This whole Ray Rice thing has got me thinking about the NFL's Collective Bargaining Agreement and what it says about commissioner discipline. So I went to the source (http://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf) and here is the Article in its entirety:
ARTICLE
46
COMMISSIONER
DISCIPLINE
Section
1. League Discipline: Notwithstanding anything stated in
Article 43:
(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 three (3) business
days following such written notification, the player affected thereby, or the
NFLPA with the player’s approval, may appeal in writing to the Commissioner.
(b) Fines or suspensions imposed upon
players for unnecessary roughness or unsportsmanlike conduct on the playing
field with respect to an opposing player or players shall be determined
initially by a person appointed by the Commissioner after consultation concerning
the person being appointed with the Executive Director of the NFLPA, as
promptly as possible after the event(s) in question. Such person will send
written notice of his action to the player, with a copy to the NFLPA. Within
three (3) business days following such notification, the player, or the NFLPA
with his approval, may appeal in writing to the Commissioner.
(c) The Commissioner (under Subsection
(a)), or the person appointed by the Commissioner under Subsection (b), shall
consult with the Executive Director of the NFLPA prior to issuing, for on-field
conduct, any suspension or fine in excess of $50,000.
(d) The schedule of fines for on-field
conduct will be provided to the NFLPA prior to the start of training camp in
each season covered under this Agreement. The 2011 schedule of fines, which has
been provided to and accepted by the NFLPA, shall serve as the basis of
discipline for the infractions identified on that schedule. The designated
minimum fine amounts will increase by 5% for the 2012 League Year, and each
League Year thereafter during the term of this Agreement. Where circumstances
warrant, including, but not limited to, infractions that were flagrant and
gratuitous, larger fines, suspension or other discipline may be imposed. On
appeal, a player may assert, among other defenses, that any fine should be
reduced because it is excessive when compared to the player’s expected earnings
for the season in question. However, a fine may be reduced on this basis only
if it exceeds 25 percent of one week of a player’s salary for a first offense,
and 50 percent of one week of a player’s salary for a second offense. A player
may also argue on appeal that the circumstances do not warrant his receiving a
fine above the amount stated in the schedule of fines.
Section
2. Hearings:
(a) Hearing
Officers. For appeals under Section 1(a) above, the Commissioner shall,
after consultation with the Executive Director of the NFLPA, appoint one or
more designees to serve as hearing officers. For appeals under Section 1(b)
above, the parties shall, on an annual basis, jointly select two (2) or more
designees to serve as hearing officers. The salary and reasonable expenses for
the designees’ services shall be shared equally by the NFL and the NFLPA.
Notwithstanding the foregoing, the Com-missioner may serve as hearing officer
in any appeal under Section 1(a) of this Article at his discretion.
(b) Representation.
In any hearing provided for in this Article, a player may be accompanied by
counsel of his choice. The NFLPA and NFL have the right to attend all hearings
provided for in this Article and to present, by testimony or otherwise, any
evidence relevant to the hearing.
(c) Telephone
Hearings. Upon agreement of the parties, hearings under this Article may be
conducted by telephone conference call or videoconference.
(d) Decision.
As soon as practicable following the conclusion of the hearing, the hearing
officer will render a written decision which will constitute full, final and
complete disposition of the dispute and will be binding upon the player(s),
Club(s) and the parties to this Agreement with respect to that dispute. Any
discipline imposed pursuant to Section 1(b) may only be affirmed, reduced, or
vacated by the hearing officer, and may not be increased.
(e) Costs.
Unless the Commissioner determines otherwise, each party will bear the cost of
its own witnesses, counsel and other expenses associated with the appeal.
(f) Additional
Procedures for Appeals Under Section 1(a).
(i) Scheduling.
Appeal hearings under Section 1(a) will be scheduled to commence within ten
(10) days following receipt of the notice of appeal, except that hearings on
suspensions issued during the playing season (defined for this Section as the
first preseason game through the Super Bowl) will be scheduled for the second
Tuesday following the receipt of the notice of appeal, with the intent that the
appeal shall be heard no fewer than eight (8) days and no more than thirteen
(13) days following the suspension, absent mutual agreement of the parties or a
finding by the hearing officer of extenuating circumstances. If unavailability
of counsel is the basis for a continuance, a new hearing shall be scheduled on
or before the Tuesday following the original hearing date, without exception.
(ii) Discovery.
In appeals under Section 1(a), the parties shall exchange copies of any
exhibits upon which they intend to rely no later than three (3) calendar days
prior to the hearing. Failure to timely provide any intended exhibit shall
preclude its introduction at the hearing.
(iii) Record;
Posthearing Briefs. Unless the parties agree otherwise, all hearings
conducted under Section 1(a) of this Article shall be transcribed. Posthearing
briefs will not be permitted absent agreement of the NFL and NFLPA or the
request of the hearing officer. If permitted, such briefs shall be limited to
five pages (single-spaced) and must be filed no later than three (3) business
days following the conclusion of the hearing.
Section
3. Time Limits: Each of the time limits set forth in
this Article may be ex-tended by mutual agreement of the parties or by the
hearing officer upon appropriate motion.
Section
4. One Penalty: The Commissioner and a Club will not
both discipline a player for the same act or conduct. The Commissioner’s disciplinary
action will preclude or supersede disciplinary action by any Club for the same
act or conduct.
Section
5. Fine Money:
(a) Fines will be deducted at the rate of
no more than $2,500 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. For the 2016–2020 League
Years, the amount will increase from a rate of $2,500 to $3,500 from each pay
period.
(b) For any fine imposed upon a player
under Section 1(b), no amount of the fine will be withheld from the player’s
pay pending the outcome of the appeal, except that if: (i) the fine is imposed
on or after the thirteenth (13th) week of the regular season; (ii) the player
or the NFLPA does not timely appeal; or (iii) the hearing on a fine imposed for
conduct occurring through the thirteenth (13th) week of the regular season is
delayed by the player or the NFLPA for any reason beyond the time provided for
in Section 2(b) of this Article, the full amount of the fine shall be promptly
collected.
(c) Unless otherwise agreed by the
parties, fine money collected pursuant to this Article shall be allocated as
follows: 50% to the Players Assistance Trust and 50% to charitable organizations
jointly determined by the NFL and the NFLPA. In the absence of said joint
determination, the NFL and the NFLPA shall each determine a charitable
organization or organizations to which half of the second 50% shall be
allocated.
