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Cedric Benson files an Unfair Labour Practice complaint against the NFL and NFLPA

The NFLPA apparently reached an agreement with the NFL stating that 8 players, including Benson could be suspended by the NFL for their actions during the lockout.  The reasoning of the PA was that the NFL wanted to suspend a number of players who got in legal trouble during the lockout, so they compromised by only allowing repeat offenders to be disciplined.

This means that the NFL will be suspending Benson, and apparently, it’s going to be 3 games.

Benson’s arguments are as follows

1) The Union was decertified at the start of the lockout.  There was no union during the lockout.  He was not a member of the NFLPA when his actions took place and as such they have no right to negotiate any agreement which respects his rights, due to actions he had during the NFL lockout.

2) He was locked out by the NFL.  He was not an employee of any NFL team, and therefore is not subject to the personal conduct policy of the league for any of his actions during the lockout.  Legally his issues are between the state and himself.  And the league has no right to ask him to adhere to a personal conduct policy at a time when they were not allowing him into NFL facilities to train, not paying him, etc…. He was not technically an employee when he was locked out, so he does not have to adhere to any personal conduct policy of the league at that time.

3) Benson is also complaining that he was not consulted on the NFLPA agreement that allows the league to suspend him and that basically the PA has sold him out to protect the other members without his consent.  Obviously, this isn’t the way a Union is supposed to act, and they may be overstepping their authority.

Personally, at first glance, it would appear that that Benson has one hell of a case here, but its really impossible to know based only on media reported details.

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