Not Over Yet: Collectively Bargaining The NFL's Personal Conduct Policy

Not Over Yet: Collectively Bargaining The NFL's Personal Conduct Policy

With the majority of football coverage shifting toward almost impossible to follow roster overhauls, it would seem as though the NFL is back on track and that its owners and players have exited their collective bargaining corners for at least the next decade.

Well, unfortunately for those of you already worn out by this sort of stuff, certain matters do remain open for debate.

Though teams are once again allowed to make moves and the first week of football is still scheduled for September 11th, 2011, there exists still a great deal of uncertainty regarding some of the non-financial aspects of the NFL's CBA.

See, specifically, the National Football League's Personal Conduct Policy.
As reported by NBC Sports' Mike Florio this past Tuesday, once the players vote to officially reconstitute their union, they'll be heading right back to the bargaining table. Still on the docket for the NFL and its players' association are the issues of drugs, steroids and, of course, personal conduct. Per Florio:

As to the personal conduct policy, NFLPA spokesman George Atallah addressed on Tuesday’s PFT Live the question of whether the resurrected union will allow the league to impose discipline for off-field incidents occurring during the work stoppage.

“Something tells me our members are going to tell us to deal with that pretty aggressively,” Atallah said.  “I’ll just leave it at that.”

While this isn't the first time the players have publicly opposed commissioner Roger Goodell's authority to fine or suspend, the stakes now are growing increasingly high. Negotiations over the future of the conduct policy will have to answer a variety of questions, including whether or not said policy was applicable during the lockout and how it will or should be enforced in the future. But, before jumping too far ahead, we'll start with some background.

How We Got Here
Instituted in 2007 after Adam "Pacman" Jones' then most-recent incident at a Las Vegas nightclub, and one of four Chris Henry arrests in just fourteen months, the personal conduct policy has since functioned as the direct moral arm of commissioner Roger Goodell.

As it's formal wording is a bit lengthy, we won't bore you by restating its every single detail here, though we do encourage you to check out the policy for yourself if you've never had the chance.

While its scope was largely understood in terms of specific criminal activity at its inception, the policy has since evolved into a wholly nebulous, utterly unpredictable, easily assailable calamity of subjective justice. At least, that is, according to some of the players.

Take, for example, the case of Pittsburgh Steeler quarterback Ben Roethlisberger. Though authorities in Milledgeville, Georgia ultimately concluded that they lacked sufficient evidence to charge Roethlisberger for the alleged sexual assault of a 20-year-old college student, Goodell chose to parlay a similar incident involving Big Ben in Lake Tahoe to suspend the two-time Super Bowl winner for a period of six (later reduced to four) games during 2010 season.

Facing criticism for the mere possibility of suspension despite the existence of sustained criminal charges, the commissioner released an April 2010 memorandum meant to clarify the league's—his—position. It reads, in part:

"The Policy makes clear that NFL and club personnel must do more than simply avoid criminal behavior. We must conduct ourselves in a way that 'is responsible, that promotes the values upon which the league is based, and is lawful."

"Whether it involves your team or another, these incidents affect us all -- every investigation, arrest, or other allegation of improper conduct undermines the respect for our league by our fans, lessens the confidence of our business partners and threatens the continued success of our brand."

Where We Are
If you've already spotted a problem or two in the logic, you're not alone. Here is a list of largely reasonable questions that could come up in the latest round of talks:

-- Who decides what is and is not responsible?
-- Are there times—during a lockout, for example—when the conduct policy does not  apply?
-- Where are the opportunities for an appeal?
-- To what end does precedent matter in deciding subsequent punishments?
-- Is it (hypothetically) necessary for the commissioner to (hypothetically) suspend an individual for two games after that same individual (hypothetically) served two years in federal prison?
--Is there any real rhyme or reason for what's going on here?

Let's try to tease some of these questions apart in a way that's at least somewhat neutral.

If you haven’t figured it out by now, Roger Goodell is indeed the man in charge. The conduct policy is his brainchild and arguably the greatest extension of his individual power. As such, it is up to the commissioner to decide what is and is not acceptable by league standards.

In defense of the five suspensions handed out under the policy’s exercise, all five have been incidents involving criminal activity. While some of the alleged crimes were dismissed and the charges eventually dropped, they were all legitimately serious issues, ranging from weapons possession to assault to sexual assault to drug possession to money laundering to dog fighting.

