring thereafter during
the term of this Agreement. If either party fails to
cooperate in the striking process, the other party may
select one of the nominees on the list and the other
party will be bound by such selection.
Section 8. Hearing: Each
arbitrator shall designate a minimum of twelve hearing
dates per year, exclusive of the period July 15 through
September 10, for use by the parties to this Agreement.
Upon being appointed, each arbitrator will, after
consultation with the Chairman, provide to the NFLPA and
the Management Council specified hearing dates for each
of the ensuing six months, which process will be
repeated on a semiannual basis thereafter. The parties
will notify each arbitrator thirty (30) days in advance
of which dates the following month are going to be used
by the parties. The designated arbitrator will set the
hearing on his or her next reserved date in the Club
city, unless the parties agree otherwise. If a grievance
is set for hearing and the hearing date is then
postponed by a party within thirty (30) days of the
hearing date, the postponement fee of the arbitrator
will be borne by the postponing party unless the
arbitrator determines that the postponement was for good
cause. Should good cause be found, the parties will
share any postponement costs equally. If the arbitrator
in question
Page 28
cannot reschedule the hearing within thirty (30) days
of the postponed date, the case may be reassigned by the
Chairman to another panel member who has a hearing date
available within the thirty (30) day period. At the
hearing, the parties to the grievance and the NFLPA and
Management Council will have the right to present, by
testimony or otherwise, any evidence relevant to the
grievance. The NFLPA and the Management Council have the
right to attend all grievance hearings. All hearings
shall be transcribed.
If a witness is unable to attend the hearing, the
party offering the testimony shall inform the other
party of the identity and unavailability of the witness
to attend the hearing. At the hearing or within fourteen
(14) days thereafter, the party offering the testimony
of the unavailable witness must offer the other party
two possible dates within the next forty-five (45) days
to take the witness' testimony. The other party shall
have the opportunity to choose the date. The record
should be closed sixty (60) days after the hearing date
unless mutually extended notwithstanding any party's
failure to present post-hearing testimony within the
above-mentioned time period. If a witness is unavailable
to come to the hearing, the witness' testimony may be
taken by telephone conference call if the parties agree.
In cases where the amount claimed is less than $25,000,
the parties may agree to hold the hearing by telephone
conference call.
Post-hearing briefs must be submitted to the
arbitrator postmarked no later than sixty-five (65) days
after receipt of the last transcript. The arbitrator
will issue a written decision within thirty (30) days of
the submission of briefs but shall not consider briefs
filed by either party more than sixty-five (65) days
after receipt of the last transcript, unless the parties
agree otherwise. The arbitrator's decision will be final
and binding; provided, however, that no arbitrator will
have the authority to add to, subtract from, or alter in
any way any provision of this Agreement or any other
applicable document. In the event the arbitrator finds
liability on the part of the Club, he shall award
interest beginning one year from the date of the last
regular season game of the season of injury. The
interest shall be calculated at the one-year Treasury
Note rate published in The Wall Street Journal as of
February 1 (or the next date published) of each year,
and such rate shall apply to any interest awarded during
each such subsequent twelve (12) month period.
*Extension Agreement 1/8/02
Section 9. Miscellaneous: The
arbitrator will consider the neutral physician's
findings conclusive with regard to the physical
condition of the player and the extent of an injury at
the time of his examination by the neutral physician.
The arbitrator will decide the dispute in light of this
finding and such other issues or defenses which may have
been properly submitted to him. The Club or the
Management Council must advise the grievant and the
NFLPA in writing no later than seven (7) days before the
hearing of any special defense to be raised at the
hearing. The arbitrator may award the player payments
for medical expenses incurred or which will be incurred
in connection with an injury.
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Section 10. Expenses: Expenses charged
by a neutral physician will be shared equally by the
Club and the player. All travel expenses incurred by the
player in connection with his examination by a neutral
physician of his choice will be borne by the player. The
parties will share equally in the expenses of any
arbitration engaged in pursuant to this Article;
provided, however, the respective parties will bear the
expenses of attendance of their own witnesses.
