AFL-CIO supports Brady, too

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Despite the dramatic differences in the wages paid to their respective rank-and-file, unions like the AFL-CIO and NFL Players Association stand together on plenty of issues. As to the four-game suspension imposed on multi-multi-multi-millionaire quarterback Tom Brady, the AFL-CIO has chimed in with a document supporting him.

A federation of 57 labor unions representing 12.2 million employees, the AFL-CIO has submitted a short, four-page friend-of-the-court brief in the effort by Brady and the NFLPA to secure a rehearing of the appeal that reinstated his four-game suspension.

The one-issue filing takes aim at the simple failure of Commissioner Roger Goodell to serve as the person responsible for resolving the appeal of Brady’s four-game suspension. Instead of deciding whether NFL executive V.P. of football operations Troy Vincent got it right when suspending Brady four games for being “generally aware” of an alleged football tampering scheme, Goodell found that Brady “knew about, approved of, consented to, and provided inducements and rewards” in support of the effort.

The potential for a significant difference between the initial disciplinary decision and the appeal first arose last May, when Goodell mentioned that he would consider “new information” that potentially would show Brady did not merit a suspension. Instead,  “new information” was used to confirm the four-game suspension.

As PFT pointed out at the time, Goodell shouldn’t have been looking for or even considering “new information.” The question at that point should have been whether Vincent got it right by finding that Brady committed a violation and whether the infraction merited a four-game suspension.

That’s one of the main reasons why the NFLPA objected so strongly to Goodell delegating the initial decision to Vincent. The split process made it seem natural and reasonable for Vincent to take a crack at imposing discipline and then for Goodell to do the same. The better approach would have been for Goodell to make the initial decision, and then for Goodell or his designee to serve as the appeals officer, charged with determining whether Goodell got it right in the first instance.

When Goodell changed the basis for the discipline as part of the appeal process, the end result was that Brady received no internal appeal whatsoever as to the basis for Goodell’s decision. Unfortunately for Brady, two of the three judges who handled the federal appeals court case didn’t find that specific logic compelling. The challenge for Brady now becomes getting at least seven of the 13 active judges of the Second Circuit to see it his way.

34 responses to “AFL-CIO supports Brady, too

  1. im a patriots fan, but i really dont need every other article to be written about deflategate…can we wait until something actually happens like a ruling on the en banc

  2. im a patriots fan, but i really dont need every other article to be written about deflategate…can we wait until something actually happens like a ruling on the en banc
    Amicus briefs are interesting. In a lot of cases, they say things that some of us have been saying for a while – particularly: that this case has the potential to establish a LOT of bad arbitration precedent.

  3. When you have 57 National and International labor organizations saying that Goodell’s “arbitration” was a sham, you better sit up and listen (I’m talking to you Judges Chin and Parker).

  4. Good for them! This issue is not going away simply because the whole thing was bungled, fumbled and handled so incompetently from the start. The logic and science behind it is painful

    Like the Titanic setting out, there were so many things that could have prevented the bad-ship NFL from disastrously hitting the iceberg, from Ryan Grigson’s inept drafting (run defender anyone?) to Mike Kensil’s predisposed hate of the Patriots, to a commissioner who not only thinks he’s infallible , but mistakenly believes his position is ’emperor’.

  5. How is PFT being biased towards Brady?
    Is it by explaining the reasoning behind the AFL-CIO filing the brief or explaining how Goodell went rouge in abusing his CBA powers & ignoring what he was actually empowered to do?

  6. If you look at the big picture here…It’s not the Brady support from the complete outsiders that is so damning to the NFL….It’s the silence from the NFL and it’s supporters that reeks of sham! Where are all the “Friends of the Court” for the NFL’s side? Where are all the Scientists and arbitrators and lawyers support the NFL’s position.

    Very telling even if you only read the headlines. Right trolls? Can you feel the puckering?

  7. The complete sham of the Well$ report combined with the ridiculous ‘arbitration’ decisions of Goodell were bound to draw the fire of any organization that is heavily invested in the arbitration process.

