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.

Exhibit A
(Part 3 of 4)

Article 1X, Non-Injury Grievance

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 ds:ys of the filing of the grievance. In addition, the NFLPA and the Management Council win each have the right of
immediate appeal and hearing Within sellen days with re5Flecc to four gdev.:.
ances of their res,pective choice e. ch calendar year. The arbittator(s) desiga
nated to hear su~h grievances will issue their decision(s) within five days of
the completion of the hearing. Prehearing briefs may be filed by either party and, if filed. will be exchanged pnor to hearing.
Section 5. Discovery: No later than ten 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 days prior to the hearing will preclude the noncomplying 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 [0 introduce those it desires into evidence, except that relevant documents submitted to the opposing party less than ten days before the hearing will be
adTl'rissible provided that the proffering party and [he custodian(s) of the
documents made a good faith effott [0 obtain (or discover the existence 00
said documents or that the document's relevance was not discovered until
the hearing date. In d1e case of an expedited grievance pursuant to Section
4, such documentary evidence shall be exchanged on or before two days
prior to the h~ring unless the arbitrator indicates otherwise.
Section 6. Arbitration Panel: There will be a panel of four arbitrators,
whose appOintment must be accepted in writing by the NFLPA and the
Management Council. The parties will designate the Notice Arbitrator within ten 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 [he procedures
of this Section. Either party to this Agreement may discharge a member of
the arbicranon panel by serving written notice upon the arbitrator and the
other pany 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
business days to discharge any other arbitrator. If [he panies are unable to
agree on a new arbitrator within thirty days of any vacancy, the Notice Arbitrator shall submit a list of ten qualified and experienced arbitrators to the
NFLPA and the Management Council. Within fourteen days of the receipt
of the list, the NFLPA and the Management Council shall select one arbi~

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Article lX, Non-Injury Grievance

trator from the list by alternately suiking names until only one remains,
with a coin flip determining the first strike. The next vacancy occuning 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 patty 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

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hearing dates per year, exclusive of the period July 15 through September
10 for non-expedited cases, for use by the panies to this Agreement. Upon
beIng appointed, each arbitrarorwill, after consultation with the Notice Arbitrator, provide to the NFLPA and the Management Council specified
hearing dares for such ensuing period, which process will be repeated on
an annual basis thereafter. The parries will notify each arbitrator thirty 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 parnes agree otherwise. If a grievance is set
for hearing and the hearing date is then postponed by a party within thitty
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 thitty 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-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 wimess is unable to attend the hearing. the party offering the testimony shall infonn the other party of the identity and unavailability of the
witness to attend the hearing. At the hearing or within fourteen days thereafter, the party offering the testimony of the unavailable witness must offer
the other patty two possible dates within the next forty-five days to take the
witness' testimony. The other patty shall have the opponunity to choose
the date. The record should be closed sixty days after the hearing date unless mutually extended notwithstanding any patty's failure to present posthearing 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 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

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Article IX, Non-Injury Grievance

issue, in which cases briefs will not be submitted. Briefs must be submitted to the arbitrator postmarked no later than sixty days after receipt of the
last transcript.

Section 8. Arbitrator's Decision and Award: The arbitrator will issue a
written decision within thirty days of the submission of briefs, but in no
event shall he consider briefs filed by either party more than sixty days after recei.pt 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 patties 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 pa~ a stay of suspension pending de~
cision, a cease and desist order, a credi.t 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 XlII (Committees), Section ICc).
In the evenr 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 StreetJoumal 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~month period.
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 me Management Council. as the case may be, after notifying [he other parry 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 ac~
companied 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 arbirrator and the transcript costs, will be borne equally between the
parties. Notwithstanding the above, if the hearing occurs in the Club city
and if the arbitrator finds liability on the pan of the Club the arbitrator shall
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Article IX, Non-Injury Grievance

award the player reasonable expenses incurred in traveling [0 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 days of the receipt of the award to the player or jointly
to me 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 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 Wan StreetJoumal as of February 1 (or next date published) of each year, and such rate shall apply to the interest awarded during each subsequent twelve-monm 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.