Notwithstanding the above, if the hearing is held in the
Club city and if the arbitrator finds liability on the
part of the Club, the arbitrator shall award the player
reasonable expenses incurred in travelling to and from
his residence to the Club city and one night's lodging.
Section 11. Pension Credit: Any
player who receives payment for three or more regular
season games during any year as a result of filing an
injury grievance or settlement of a potential injury
grievance will be credited with one year of Credited
Service for the year in which injured under the Bert
Bell/Pete Rozelle NFL Player Retirement Plan as
determined by the Retirement Board.
Section 12. Payment: If an award
is made by the arbitrator, payment will be made within
thirty (30) days of the receipt of the award to the
player or jointly to the player and the NFLPA, provided
the player has given written authorization for such
joint payment. The time limit for payment may be
extended by mutual consent of the parties or by a
finding of good cause for the extension by the
arbitrator. Where payment is unduly delayed beyond
thirty (30) days, interest will be assessed against the
Club from the date of the decision. Interest shall be
calculated at double the one-year Treasury Note rate
published in The Wall Street Journal as of February 1
(or next date published) of each year, and such rate
shall apply to the interest awarded during each such
subsequent twelve (12) month period in lieu of
continuation of pre-award interest. The arbitrator shall
retain jurisdiction of the case for the purpose of
awarding post-hearing interest pursuant to this Section.
*Extension Agreement 1/8/02
Section 13. Presumption of Fitness:
If the player passes the physical examination of the
Club prior to the pre-season training camp for the year
in question, having made full and complete disclosure of
his known physical and mental condition when questioned
by the Club physician during the physical examination,
it will be presumed that such player was physically fit
to play football on the date of such examination.
Section 14. Playoff Money: If
the arbitrator finds that an injured player remained
physically unable to perform the services required of
him by his contract during the NFL postseason playoffs
and if the Club in question participated in the playoffs
that season, the player will be entitled to and the
arbitrator shall award, such playoff money as though he
had been on
Page 30
the Injured Reserve list at the time of the playoff
games in question, should he otherwise qualify for such
pay pursuant to Article XLII (Postseason Pay).
Section 15. Information Exchange:
The NFLPA and the Management Council must confer on a
regular basis concerning the status of pending injury
grievances and the attribution of any injury grievance
exposure to Team Salary under Article XXIV (Guaranteed
League-wide Salary, Salary Cap & Minimum Team
Salary). Any communications pursuant to this Section are
inadmissible in any grievance hearing.
Section 16. Discovery: No later
than ten (10) days prior to the hearing, each party will
submit to the other copies of all documents, reports and
records relevant to the injury grievance hearing.
Failure to submit such documents, reports and records no
later than ten (10) days prior to the hearing will
preclude the non-complying party from submitting such
documents, reports and records into evidence at the
hearing, but the other party will have the opportunity
to examine such documents, reports and records at the
hearing and to introduce those it so desires into
evidence, except that relevant documents submitted to
the opposing party less than ten (10) days before the
hearing shall be admissible provided the offering party
and the custodian(s) of the documents made good faith
effort to obtain (or discover the existence of) such
documents or that the documents' relevance was not
discovered until the hearing.
Page 31
ARTICLE XI
COMMISSIONER DISCIPLINE
Section 1. League Discipline:
Notwithstanding anything stated in Article IX
(Non-Injury Grievance):
(a) All disputes involving a fine or suspension
imposed upon a player for conduct on the playing field
other than as described in subsection (b) below, or
involving action taken against a player by the
Commissioner for conduct detrimental to the integrity
of, or public confidence in, the game of professional
football, will be processed exclusively as follows: the
Commissioner will promptly send written notice of his
action to the player, with a copy to the NFLPA. Within
twenty (20) days following such written notification,
the player affected thereby, o | 
