Aug 3, 2015|
Nick Pollard, attorney for the Boston-based firm Sandulli Grace, discusses the possible outcomes for the lawsuit between Tom Brady and the NFL
Transcript - Not for consumer use. Robot overlords only. Will not be accurate.
The news you need. Live from boston.com newsroom it's the boston.com morning show on the voice of Boston W. RK okay. It's 934 welcome back every line and the articles. Were you to Boston Globe yesterday about them for an appeal. Yeah obviously. Chock full of info. So it looks like it'll mean the appeal itself as compelling. But that in the nickel get to why not sure holds up the court to them you write on don't you dare violate my ruled today which is on his birthday. Lonely optimism that you the only rule. Are Gisele jumping out of it yeah that's exactly who's to say right. Picked Pollard is an attorney for the Boston at least. Forbes and Billy grace and he's joining us this morning. Now nick tread with tread lightly here because Dave our producer he's got a thing for Tom Brady on his special his birthday he says a few. So would you say it down the the article that was written I'm sure you probably ready yesterday on the front page of the paper. Was that accurate case looks strong but the courts are pretty reluctant to overturn these kinds of cases. Yep I think that's basically the gist of it just as a general rule federal courts are very wary about overturning. Arbitrators awards and despite the fact that. This arbitration with so unique and in the NFL players association and an insult contract. Provide for such an odd. Or which ration system it's still entitled to a high degree of deference by the courts. What about the fact that the Brady camp we know knicks have a TARP on a couple things one. That the NFL conducted a fundamentally unfair arbitration proceeding that the law shop principle maybe requires fair and consistent treatment and all player discipline. To those two got up in court. Well I think I think that they're strong argument the strongest argument was this missile all of the shop argument that date made. That essentially tied to the kind of took notice. Debris where is record in the NFL PA cannot afford it. I'm because he wasn't in new reason to know what the punishment for being generally aware that the balls were dissuaded which carry. So I think they do their strongest argument if it's me ruling I'm seeing I'm buying into that argument that this was procedurally flawed for a number of reasons that being. The most important. But that's really what they've got to hang their hat on all the extraneous things to include in their complaint. Our arguments and facts aren't going to fly if they're going to win it's going to be on their procedural argument. OK and I would understand that procedural arguments are seeger saying that. I guess that Tom Brady. Would of assumed that some kind of infraction like that would be 25000 bucks not for games in all all the rest. Now the right they'll notify you. Right and into where or do we get a cookie would be saying is that if you was to be suspended under policy the policy that he would have been suspended under. Where is one that carries only fines and there have been no reason for me to believe it did his behavior would have. Warranted a suspension. So in all collective bargaining agreements there's kind of this. Implied noticed requirement that employees be aware of what punishment. It's which crime you don't know what you're doing what it is that you're doing wrong and what the consequences of that art. And yet it'll be essentially that say how could anyone have known that being generally aware that all for being awaited. Would justify a court date or four game suspension. How troublesome is it for the NFL that there lead counsel Jeffrey passion. Reviewed and commented on the wells report before it's released to the public. Well I mean that it looks worse I'm not entirely sure how much stock in judges going to put into that. I'm but it certainly I think the way it helps greedy is there were very. They're very careful to create a narrative in their complaint. And essentially the narrative is this sham from the beginning and head barely even the appearance of of impartiality. Sort I think it really underlines their basic theory of the case more than it actually adds a substantive argument. But I mean it that's not to say it's it's completely out value CD keep it doesn't look bad but again I think it really just helps from a a dramatic war. Optical. Argument centrally. Only does that union have a leg to stand up when you start talking about impartiality. Because they gave that up in collective bargaining essential right. And that's that's the major issue the major issue is that. Commissioner has insane amount of authority when it comes to living out punishment for conduct that hurts the week and what. Underscores that isn't there are categories of punishment where the pure processes more robust and there is actually a requirement that a neutral third party review to disappoint. In cases of of domestic policy for instance there's there's more procedure. Four repealed that doesn't just involve asking Roger Goodell he's really sure that that's what he wants to do. And the fact that there's the absence of those procedures in case like this. The inference