Section 13. Grievance Settlement Committee: A grievance settlement
committee consisting of the Executive Director of the NFLPA and the Execurive Vice President for Labor Relations of the NFL shall have the authority to resolve any grievance filed tmder 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 [he 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 mis
Article, and no grievance may be resolved pursuant co this Section once an
arbitration hearing has been convened pursuant to Secdon 7 hereof.

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Article XIv, NFL Player Contract

ARTICLE XIV

NFL PLAYER CONTRACT
Section 1. Form: The NFL Player Contract form attached hereto as Appendix C will be used for all player signings. This form cannot be amended
withou [ the approval of the Management Council and the NFLPA.
Section 2. Tenn: The NFL Player Contract shall expire on the last day of the
last League Year subject to such Contract.
Section 3. Changes:
(a)
Notwithstanding Section 1 above, changes may be agreed to between a Club and a player in a player's contract or contracts consistent with
the provisions of this Agreement and the Settlement Agreement.
(b)
The NFl.. Player Contract shall provide that, ocher than any rights
the player may have as a member of the class in White v. NFL, No. 4-92-906
(D. Minn.) to object to the Settlement Agreement during its review by the
District Coun, the player waives and releases any claims: (i) arising out of,
related to, or asserted in that action; and (ii) for conduct engaged in pursuant to the Settlement Agreement during the express term of the Serdement Agreement.
Section 4. Confonnity: All Player Contracts signed prior to the execution
of [his Agreement and in effect during the term of thls Agreement shall be
deemed amended in such a manner to require the parties to comply with
the mandatory terms of this Agreement and the Settlement Agreement.
Section 5. General, Notices, Prohibitions, etc.:
(a)(O Any agreement between any player and any Club concerning
terms and conditions of employment shall be set forth in writing in a Player Contract as soon as practicable. Each Club shall provide to the NFLMC
a copy of each such Player Contract within two days of the execution of
such contract by the player and the Club. The NFLMC shall provide to the
NFLPA a copy of each executed Player Contract it receives from a Club
within two business days of its receipt of such Player Contract. It is anticipated that each Club will send a copy of each such Player Contract to the
NFLMC by overnight mail the day it is so executed, and the NFLMC will
send a copy of such copy to the NFLPA by overnight mail the day it is so
received. The NFLMC shall provide to the NFLPA any salary information
received from a Club which is relevant to whether such Player Contract
complies with Article XVII (Entering Player Pool) and/or Article XXIV (Guaranteed League~wide Salary, Salary Cap Cst Minimum Team Salary), within
two business days follOwing the NF[s receipt of such infonnation. Promptly upon but no later than twO business days after the signing of any Veteran with less than three Accrued Seasons to a Player Contract, the signing
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Article XlV, NFL Player Contract

