With Bengals running back Cedric Benson guaranteed to play this weekend against the Bills, given that his three-game suspension won’t start until his appeal is resolved, Benson’s overall challenge to the suspension has gotten more complication -- which could delay the resolution of the situation for a while.
Attorney David Cornwell tells PFT that, in addition to the appeal itself, Benson has filed a non-injury grievance challenging the application of the personal conduct policy during the lockout, when there was no CBA and no union, and when Benson was not the employee of any team.
“We believe that the interpretation and enforceability of the side letter agreement between the NFLPA and the NFL must be resolved either through the non-injury grievance or by the NLRB before a decision can be made in the disciplinary appeal,” Cornwell said via email.
The NLRB process triggered by the filing by Benson of an unfair labor practice charge, if ultimately dispositive on the issue, could delay the case for months not weeks, given the speed (or lack thereof) with which the NLRB moved in connection with the unfair labor practice charge filed by the NFL during the labor dispute.