The Atlanta Falcons Football Club LLC et al v. The National Football League Players Association et al

Filing 1

COMPLAINT filed by The Atlanta Falcons Football Club and The National Football League Management Council. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 113E-3805221.) (Attachments: # 1 Exhibit -A Part 1, # 2 Exhibit -A Part 2, # 3 Exhibit -A Part 3, # 4 Exhibit -A Part 4, # 5 Exhibit -B, # 6 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA

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)
THE ATLANTA FALCONS FOOTBALL )
CLUB LLC and
)
THE NATIONAL FOOTBALL LEAGUE )
MANAGEMENT COUNCIL,
)
)
Plaintiffs,
)
)
vs.
)
)
THE NATIONAL FOOTBALL LEAGUE )
PLAYERS ASSOCIATION, RODERICK )
COLEMAN, WILREY FONTENOT,
)
TONY GILBERT, KINDAL
)
MOOREHEAD, STANLEY PRITCHETT, )
KARON RILEY, BRETT ROMBERG,
)
JASON WEBSTER, and DEZ WHITE,
)
)
Defendants.
)
)

No.

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CIVIL ACTION COMPLAINT
This is an action to confirm and enforce an arbitration award pursuant
to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 et

seq.

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JURISDICTION AND VENUE

1.

This Court has subject matter jurisdiction over this matter under

28 U.S.C. § 1331 and 29 U.S.C. § 185(c).
2.

Venue is proper in this District pursuant to 29 U.S.C. § 185(a)

and 28 U.S.C. § 1391.
PARTIES

3.

The Atlanta Falcons Football Club LLC ("Falcons") is one of

the member clubs of the National Football League ("NFL") with its principal
place of business in Flowery Branch, Georgia.
4.

The National Football League Management Council ("NFL

Management Council") is the sole and exclusive bargaining representative of
present and future employer members clubs of the NFL.
5.

Roderick Coleman, Wilrey Fontenot, Tony Gilbert, Kindal

Moorehead, Stanley Pritchett, Karon Riley, Brett Romberg, Jason Webster,
and Dez White, collectively "the Players," are professional football players
who were employed by the Falcons in Flowery Branch, Georgia.
6.

The National Football League Players Association ("NFLPA")

is the exclusive bargaining representative of all NFL Players. The NFLPA
regularly represents players employed in the Northern District of Georgia,
and some of its members reside in this judicial district.

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FACTS

7.

The parties are bound by a Collective Bargaining Agreement

("CBA") negotiated between the NFL Management Council (on behalf of the
NFL member clubs, including the Falcons) and the NFLPA (on behalf of all
NFL players, including the Players). Relevant portions of the 2006-2012
CBA are attached hereto as Exhibit A.
8.

The CBA contains an arbitration provision that mandates that all

of the disputes between the parties involving interpretation of, application of,
or compliance with the CBA or the NFL Player Contract be submitted to
final and binding arbitration before a mutually selected arbitrator. Ex A. at
23-27.
9.

All NFL Players employed by a member club must enter into an

NFL Player Contract, which is incorporated in and governed by Article XIV
and Appendix C of the CBA. See id. at 40-44, 248-56.
10.

The Players all entered into an NFL Player Contract with the

Falcons setting forth the terms of their employment. The Players' contracts
with the Falcons contained an arbitration provision requiring "any dispute"
between the Players and the Falcons "involving the interpretation or
application of any provision" of their contracts to "be submitted to final and

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binding arbitration" in accordance with the procedure set forth in the CBA.

Id. at App. C, ~ 19.
11.

Each contract provided that the contract was "made under and

shall be governed by the laws of the state of Georgia." The contracts also
contained a clause governing the resolution of disputes concerning workers'
compensation claims, which stated:
The parties hereto acknowledge that this Player
Contract has been negotiated and executed in
Georgia; that should any dispute, claim or cause of
action (collectively "dispute") arise concerning the
rights or liabilities arising from the relationship
between Player and the Club, the parties hereto
agree that the law governing such dispute shall be
the law of the State of Georgia. Furthermore, the
exclusive jurisdiction for resolving injury related
claims shall be the Division of Workers'
Compensation of Georgia, and in the case of
Workers' Compensation claims the Georgia
Workers' Compensation Act shall govern. I
12.