  8. Oh they are just more homers and don’t count, right????

    Or wait, they are being bought off, it’s money, cause Brady and the players union can out spend the NFL and all the billionaire owners, right????

    Whats the next excuse?

  9. It would be so funny to see all these people backing the NFL in this case be treated the same way by their employer and see how they felt then. You can`t have arbitration handled this way or it`s worthless. The CBA giving Goodell power doesn`t allow him to abuse that power which has been obvious to anyone impartial.A lot of people have jobs with “power” but there are always checks and balances to that power and Goodell over shot his. Anybody who would hand their personal cell phone to an employer is dumb and to do so within a union would make you a absolute idiot so anybody defending the NFL & Goodell is just a Brady and/or Patriot hater or a complete hypocrite because if this happened to them they would be crying about how unfair it was. You should always have to PROVE a crime before leveling punishment and the NFL failed miserably.

  10. jag1959 says:
    Jun 1, 2016 3:45 PM

    The complete sham of the Well$ report combined with the ridiculous ‘arbitration’ decisions of Goodell were bound to draw the fire of any organization that is heavily invested in the arbitration process.
    Good point! The problem is that if you are a jelaous fan tired of losing to the Patriot’s, it’s easier to act like a child and cry cheater. They are so jealous, they have made the hated Roger Goodell their fearless hy0ocritical leader! Hey Chiefs fans, is Roger Goodell fair?

  11. When will the begging stop? Everyday someone else gets on their knees with Brady, Kessler & whoever else. Again it’s great to see them squirm. The NFL gets free publicity and millions will watch football every Sun, Mon, & Thur no matter If Brady is there or not. 1 monkey don’t stop the show..

  12. So well known Scientists, Arbitrators, Labor Unions, and Law Scholars have filed briefs siding with Brady.

    And so the outsider organizations that are siding with the NFL include….?

    Well, I guess that would leave the haters on these boards – maybe some of you will file a brief?

  13. I guess the AFL-CIO are Pats season ticket holders, too, eh? Yeah, no.

  14. well the 2nd circuit court of appeals is the only opinion that even matters and they already spoke up….this is a dead issue.*Brady lied cheated and stole was found guilty and the punishment imposed….there will be no more appeals and all the crying in the world won’t change it….he’s sitting and actually deserves much more than he recieved

  15. I am trying to understand why all the folks that readily support Goodell in this (but nothing else) and blather about the cell phone, deflator text (yes it’s singular, there was only 1) and cheating are concerned about the process leading to the suspension and arbitration finding undergoing scrutiny. Since they are so thoroughly convinced Brady cheated and hate him so profoundly for it shouldn’t they welcome more of the light of justice being shined on his nefarious ways to embarrass and degrade him further? It’s not as though they have anything to fear from a full judicial review of a fair and unbiased arbitration hearing as conducted by the honorable and upstanding commissioner right?

  16. gaffya says:
    Jun 1, 2016 4:28 PM
    well the 2nd circuit court of appeals is the only opinion that even matters and they already spoke up….this is a dead issue.*

    Well you should probably provide an amicus brief to the 2nd circuit reminding them of that. Imagine them being so silly as to not understand there is no recourse to appeal the recently issued split decision. All these years they have entertained motions for and even held unnecessary en banc reviews and rehearings. Someone should also make the Supreme Court aware their services are no longer required as pertains to any matters that go before the 2nd circuit.

  17. Unions made the middle class and the middle class made pro football So if your anti union you don’t deserve weekends or to watch pro football

  18. Robert Kraft seen photographed with Judge Berman and Kenneth Feinberg. Robert Kraft paid off the AFL-CLO. All the scientists are Tom Brady fanboys.

    Newsflash: the New England region is home to some of the greatest education institutions in the world. US News & World Report also ranked Mass General Hospital as the #1 in the country for 16 different adult specialties and three prediactric specialties. The point: this region of the country is overflowing with some of the most intelligent and successful people in the country.

