By Joseph Baublitz, Staff Writer
Tom Brady, National Football League (NFL) superstar, is just like many people: He does not like his boss. Brady learned the hard way that star employees are still subject to discipline by their employer, especially when that employer wants to flex its authoritative muscle. After a lionized labor and employment legal bout, Brady served a four-game suspension for his actions that led to deflated footballs being used during an American Football Conference (AFC) Championship Game.
Entering the league in 2000, Brady was a late-round draft pick by the New England Patriots.[1] The one-time underdog has become one of the most prolific quarterbacks in NFL history, as he is top five in passing yards and passing touchdowns,[2] while also being one of three quarterbacks with four Super Bowl rings.[3] He has reached the apex of stardom, making this case high-profile.
On May 11, 2016, the NFL Commissioner Roger Goodell ruled: Brady is suspended without pay for four games.[4]
A cool January night in Foxboro, Massachusetts, laid the foundation of the issue at-hand. The New England Patriots were taking on the Indianapolis Colts for the right to play in the Super Bowl. This 2015 matchup seemed to be an innocuous 45-7 blowout victory for the Patriots, the largest AFC Championship Game win since 1990.[5] Nonetheless, controversy struck when reports emerged that the footballs used by the Patriots were underinflated.
The NFL investigated the reports and found that 11 of the 12 footballs were, in fact, underinflated.[6] Independent prominent attorney Ted Wells launched an investigation into the matter and found that it was likely that a locker room attendant and an equipment manager for the Patriots tampered with the footballs. Additionally, the report noted that it was “more probable than not that Tom Brady was at least generally aware of the inappropriate activities” of the equipment manager and locker room attendant.[7] With these findings, the multibillion-dollar “nonprofit” suspended Brady for four games to start the 2015 season.[8] The employee fought back.
[pullquote]We must simply ensure that the arbitrator was ‘even arguably construing or applying the contract and acting within the scope of his authority’ and did not ‘ignore the plain language of the contract.’[/pullquote]
On May 14, 2015, the NFL Players Association filed an appeal, believing that the NFL was inconsistent with its disciplinary decisions.[9] Two months later, the NFL upheld the suspension; Goodell, however, did not recuse himself from the role of arbitrator. Goodell cited Brady’s instruction to “his assistant to destroy the phone the very day he was interviewed by Ted Wells” as a major reason why the suspension was upheld.[10] Litigation ensued.
On Sept. 3, 2015, Judge Berman issued his decision: “Brady’s four-game suspension is vacated, effective immediately.”[11]
Natl. Football League Mgt. Council v. Natl. Football League Players Ass’n was the district court case that ruled on the issue. The two sides tried to reach a settlement, but Judge Berman determined that they were not close to resolving it on their own; therefore, he would make a judgment. Berman held that the Collective Bargaining Agreement (CBA) did not give adequate notice that Brady could be suspended for his actions and that the Commissioner acted unfairly in other respects.[12] For a fleeting moment, the employee won a battle against his employer. Brady was eligible to start the first game of the regular season for the Patriots.
Not to be out-done, on the same day that the district court issued its decision, Goodell announced that he would appeal the ruling.[13] The two parties filed their briefs; the stark contrast in their arguments was apparent. The NFL believed that Goodell had the final say as arbitrator, while the NFL Players Association believed that he acted outside his power.[14] The Court of Appeals, during oral arguments on March 3, 2016, was skeptical. The judges asked Brady’s attorney about the destruction of his cellphone and about the questioning of Goodell’s authority — as he derived his power to rule as an arbitrator in the CBA.[15]
The opinion was written by Judge Parker,[16] and the decision was centered around the CBA. “We must simply ensure that the arbitrator was ‘even arguably construing or applying the contract and acting within the scope of his authority,’” the court noted, “and did not ‘ignore the plain language of the contract.’”[17] The court continued to say that “as long as the award ‘draws its essence from the collective bargaining agreement’ and is not merely the arbitrator’s ‘own brand of industrial justice,’ it must be confirmed.”[18]
Unfortunately for Brady, the court ruled that the CBA “gives the Commissioner broad authority to deal with conduct he believes might undermine the integrity of the game.”[19] On April 25, 2016, the Second Circuit issued its ruling: “[W]e REVERSE the judgment of the district court and REMAND with instructions for the district court to confirm the arbitration award.”[20]
On the fleeting hope that the ruling would be overturned, Brady petitioned the court of appeals for an en banc rehearing, where all the judges from the circuit would sit. Brady’s petition was denied on July 13, 2016, as were his hopes to begin the 2016 NFL season as the Patriots starting quarterback. He did not pursue an appeal to the Supreme Court of the United States. Tom Brady, star employee, was suspended for four games.
Brady may not be your average employee, with a multimillion-dollar salary and celebrity stature, but he has a problem like many others: He does not like his boss. His employer attempted to punish him for actions that he may or may not have been aware of, and it ultimately succeeded, but Brady was able to use available legal tools to protect his rights as an American worker. This not-so-average labor and employment lawsuit shows the ugliness of what can happen when an employer and employee do not agree.
The Patriots went 3-1 during Brady’s absence, leading the AFC’s East Division. His first game back will be on Oct. 9 against the Cleveland Browns.
Sources
[1] 2000 NFL Draft, Pro Football Reference, http://www.pro-football-reference.com/years/2000/draft.htm (last visited Oct. 2, 2016).
[2] NFL Leaders, Football Records, NFL Leaderboards, Pro Football Reference, www.pro-football-reference.com/leaders/ (last visited Oct. 2, 2016).
[3] Super Bowl winning quarterbacks, Newsday, http://www.newsday.com/sports/football/super-bowl/super-bowl-winning-quarterbacks-1.2639533 (last visited Oct. 8, 2016).
[4] Tom Brady suspension case timeline, NFL, http://www.nfl.com/news/story/0ap3000000492189/article/tom-brady-suspension-case-timeline (last visited Sept. 29, 2016).
[5] Patriots take AFC Championship over Colts 45-7, CBS, http://www.cbsnews.com/news/patriots-take-afc-championship-over-colts-45-7/ (last visited Oct. 2, 2016).
[6] Tom Brady suspension case timeline, NFL, http://www.nfl.com/news/story/0ap3000000492189/article/tom-brady-suspension-case-timeline (last visited Sept. 29, 2016).
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Natl. Football League Mgt. Council v. Natl. Football League Players Ass’n, 125 F. Supp. 3d 449, 474 (S.D.N.Y. 2015), rev’d, 820 F.3d 527 (2d Cir. 2016).
[12] Id.
[13] Tom Brady Suspension case timeline, NFL, http://www.nfl.com/news/story/0ap3000000492189/article/tom-brady-suspension-case-timeline (last visited Sept. 29, 2016).
[14] Id.
[15] Id.
[16] Natl. Football League Mgt. Council v. Natl. Football League Players Ass’n, 820 F.3d 527 (2d Cir. 2016).
[17] Id. at 532 (quoting United Paperworks Int’l Union v. Misco, Inc., 484 U.S. 29, 38, 108 S.Ct. 364, 98 L.Ed.2d 286 (1987).
[18] Id. at 537 (quoting Int’l Bhd. of Elec. Workers v. Niagara Mohawk Power Corp., 143 F.3d 704, 714 (2d Cir. 1998)).
[19] Id. at 539.
[20] Natl. Football League Mgt. Council v. Natl. Football League Players Ass’n, 820 F.3d 527, 548-49 (2d Cir. 2016).