Club shall notify the NFLMC, which shall notify the NFLPA of such
signing.
ell) In the event that an Unrestricted Free Agent signs a Player Conrract
with a Club other than his prior Club between July 5 and]uly IS, the Player or his Agent shall prompcly notify the Players Association, which will
promptly notify the NFLMC in writing, and the New Club shall promptly
notify the NFLMe, in writing, of such signing. If neither the NFLMC nor
the Players Association has received any such written notice prior to midnight on July 15, such Player Contract shall be deemed not to have been
Signed within the Signing period prescribed by Article XIX. Section 1(b)(i).
(b)
Any agreement between any player or Player Afilliate and any
Club or Club Affiliate prOviding for the player to be compensated by £he
Club or Club Affiliate for non-football-related services shall be set forth in
writing and disclosed and provided to the NFLMC within five business
days of the execution or making of the agreement. The NFLMC shall provide such information to the NFLPA within twO business days of the receipt
of such infonnation.
(c)
No Club shall payor be obligated to pay any player or Player Mfiliate (not including retired players) other than pursuant to the terms of a
signed NFL Player Contract or a contract for non-football related services
as described in Section 5(b) above. Nothing comained in the immediately
preceding sentence shall interfere with a Club's obligation to pay a player
deferred compensation earned under a prior Player Contract.
Cd)
During the period any Salary Cap is in effect, in addition to any
rights a Club may presently have under the NFL Player Contract, any Player Contract may be terminated if, in the Club's opinion, the player being
tenninated is anticipated to make less of a contribution to the Club's ability to compete on the playing field than another player or players whom the
Club intends to sign or attempt to sign, or another player or players who is
or are already on the roster of such Club, and for whom the Club needs
Room. This Subsection shall not affect any Club or Club Affiliate's obligation to pay a player any guaranteed consideration.
(e)
No Player Contract may contain any individually negotiated provision transferring any player intellectual property rights to any Club or
Club Affiliate or any Club sponsor.
(t)
No Club or player may agree upon any Player Contract provision
concerning the termination of the contract that is inconsistent with the
terms of this Agreement (including but not limited to the NFL Player Contract, Appendix C hereto), or the provisions of the NFL Constitution and
Bylaws which are appended to the Side letter dated July 24, 2006 from
Harold Henderson to Eugene Upshaw, as they were operative and administered at the beginning date of the 2006 League Year (except any provisiOns
relating to the 1982 CBA, which have been superseded by this Agreement).
The parties disagree and reserve their rights with respect to whether a Player Contract may contain a commitment by the Club not to send a Qualify-

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Article XIv, NFL Player Contract

ing Offer to an eligible player or not to designate a player as a Franchise or
Transition player.

Section 6. Commissioner Disapproval:
(a)
If the Commissioner disapproves a Player Contract for any reason, he must inform dIe NFLPA in writing of the reasons therefore by noon
on the date follOwing such disapproval.
(b)
In the event the Commissioner disapproves any Player Contract
as being in violation of the Salary Cap or Entering Player Pool, or any other
provision of the Settlement Agreement or corresponding provision of this
Agreement, the filing of an appeal of such disapproval pursuant to Article
XV; Paragraph 5 or Article XXII, Paragraph 1 of the Settlement Agreement,
or Article xxv, Section 5 or Article XXVI, Section 1 of this Agreement, shall
automatically stay the Commissioner's disapproval, and the player shall
continue to be free to practice and play for me Club, until the Special Master (or the District Court acting in lieu of the Special Master) issues its ruling. Provided, however, that in the event such Special Master appeal is filed
within one week of or after the first scheduled regular season game of the
Club: CO the appeal shall be conducted in an expedited manner and shall
the
be concluded within five days of the filing date of such appeal; and
Special Master shall issue his ruling by the end of such five-day period. Provided, further, that, in the event the appeal is filed after the Club's first preseason game, but before the date one week before the Club's fus[ scheduled regular season game: (0 the appeal shall be conducted in an expedited manner and shall be concluded within ten days of the filing date of such
appeal; and (ill the Special Master shall issue his ruling by the end of such
ten-day period. If [here is no ruling by the end of the periods prescribed in
the preceding two sentences, or, for earlier filed appeals, by the day following the Club's third pre-se~on game, the automatic stay shall be dissolved.
If the Commissioner disapproves a Player Contract for any of the reasons
stated above on a second occasion for the same player during a given
league Year, and determines that such player should not be able to play,
there shall be no stay of such disapproval pursuant to this agreement, unless it is determined that the Commissioner's second disapproval is arbitrary or capricious. This agreement shall not prejudice or affect in any way,
or constitute a waiver with respect to, any rights of class members to seek
a stay or injunctive relief before the Disnict Court, pursuant to the Federal
Rules of Civil Procedure; nor shall it prejudice or affect in any way the rights
of the NFL to oppose, or the arguments of the NFL in opposition, to such
a stay.

