On Monday, a New York federal appeals court issued a 2-1 decision that upheld the four-game suspension for the New England Patriots quarterback Tom Brady.
Four-Game Suspension Upheld for Tom Brady in Deflategate
The decision overturned a judgment issued by United States District Court judge Richard Berman who had ruled in favor of the NFL Players Association (NFLPA) that believed that the NFL had exceeded its powers under the collective bargaining agreement.
Court Held that Commissioner Properly Exercised Discretion
The court held that “the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.”
The original suspension was based on a finding that Brady participated in a scheme to deflate footballs used during the 2015 American Football Conference Championship game to pressure below the permissible range.
The Law is Most Deferential to Arbitration Awards
The decision noted that a federal court’s review of labor arbitration awards is narrowly circumscribed and highly deferential stating “among the most deferential in the law.” The court added that their role is “not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games or none at all.”
The court pointed out that NFL Commissioner Roger Goodell’s authority was “especially broad” and should be given “substantial deference.” As such, the court determined that the Commissioner properly exercised his broad discretion to resolve a controversy between the League and a player.
The NFLPA and Brady can petition for a re-hearing in front of the same panel then the entire 2nd Circuit Court or take their appeal to the U.S. Supreme Court. They could also ask for a stay of the suspension during any appeal. The NFL could attempt to reach a settlement to avoid further appeals.
Brady Reduced His 2016 Salary Possibly Anticipating Decision
Brady appears to have planned for this event since he signed a two-year contract extension this offseason that dropped his 2016 salary from $9 million to $1 million. In the event of a four-game suspension this season, that move could save Brady about $1.6 million in lost salary due to the suspension.
