Skip to content

Complicated Benson appeal could take a while to resolve

Cincinnati Bengals'  running back Cedric Benson breaks free from San Francisco 49ers' Madieu Williams during the first half of play in their NFL football game Paul Brown Stadium in Cincinnati Reuters

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.

Permalink 31 Comments Feed for comments Latest Stories in: Cincinnati Bengals, Rumor Mill, Top Stories
31 Responses to “Complicated Benson appeal could take a while to resolve”
  1. favreforever says: Sep 28, 2011 3:40 PM

    Ced is not a complicated man, as you can see from his mug shots, but his appeal process….well, that’s a whole other story.

  2. quirtevans says: Sep 28, 2011 3:42 PM

    Deny his appeal. Suspend him. Sort it out afterwards. He won’t have any recourse other than to get the money back anyway.

  3. realdraftgm says: Sep 28, 2011 3:44 PM

    Hopefully this will be the beginning of the end of Goodell’s tyranny with this personal conduct policy. It is only going to take a handful of owners getting pissed off at Goodell for messing over their player inappropriately and illegally for the owners to go ahead and vote Goodell out. Mike Brown is not one of the owners Goodell should piss off either especially when Benson is their best player on offense and is being punished illegally and mafiaosoely style.

  4. realdraftgm says: Sep 28, 2011 3:47 PM

    Furst of all a third party should hear all appeals not Goodell being the judge and the jury I mean that is obviously not right. Art Shell does not count either as he is the commisioners lap dog to do all his bidding. In this case since Benson filed the unfair labor charge then another party will be involved and it is not going to be a party for Goodell when he is scolded publically for his stance and Benson serves no suspension.

  5. dungydouche says: Sep 28, 2011 3:49 PM

    Is he an idiot for continuing to get into trouble? Yes, of course.

    Should he be suspended for something that happened when he was not employed by the team or the league? Of course not.

  6. jaggedmark says: Sep 28, 2011 3:49 PM

    So I have to keep Bernard Scott on my fantasy bench for weeks????

  7. skoobyfl says: Sep 28, 2011 3:49 PM

    Benson committed a criminal act between NFL seasons / the offseason regardless, which violated the code of conduct. Should all the NFL have gone out to juice up with roids during that time then come back huge to say it was legal ?? I don’t see a difference except that he broke the rules.

  8. artanis72 says: Sep 28, 2011 3:51 PM

    Despite the fact that Benson continues to act like a complete doofus…

    Despite the fact that the Bengals need to distance themselves from this slightly better than average running back…

    Despite anything else, the fact of the matter is that while there was no contract, Benson was not employed by the NFL and cannot be punished by them while he was neither part of the union or the NFL…it seems pretty open and shut to me.

  9. hystoracle says: Sep 28, 2011 3:52 PM

    If it takes more than three weeks what’s the point other then to get back some coin.. From a team standpoint the damage has already been done.

  10. mrvikingsfan11 says: Sep 28, 2011 3:55 PM

    Suspend the bust RB

  11. eagleswin says: Sep 28, 2011 4:00 PM

    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.

    ————————————————–

    The NLRB is a joke. They never did rule on the issue of whether the union was really a union. Nor did it seem likely that they would issue a ruling, ever.

    Two things work against him. First, technically he was still an employee, he was never unemployed. Second, the union of which he is a part of, agreed that the league could punish benson, per the letter.

    On the plus side for him, he could delay this for years (ie. starcaps) and be out of the league and not subject to discipline before this is resolved.

    I thought the new CBA was supposed to stop the players from running all over creation crying momma to any federal body that will listen to them everytime a ruling doesn’t go their way?

  12. ourbaskets says: Sep 28, 2011 4:03 PM

    He may be crazier than my ex girlfriend, but he has what seems like a pretty solid case.

  13. vernhh says: Sep 28, 2011 4:03 PM

    This should be the same basic approach for appeal as Pryor. How can you be held accountable to the league’s rules at a time when you aren’t an employee of the league?
    I’ve no sympathy for Benson or Pryor but leagally it raises a good point.
    I’d hate to have an employer garnish my wages for something that happened when I wasn’t in their employ.

  14. lanflfan says: Sep 28, 2011 4:04 PM

    I completely understand where Benson is coming from. However it was the players themselves who voted to decertify the union, knowing it would be recertified after a new CBA was completed. It was all a big sham/legal tactic, and now it is biting a couple on the ass. The same people who ran the NFLPA ran the NFLPA* and labor negations for the players, so I’d say 1 + 1 = 2 in this case.

    Live with it Cedric, and serve the suspension you “earned”.

  15. trbowman says: Sep 28, 2011 4:08 PM

    This is dumb, just suspend him

  16. tos420 says: Sep 28, 2011 4:12 PM

    Here’s a thought…DON’T GET ARRESTED, IDIOT. And he should get suspended, he still represented the team and NFL during the lockout.

  17. drhodes23 says: Sep 28, 2011 4:12 PM

    OH SNAP can you say SUPERBOWL hahaha SIKE!!!

  18. tecmobowlchampion says: Sep 28, 2011 4:14 PM

    The NFL should know better not to mess with the National Labor Relations Board. (NLRB)

    Like most federal agencies (NLRB)They are awful to deal with.

    The NFL would be wise to drop Bensons suspension. What a hot mess.