In 2010 and 2011, the Players all filed claims for workers'

compensation benefits with the California Workers' Compensation Appeals
Board ("WCAB") seeking benefits under the California Workers'
Compensation Act.

Some of the Players signed a contract that contained a provision with
slightly different, but materially the same, language.
I

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13.

The Falcons and the NFLMC filed grievances pursuant to the

CBA against the Players between September 1, 2010 and July 1, 2011,
claiming that the Players had breached their contracts by filing claims for
California workers' compensation benefits.
14.

The grievances sought an order requiring that the Players cease

and desist from pursuing their workers' compensation claims against the
Falcons in California and under California law and/or requiring that the
Players withdraw their California workers' compensation actions against the
Falcons with prejudice. The NFLPA denied the grievances.
15.

On September 22, 2011, an arbitration hearing was held in New

York, New York before Arbitrator Michael Beck. All parties were
represented by counsel.
16.

On February 23,2012, Arbitrator Beck issued a written final

award ("Award"), which is attached hereto as Exhibit B.
17.

In relevant part, the Award states as follows: "1. Players

Roderick Coleman, Wilrey Fontenot, Tony Gilbert, Kindal Moorehead,
Stanley Pritchett, Karon Riley, Brett Romberg, Jason Webster, and Dez
White violated their individual NFL Player Contracts by filing and
processing claims for workers compensation benefits in California. II.
Therefore, it is ordered that the above named Players cease and desist from

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the pursuit of workers' compensation benefits in the State of California
through the withdrawal of their claims before the applicable tribunal. If the
Players are to pursue workers compensation claims, they are ordered to do so
pursuant to the language set forth in their individual NFL Player Contracts."
Ex. B at 11-12.
18.

Under Article IX, Section 8 of the CBA, the Award constitutes

the "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 ...
" Ex A. at 26.
19.

To date, the Players' claims seeking workers' compensation

benefits under California law remain pending before the WCAB.

COUNT I - CONFIRMATION OF ARBITRATION AWARD
1.

Plaintiffs repeat and reallege Paragraphs 1-19 as if set forth fully

herein.
2.

Plaintiffs seek to confirm and enforce the Award. The Award

draws its essence from the parties' agreements, as the Arbitrator interpreted
the terms of the CBA and the Players' contracts and looked to and applied
binding NFL arbitration precedent comprising the parties' "law of the shop."

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3.

Plaintiffs are entitled to confirmation and enforcement of the

Award and entry of judgment in conformity with the Award pursuant to the
Labor Management Relations Act, 29 U.S.C. § 185.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs, the Atlanta Falcons Football Club LLC and
the National Football League Management Council, respectfully request that
this Court enter an Order:
a)

confirming and enforcing the Award;

b)

declaring that the Players' contracts require the Players to file
any and all workers' compensation claims pursuant to the law
of the State of Georgia and exclusively before the Division of
Workers' Compensation of Georgia;

c)

requiring the Players to cease and desist the pursuit of their
workers' compensation claims in the state of California through
the withdrawal of such claims and ordering the Players to
comply with their contracts;

d)

awarding Plaintiffs their attorneys' fees and costs in bringing
this action; and

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e)

providing Plaintiffs with such and other further relief as the
Court deems proper.

Respectfully submitted,

/s/ Darrick L. McDuffie
S. Stewart Haskins
[e-mail]
Georgia Bar No. 336104
Darrick L. McDuffie
[e-mail]
Georgia Bar No. 490248
KING & SPALDING LLP
1180 Peachtree Street
Atlanta, Georgia 30309
[phone]
[phone] (fax)
Attorneys for Plaintiffs

Dated: March 5,2012

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