It’s here that we should take heed of Goodell’s aforementioned statement on the league’s public image and its relationship with its business partners. Think that football fans don’t care about what happens off the field? Well, it’s certainly possible and, judging from the collective appetite for football even after the lockout, even probable. But it’s not a risk Goodell is willing to take.

Say what you will about the difference between the leagues themselves, but it’s nearly undeniable that at least some of the downturn in popularity suffered by the National Basketball Association between 1998 and 2008 was because of the public image of its players. If that isn’t totally registering, consider that when Goodell took over the “big job” in replacement of former commissioner Paul Tagliabue in 2006, nine players from the just Cincinnati Bengals alone had been arrested in the preceding twelve months.

It is the commissioner’s job to protect the public image of his league. For better or for worse—and judging by the league’s profitability and popularity over his tenure, the better—he’s trying to protect that All-American, red-white-and-blue-shielded image. But, of course, there has to be some limit to his authority? Right?

Eh, maybe not.

Where We Might Be Headed
The aforementioned Florio article at the top of the post is largely motivated by off-season incidents involving Hines Ward, James Harrison and the Eagles’ own DeSean Jackson. While Ward’s arrest for Driving Under the Influence falls pretty neatly into what is already accepted as a personal conduct violation, Harrison and Jackson’s verbal outbursts exist in an as-yet-unexplored gray area.

The public airing of homosexual slurs and the claim that a prominent linebacker would not piss on his league’s commissioner even if said commissioner was on fire are not ways in which
to positively promote the league. Indeed, it can be and probably will be argued that these acts reflect negatively upon the NFL as a whole.

But, the comments themselves fail to approach anything close to criminal activity. Moreover, they took place during a period in which the players were locked out from the league, and effectively for that time, no longer part of it. Even Ward’s previously clear-cut case—a DUI—is now questionable in light of the labor dispute.

On top of it all—albeit separate from the issue of the lockout and more concerned with the troublesome nature of the policy as a whole—Plaxico Burress may be headed back to the NFL after time served for his infamous nightclub incident. Will he be subject to the same sort of high horse, moral posturing the league undertook when it suspended Vick even after two years in a federal penitentiary? After all, the illegal possession of a firearm surely qualifies as a criminal activity. Any judge in New York will tell you that.

Considering the absurd circumstances surrounding Burress, Goodell now finds himself open to criticism and claims of inconsistency regardless of the choice he will ultimately make. If he's sympathetic to Burress, why is Plax so privileged to avoid the mandatory moral outrage of a brief suspension? On the other hand, if he does choose to punish the former Steeler and Giant, isn't he just burying his head in the sand by ignoring the specifics of the situation? Either way, the commissioner has no one but himself to blame for concocting a scenario in which even he can't win.

Is There a Better Way?
Frankly, all of these matters would be less contentious if there existed a greater level of transparency and shared responsibility within the system. The judge, jury and executioner that is Roger Goodell rubbed the players the wrong way long before the lockout. Now, with the added vitriol of the last six months of labor negotiations and last year’s almost out-of-nowhere fines in the interest of on-field safety, the relationship between the players and the commissioner has gone from bad to worse.

And, while the majority of this post may be about conduct, the fines for violent play are inarguably connected to the greater strife between Goodell and the players. Much like the penalties for off-field behavior, the fines for on-field incidents are similarly motivated; the growing number of players removed from the field on a stretcher is obviously antithetical to league's business interests. Neither sponsors nor fans want to see someone seriously maimed, but is it even possible at this point to curb the violence in football given the size and speed of the modern athlete?

If he’s smart, which he seems to be, and cares about his relationship with the players, which he obviously should, Goodell needs to think long and hard about relinquishing some of his power over both the personal conduct policy and the fines for violent play. As so many of the criticisms hurled against Goodell have echoed the same “you wouldn’t know, you haven’t played the game” sentiment, it’s come time for the commissioner to institute review boards separate from himself for both of the above issues.

In the case of violent play, the commissioner should begin to consider reaching out to a group of ex-players to form a league disciplinary board. That way, not only is the power out of Goodell's hands, but now up to the judgment of a multiple person panel. Though nearly all disciplinary decisions will still be met with some level of skepticism when weighed against one another, a group separate from Goodell may help to quell some of the backlash hurled toward him directly and produce a greater degree of legitimacy in the handing down of punishments.