  19. bungalsfan101 says: Sep 28, 2011 4:16 PM

    just bend over and take the suspension benson you do the crime expect to do the time you should know that

  20. jpmelon says: Sep 28, 2011 4:16 PM

    I’m glad he’s fighting this……the idea that a company can punish you for things you did while you were not employed is outrageous.

  21. cosmoman11 says: Sep 28, 2011 4:38 PM

    I hope that the NFLPA has some money saved up. They breached their fiduciary responsibility to him by selling him out to protect others. If I were him I would sue the NFLPA for about $50 mil. And the other 7 that were sold out should do the same.

  22. wutliss07 says: Sep 28, 2011 4:41 PM

    Since when was Ohio State an NFL organization??

    anyhow…the Bills kept Charles and McFadden under 100 yds ..this guy isn’t even on the same planet as those two..

    Let’s Go Buffalo!!

  23. grilledjesus says: Sep 28, 2011 4:42 PM

    eagleswin says:
    Sep 28, 2011 4:00 PM
    I thought the new CBA was supposed to stop the players from running all over creation crying momma to any federal body that will listen to them everytime a ruling doesn’t go their way?
    ————————————————

    That is why he is suing both the NFL and NFLPA. They both bargained in bad faith by allowing 8 members to be hung out to dry in a side deal. He has a good case, whether suspended or not, to get his money from one of the two.

  24. blackngold777 says: Sep 28, 2011 5:02 PM

    typical bungle trash

  25. cscfriarbob says: Sep 28, 2011 5:34 PM

    Welcome to the new Starcaps situation.

    Years ago now, a very limited subgroup of the people caught taking Bumetinide were suspended after they found out it was an unlisted ingredient in Starcaps… AFTER the NFL was specifically asked about that particular supplement and said it was safe. The situation went to court and was drug out for years before the men — who were guilty but were truly NOT at fault — were finally suspended.

    Now, a very limited subgroup of the people who committed illegal, embarrassing, or otherwise stupid actions during the lockout are being suspended or threatened with it. This despite the fact that the NFL was directly responsible (even if, at least in some people’s eyes, also justified) for creating the situation that should legally give them no right to suspend them. And it’s going to court.

    Anybody want to bet on how many years before Benson — though guilty — finally gets suspended?

  26. thetooloftools says: Sep 28, 2011 5:51 PM

    This is way over the line. Goodell cannot just work without impunity as an NFL God. They should just drop it, let him screw up (AGAIN), and then drop the hammer on his (|). Ced Ben can only go so long before he screws up and he’s due anyway.
    Not worth the fight.

  27. ktravp says: Sep 28, 2011 6:40 PM

    As a Bengals fan, the potential suspension of Cedric Benson concerns me the same way a death row inmate frets over his choice of a last meal. In the end, it’s not going to matter.

    Is Benson an idiot for getting arrested again? Yes. I’ll leave the debate of “should” he be suspended to those who understand contractual law better than me. My thing is: it doesn’t really matter. Long term and big picture, the Bengals biggest problem is their management.

    When confronted with the possibility of losing Benson, who do they consider as a potential replacement? Answer: Larry Johnson. Larry makes Ced look like a choir boy.

    Just another rearrangement of chairs on the Titantic.

  28. nesuperfan says: Sep 28, 2011 9:09 PM

    To all the i-d-i-o-t-s, who say just suspend him, think of it like this: You are now, hereby, fined $1000 by any employer you previously worked for, but are not working for now. You will also have to stay home from work for three weeks, and not get paid.

    How many of you would agree to that?

    Yes, the guy is a d-o-u-c-h-e, but the NFL and the NFLPA had NO LEGAL STANDING at the time of the infraction. What is so hard to understand about that?

  29. savannahrose44 says: Sep 29, 2011 6:51 AM

    Benson may not have been under contract with any team, but he did have full intentions of seeking an NFL contract and continuing to represent the NFL and his team. Were he seeking employment anywhere else a background check would have hindered his ability to land a job. Being asked to serve a suspension in exchange for getting his job back sounds reasonable to me. Better than unemployment believe me. Benson needs to stop making excuses for his poor behavior and bad decision making skills and serve his suspension like a man.

  30. eagleswin says: Sep 29, 2011 7:03 AM

    nesuperfan says:Sep 28, 2011 9:09 PM

    To all the i-d-i-o-t-s, who say just suspend him, think of it like this: You are now, hereby, fined $1000 by any employer you previously worked for, but are not working for now. You will also have to stay home from work for three weeks, and not get paid.

    How many of you would agree to that?

    Yes, the guy is a d-o-u-c-h-e, but the NFL and the NFLPA had NO LEGAL STANDING at the time of the infraction. What is so hard to understand about that?
    ———————————————
    Benson was not unemployed. His current employer is his old employer. If he had decided to become a truck driver and goodell somehow found a way to dock Benson’s truck driving pay, then you may have a point. That is not the case.

    The NFL and NFLPA do have legal standing. He was part of the union that was in the middle of a labor conflict with management. Players get suspended for off the field infractions all the time. Even ones that happen during the offseason where they aren’t receiving game checks.

    The only issue he may have a case is with the NFLPA. That letter looks bad for them, not the NFL.

  31. carranomx says: Sep 29, 2011 9:14 AM

    “Stop breaking the law ^ssh01@!”

    Courtesy – Jim Carrey.

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!