Nat'l Football League Mgmt. Council v. Nat'l Football League Players Ass'n

296 F. Supp. 3d 614
CourtDistrict Court, S.D. Illinois
DecidedOctober 30, 2017
Docket17 Civ. 6761 (KPF)
StatusPublished
Cited by3 cases

This text of 296 F. Supp. 3d 614 (Nat'l Football League Mgmt. Council v. Nat'l Football League Players Ass'n) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nat'l Football League Mgmt. Council v. Nat'l Football League Players Ass'n, 296 F. Supp. 3d 614 (S.D. Ill. 2017).

Opinion

KATHERINE POLK FAILLA, United States District Judge

Invoking his authority under the operative Collective Bargaining Agreement (the *616"CBA") and related Personal Conduct Policy (the "PCP"), Roger Goodell, the Commissioner of the National Football League (the "NFL"), imposed a six-game suspension on Ezekiel Elliott, a running back with the Dallas Cowboys, in August of this year after a league-sponsored investigation into allegations of domestic violence. The National Football League Players Association (the "NFLPA") appealed this decision to an arbitrator, who upheld the Commissioner's decision in September.

Unsurprisingly, the National Football League Management Council (the "NFLMC") seeks confirmation of the arbitral award, while the NFLPA seeks its vacatur. Equally unsurprisingly, both parties to this action have staked out litigation positions with specific reference to last year's decision by the Second Circuit in National Football League Management Council v.National Football League Players Association (Brady II ), 820 F.3d 527 (2d Cir. 2016) : While the NFLMC argues that Brady II compels affirmance of the arbitrator's decision, the NFLPA contends with equal force that the "fundamental fairness" argument left open by Brady II both applies to the arbitrator's decision and compels its reversal.

Pending before the Court is the NFLPA's motion for a preliminary injunction to block enforcement of the six-game suspension. After reviewing the parties' comprehensive written submissions and hearing extensive oral argument earlier today, the Court concludes that, on this record, the NFLPA has failed to demonstrate a substantial question warranting the extraordinary remedy of injunctive relief or a balance of hardships that decidedly weighs in its favor. While reasonable minds could differ on the evidentiary decisions made by the arbitrator, the proceedings in their totality accorded with the CBA and the PCP-and, to the extent such an inquiry applies, with precepts of fundamental fairness. The arbitrator gave Mr. Elliott ample opportunity, in terms of both proceedings and evidence, to challenge the Commissioner's decision before the arbitrator; the arbitrator's ultimate decision against Mr. Elliott does not render these proceedings any less fair. Accordingly, the Court dissolves the temporary restraining order that has been in place since October 17, 2017, and denies the NFLPA's motion.

BACKGROUND

A. Factual Background1

The essential facts are undisputed, and the Court therefore draws from the record before it. See Md. Cas. Co. v. Realty Advisory Bd. on Labor Relations , 107 F.3d 979, 984 (2d Cir. 1997) ("Generally, the district court is not required to conduct an evidentiary hearing on a motion for a preliminary injunction when essential facts are not in dispute." (citations omitted)).

1. The Parties and the Relevant Labor Agreements

A Collective Bargaining Agreement ("CBA") defines the professional relationship *617between the NFL and its players. (Compl. ¶ 5). The NFLMC operates as the bargaining representative of the NFL's member clubs (Compl. ¶ 3; Answer ¶ 19), while the NFLPA is a nonprofit corporation acting as the union and bargaining representative of all NFL players (Compl. ¶ 4; Answer ¶ 20). One such player is Ezekiel Elliott, a running back for the Dallas Cowboys who is now in his second season in the NFL. (Answer ¶ 22). During his first season, he enjoyed notable success, including being named Offensive Rookie of the Year, first team All-Pro, and a Pro Bowl player. (Id. ). But Elliott's rookie season was also notable for allegations of off-the-field misconduct, prompting an internal investigation.

Article 46 of the CBA imparts disciplinary authority to the NFL Commissioner, or his designee, for conduct that is "detrimental to the integrity of, or public confidence in, the game of professional football[.]" (Kessler Decl., Ex. A-58). The Commissioner issues an annual Personal Conduct Policy ("PCP") that identifies behavior he considers "detrimental to the league and professional football" and provides procedures for imposing discipline. (Id. at Ex. A-16). Under the operative PCP, issued in 2016, where such conduct does not result in criminal conviction, the Commissioner may impose discipline "if the credible evidence establishes that [a player] engaged in conduct prohibited by" the PCP. (Id. ).2 Article 46 of the CBA specifies the exclusive procedures for resolving "[a]ll disputes" over such discipline imposed by the Commissioner, and it provides players the right to a hearing to appeal their discipline. (Id. at Ex. A-58).

2. The Investigations into Elliott's Alleged Domestic Abuse

In July 2016, the Columbus (Ohio) Police Department investigated claims by Tiffany Thompson, with whom Elliott had previously had an intimate relationship, that Elliott had physically abused her on five occasions during the week of July 16, 2016. (See Kessler Decl., Ex. A-24, A-44). By July 22, 2016, law enforcement officers investigating Thompson's allegations had concluded that there was insufficient evidence to establish probable cause to arrest Elliott, due to conflicting accounts of the underlying facts. (See id. at Ex. A-24). The Columbus City Attorney's Office then investigated the allegations but declined to charge Elliott, citing "conflicting and inconsistent information ... resulting in concern regarding the sufficiency of the evidence to support the filing of criminal charges." (Id. at Ex. A-40).

The NFL's director of investigations, Kia Roberts, and the NFL's Special Counsel for Investigations, Lisa Friel, conducted a separate investigation into the allegations, with Roberts conducting a majority of witness interviews over the course of the investigation. (Kessler Decl., Ex. A-44, Ex. C at 261:8-16 (Aug. 30)).3 This investigation resulted in a report that the NFL issued on June 6, 2017 (id. at Ex. A-44); the NFL then held a meeting on June 26, 2017, during which Friel presented the findings of the report to Elliott, his agents, and the NFLPA (id. at Ex. A-45). The *618Commissioner also ordered that an advisory panel be present. (Id. at A-45, 7:14-23).

During this meeting, upon questioning by Mary Jo White, one of the Commissioner's advisors, Friel represented that only one of the alleged instances of abuse leveled by Thompson had been found to be not credible. (Kessler Decl., Ex. A-45 at 151:20-153:14).

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296 F. Supp. 3d 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/natl-football-league-mgmt-council-v-natl-football-league-players-assn-ilsd-2017.