there is that the both parties the collective bargaining agreement one of the commissioners have this kind of authority. And now the union can't come to an arbitrary here and ask for him to essentially over two to. Overt or undo what they've bargained for and at the garden that the NFL is going to make they're going to that you could actually meet the detonate got a sweet and. Right right. You do a lot of union work is that correct that. That's correct we do exclusively. Union side labor work. OK so so now I realize this has got nothing to do with what's gonna happen Tom Brady here but. Would you be advising their players' union to have rethink that down the road. Oh absolutely absolutely no no one. No union with supporting power you have another system would want. This system of appeals that the big NFL PA has train certainly if any of our clients were offered system by which their final. Means repealing discipline was to ask the same person who lets you doubt that discipline. Once they stop laughing they would reject edit and. The old world. It really you can't maybe answers but with the players who have given a time when it Martin didn't care because it was all about finances. Didn't care about that issue the senator Jeff Saturday is one of the union leaders say you know but the that the title was an important to us we got bet they get bad advice aria. Until I mean it really is it's a combination of matter their priorities I would imagine that there's something be said for that they've they've thought that they really only had the the capital to go after her. We just sort of it was important them. They might just not have had the boring straight and they might have been shortsighted and discipline wasn't an issue for them at the time so they didn't think about what. What a monster they could be creating by different condition this much authority it really is unclear. Would you agree that the destroying the cell phone is a bad look for Brady and it's not necessarily a red Herring. It it's an incredibly bad look at and I understand that his response that in the part of his practice that the Brothers privacy which. It makes perfect sense. But at the same time if you're being investigated and you know that your phone may contain evidence pertinent to an investigation. Destroying it for any reason no matter how innocent. Is going to look atrocious I mean news ending need the NFL. A major talking point. Right before. This turns over to a judge it a good look at all. And gives them a salient facts you go from the ridiculous to the supply of at least now they have a fact right. Right. Right wind and as we mentioned before it defect is ridiculous is that sound. The fact of the vote the underlying dispute that has depleted balls. Org to be that relevant because errors of fact. Arnott is not a ground by which arbitrator's award can be overturned so you know this is no matter. Brady and the players association. Proving that figured oh it that detail in the Welsh support were incorrect it is at. To be more at net because he could be 100% wrong and he would still be entitled to you have this award. Orders to discipline. Appel. Nick not not Tom Brady but the players union what's the long term effect here. Well I mean I think if this doesn't give them the onus to you blow up this system. Disciplinary appeals and nothing will I think this has to be their next focus and hit their next job gets done. I'm when it's time Q2 bargain again. And he should be instructive to the players. That no matter. Who the commissioner is it's unwise to do this type of disciplinary. Discretion to anyone in management. Level position. And that goes that's that's true for any workplace and I think it'll be it's gonna learn that the hard way through this and hopefully they come out. I'm wiser on either end of it and can get another system that's a more robust put in place. But is this a precedent setter for the union now and will they be facing more of these kinds of issues. Well I mean it's it's it's so. This is such as seen me. Case that it would be difficult to think of another set of fact. That this would have presidential value for. Because these cases of discipline or so so much ranging in uniquely tailored to its the fact that each player's case it's hard to draw any inferences I mean I know that Villa on the attorneys for the union and Brady were trying to and apologized to indicate to you Adrian Peterson's. You know but the facts and the underlying conduct and the policies under which they were suspended. Pursued different that it's kind of difficult that the talks about what this means going forward for another set of disciplines right from a different set of facts. Before Deutsche go one quick question about the mediation sessions August 12 and August 19 of their it was just PR stop shall let anything get done do you think. I mean I think the charge saw. And saw the complaint and listen to what the leak was saying the press and so I need to at least try to do something to do to calm everybody down. And effectively. It's gonna have no impact at this point both sides that if gone far to forward it to CC and settlement seems like there's a lesson here percent chance that hasn't. All right nick Pollard thank you so much for joining us this morning thanks for having me.