NFL, Union Near Deal To Strip Roger Goodell Of Disciplinary Power

DeMaurice Smith, executive director of the NFL Players Association (NFLPA) union, has stated after over a year of litigation over how the NFL investigates and deals out punishment to its players, that league officials and the union are now getting closer to a deal that would force NFL Commissioner Roger Goodell to give up his power over off-the-field player discipline.

NFL, Union Near Deal To Strip Roger Goodell Of Discipline Power

No deal has yet officially been reached, as several obstacles still remain. Nevertheless, Smith has stated that he feels optimistic about an agreement, even if it won’t come soon.

“We’ve been talking about changes to the personal conduct policy since October and have traded proposals,” said Smith, as he traveled to the Players Association’s annual meetings in Hawaii. “We looked at the league’s proposal for neutral arbitration. There is a common ground for us to get something done.”

NFL team owners will meet next week in Orlando.

Under the current system, which was lined out in the most recent collective bargaining agreement, Goodell serves as both judge and jury in cases pertaining player behavior. However, in the past year and a half, Goodell’s decisions in the high-profile cases of Ray Rice, Adrian Peterson and Tom Brady have all been overturned either in court or by a retired judge who served as an arbitrator. In the latter two cases, the NFL appealed to the U.S. Court of Appeals in the Second and Eighth circuits, respectively.

One potential new rule that has been discussed is that of having three neutral arbitrators serving as hearing officers, according to sources familiar with the issue. These arbitrators would act as lawyers or former judges and would have some background in football. However, it remains to be seen exactly how the arbitrators would be selected. On certain multi-arbitrator panels, each side chooses one arbitrator and then those two arbitrators select a third together.

“I want to get to a better discipline situation,” Goodell said. “I have had discussions with the [players’] union…. The courts are not where we should be having these discussions.”

The current system runs through the 2020 season, and Smith said that if the NFL asked for an extension to the current collective bargaining agreement in exchange for changes in the discipline process, players would probably refuse to agree. NFL players might even demand a higher share of revenues next season given the league’s financial situation.

“It’s a player decision with what they want to do, but I can’t imagine there is any appetite to agree with any proposal that doesn’t wrap up all the litigation,” Smith said. “We can either continue to litigate or reach a collectively bargained conclusion.”

Caption:BALTIMORE, MD – SEPTEMBER 28: DeMaurice Smith (L), Executive Director of the NFLPA, speaks with Baltimore Ravens owner Steve Bisciotti (R) before a game against the Carolina Panthers at M&T Bank Stadium on September 28, 2014 in Baltimore, Maryland. (Photo by Larry French/Getty Images)