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Section 7. NFLPA Group licensing Program: The NFL Player Contract
shall include, solely for the administrative convenience and benefit of the
player and the NFlPA, the provision set fonh in Paragraph 4(b) of the NFL
Player Contract (Appendix C hereto), regarding the NFLPA Group Ucens42

Article XIv, NFL Player Contract

ing Program. Neither the League nor any Club is a party to, or a beneficiary of, the terms of that provision. No Club may enter into any agreement
with a Player or a Player Affiliate that is inconsistent with any righrs granted to the NFLPA pursuant to Paragraph 4(b) of the NFL Player Contract;
provided that this sentence is not intended and shall not be construed to
override or restrict the rights granted to the Club and the League pursuant
to Paragraph 4(a) of the NFL Player Contract.

Section 8. Good Faith Negotiation:
(a)
In addition to complying with specific provisions in this Agreement, any Club or player engaged in negotiations for a Player Contract (including any Club extending, and any player receiving, a Required Tender)
is under an obligation to negotiate in good faith.
(b)
A Club extending a Required Tender must, fOT so long as that
Tender is extended, have a good faith intention to employ the player receiving the Tender at the Tender compensation level during the upcoming
season. It shall be deemed to be a violation of this provision if, while the
tender is outstanding, a Club insists that such a player agree to a Player
Contract at a compensation level during the upcoming season below that
of the Required Tender amount. The foregoing shall not affect any rights
that a Club may have under the Player Contract, under this Agreement, or
under the Settlement Agreement, including but not limited to the right to
terminate the contract, renegotiate the contract, or to trade the player if
such termination, renegotiation, or trade is otherwise permitted by the
Player Contract, this Agreement, or the Settlement Agreement.
Section 9. limitations on Salary Forfeitures:
(a)
No forfeitures of signing bonuses shall be permitted, except that
players and Clubs may agree: (0 to proportionate forfeitures of a signing
bonus if a player voluntarily retires or willfully withholds his services from
one OT more regular season games; and/or (ii) that: if a player willfully takes
action that has the effect of substantially undennining his ability to fully
participate and contribute in either pre-season training camp or the regular
season (including by willfully withholding his services in either pre-season
training camp or during the regular season or willfully missing one or more
games), the player may forfeit the greater of: (a) 25% of the prorated portion of his signing bonus for the applicable League Year for [he first time
such conduct: occurs after the beginning of training camp until the end of
the season for his Club, and the remaining 75% prorated portion of his
signing bonus for the applicable year for the second time such conduct occurs during that period that year; or (b) the proportionate amount of his
signing bonus allocation for each week missed (1/1 7th for each regular season week or game missed).
(b)
If a player with a signing bonus forfeiture clause voluntarily retires and misses the remainder of the season, and the player then reports

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Article XIv, NFL Player Contract

back to the Club in the subsequent season, chen the Club must either (0
take the player back under his existing contract with no forfeiture of the remaining proportionate signing bonus allocation, or (ii) release the player
and seek repayment of any remaining proportion of the signing bonus allocated to future League Years.
(c)
No forfeitures pennitted (current and future contracts) for sign~
ing bonus allocations for years already perfonned, or for other salary escalators or perfonnance bonuses already earned.
(d)
A playet's right to receive andlor retain a signing bonus may not
be conditioned on the player's participation in voluntary off-season pro~
grams or voluntary minicamps. or for adverse public statements, provided
that the Club may have non-prorarable parricipation bonuses for irs off~sea­
son workout program.
(e)
Player Contracts may not contain individually negotiated provisions for forfeiture relating to violations of the Policy on Anabolic Steroids
and Related Substances or the NFL Policy and Program for Substances of
Abuse (which policies will address this issue), or for failing any drug test.
CD
Except as provided above, existing contract forfeiture provisions
entered into before the end of the 2005 regular season will be in full force
and effect for the duration of the current contract, and any extensions resulting solely from effectuation of existing contract provision (e.g., option
years). If a Player Contract with a forfeiture provision entered into before
the end of the 2005 regular season is otherwise extended or renegotiated,
the amoum of Salary agreed [0 in the contract prior to its extension or renegotiation shall be subject to forfeiture to the same extent as provided prior
to such extension or renegotiation.
(g)
For purposes of this Section 9, the [enns "proportionate forfeitures" and "proportionate amount" mean III 7th of that year's signing
bonus allocation for each regular season week or game missed.

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