    Five US Presidents went to Harvard, two more went to Harvard Law School. Three went to Yale (one then went to Harvard Business School), and two more when to Yale Law School.

    Massachusetts Institute of Technology was founded in 1861 and is a global leader is scientific research and study (with only an 8% acceptance rate). But wait…it’s in Massachusetts so their physics professors must be Brady fanboys…

    Robert Kraft is Chairman and CEO of The Kraft Group which is a holding company for multiple businesses. The Patriots team is only one of them. Robert Kraft is involved in many different business industries and has relationships and dealings with a broad range of people. He serves on the board of directors of Viacom. From his business in paper and packaging, probably knows a thing or two about union labor. His deceased wife, Myra, was a nationally-respected philantropist who served on the boards of the American Repertory Theater, the United Way, the Boys and Girls Club and her alma mater, Bradeis Univesity (in Waltham, MA). My guess is Myra knew a few people who were pretty important…

    Oh, and Robert Kraft and his son Jonathan both went to Harvard Business School…

    So it would kinda make sense that, at some point at some time, Robert Kraft was probably within the same vicinity of any of the lawyers, judges and/or physicists, who have spoken out against Goodell’s mishandling of this entire case. On any given night in the Boston area, Bob Kraft could show up at a charitable fundraiser and unexpectedly run into a high-ranking court judge or a nobel prize winning scientist. In case you’re not sure, this isn’t likely to happen with such frequency in Jacksonville or Denver or Green Bay or Seattle.

    So everyone barking that you googled a picture of Kraft and Feinberg together, or that MIT scientists are biased or that Kraft was photographed in the Hamptons with Judge Berman need to get a grip.

  19. How could Goodell arbitrate the punishment he authorized?
    There was no neutral arbitration.

  20. Tom Brady should have just admitted that he controls the weather. He could have just owned up to being the originator of the scientifically accepted equation that has stood the test of scientific minds since 1834. (PV = nRT) Tom Brady should also admit to documenting the pressure-volume relationship part of the IGL which is even older, which was wrongly termed Amonton’s law in about 1702. “Brady’s law” would have been more fitting term since Tom Brady discovered it.

    If Tom Brady had just admitted to these things then any fact ignoring biased fans of the other 31 teams would support him.

    Only Patriots homers will point out that Tom Brady is less than 40 years old.
    Only petty individuals that pay attention to details will point out that Tom Brady did much better in the 2nd half after balls that had not suffered pressure reductions due to the cold rainy weather.

    Only silly privacy advocates that still believe in the right to individual privacy will mention that he is not obligated to surrender his personal telephone to prove that he doesn’t control the weather. More silly privacy advocates will mention that the NFL has no right to examine personal telephones. Those silly people don’t understand that Tom Brady was obligated to prove to the public that he doesn’t control the weather because some people say he should.

  21. RE LEE says:
    Jun 1, 2016 6:11 PM
    How could Goodell arbitrate the punishment he authorized?
    There was no neutral arbitration.

    The CBA allows for the commissioner to act as appeals arbitrator. Which is why he had Vincent ‘decide’ the punishment, as though he wouldn’t have had a hand in any suspension of one of the games premier players (lol). There is no requirement in the CBA for a neutral arbitrator. Federal labor law however requires that as an arbitrator he is still required to act in a fair and unbiased manner. Therein lies the rub and the reason the AFL-CIO and Special Master Feinberg have filed amicus briefs.


    Exposed as frauds at every turn. Reduced to crying on a message board.

    Patriots have them denying science and proudly supporting the 56+ PROVEN Lies of the NFL …

    You were all so wise to hitch your wagon to Goodell. He represents everything that the Trolls stand for.

    Yay Trolls!

    You Lose Again!

  23. dan7800 says:
    Jun 1, 2016 3:10 PM
    Could PFT be any more bias to Brady?

    It’s not bias when what they are saying is correct. The bias comes form all you trolls and haters that refuse to look at the actually facts and see how nothing was done to the footballs in the first place.

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