On Monday, April 11, 2016, arbitrator Jonathan Marks upheld NFL Commissioner Roger Goodell’s personal conduct policy that allows him to place players charged with a violent crime on paid leave.
In December 2014, NFL Commissioner Roger Goodell handed down a personal conduct policy that allowed him to place players that were charged with a crime, such as sexual assault, on an exempt list. The players placed on this list were given paid leave, however, they were unable to play or practice with their team.
In January 2015, the National Football League Players Association challenged parts of this policy in arguing that it contradicted the players’ collective bargaining agreement. The players argued the collective bargaining agreement permits suspension after the player has been found guilty and placement on the exempt list is similar to being suspended without a finding of guilt. The arbitrator disagreed and upheld the paid leave policy; however, Marks ruled that the commissioner must provide the players placed on the exempt list with written notice so that they have an opportunity to appeal the decision.
Goodell’s policy also allowed him to appoint an officer to make initial disciplinary decisions. The players opposed this policy on the grounds that the commissioner has exclusive authority to discipline under the collective bargaining agreement and should not allow a disciplinary officer to make initial decisions. Marks partially agreed with the players and said the commissioner must make final decisions; however, it may use a disciplinary officer during disciplinary process.
The NFL is very pleased with the arbitrator’s decision and the recognition of “the broad authority that the commissioner has to define and impose discipline for conduct detrimental” to the League.