Still, for as easy as that sounds to fix, the employment of the conduct policy will more than likely remain a sticky issue. Evidencing the Supreme Court's “I know it when I see it” pornography precedent isn’t going to be enough for the players any longer.  Stricter guidelines and an independent arbiter may be necessary in determining when the conduct policy is and is not applicable. The downside to such action, however, comes in the inevitable loopholes to be found in binding legal language; language that could potentially leave the league hostage to its own flawed bargaining.

Consequently, for as heated as the talks over the financial portions of the CBA proved, the yet-to-be-decided issues of violent play and personal conduct may wind up even more controversial. Though the players would do well remind themselves that Goodell really does have the best interests of the league at heart, they may be even wiser to recall that which may pave their own road to hell.

Best of NHL: Canadiens score 10 goals in rout of Avalanche

Best of NHL: Canadiens score 10 goals in rout of Avalanche

MONTREAL -- Max Pacioretty had four goals, Brian Flynn scored twice during a six-goal first period and the Montreal Canadiens routed the Colorado Avalanche 10-1 on Saturday night.

Flynn, Pacioretty and Artturi Lehkonen each scored against Calvin Pickard in the opening 7:12, and then Pacioretty, Paul Byron and Flynn each had a goal among the first four shots on Semyon Varlamov.

Pacioretty completed his hat trick in the second period and added another in the third to give the captain seven goals in his last four games.

Alexander Radulov and Jeff Petry also scored for Montreal, which has shown no drop-off without injured scoring leader and first-line center Alex Galchenyuk. Montreal outshot the Avs 36-16 (see full recap).

Malkin, Crosby lead Penguins past Lightning 4-3
TAMPA, Fla. -- Sidney Crosby had another eventful night.

The Penguins star returned after passing concussion protocol following a first-period hit to get his 20th goal, and that stoked Pittsburgh's rally for its latest victory.

Crosby and Evgeni Malkin both scored their second goals on third-period power plays, helping the Penguins come back to beat the Tampa Bay Lightning 4-3 on Saturday.

Crosby was shaken up by Luke Witkowski's check with eight minutes to go in the first but returned for the start of the second period (see full recap).

Late barrage helps Blue Jackets beat Islanders 6-2
COLUMBUS, Ohio -- Jack Johnson, Cam Atkinson and Seth Jones each had a goal and an assist as the Columbus Blue Jackets beat the New York Islanders 6-2 on Saturday night for their sixth straight win.

Josh Anderson, Brandon Saad and Lukas Sedlak also scored for Columbus and Sergei Bobrovsky had 25 saves.

Josh Bailey and John Tavares scored for New York, which had earned a point in a season-high five straight games (4-0-1). Jaroslav Halak made 32 saves until he was pulled after the Blue Jackets scored four consecutive goals in the third period.

Anderson put Columbus ahead 3-2 at 2:19 when he picked off a defensive pass and banged it in from the slot seconds after coming onto the ice for his shift (see full recap).

Matthews, Hyman score in 2nd, Maple Leafs beat Bruins 4-1
BOSTON -- The Toronto Maple Leafs found a way to overcome a poor opening period.

Auston Matthews and Zach Hyman scored in the second period, Frederik Andersen made 32 saves and the Maple Leafs beat the Boston Bruins 4-1 on Saturday night.

"The last three games the first period kind of did us in," Toronto coach Mike Babcock said. "We didn't start on time. We were able to hold on. It still wasn't the first period we wanted, but we didn't give up the goals and we were able to execute a little bit."

After managing only two shots on goal in the first, Toronto was happy to get to the dressing room with the game scoreless (see full recap).

Best of NBA: Grizzlies dominate throughout, crush Warriors

Best of NBA: Grizzlies dominate throughout, crush Warriors

MEMPHIS, Tenn. -- Marc Gasol and Tony Allen scored 19 points each and the Memphis Grizzlies rolled over the Golden State Warriors 110-89 on Saturday night for their sixth straight win.

The Grizzlies led by as many as 30 points in the second half - the biggest advantage by any Warriors opponent this season. Seven Memphis players finished in double figures.

Kevin Durant led Golden State with 21 points, while Stephen Curry added 17 points and Ian Clark finished with 10 points. Curry and backcourt starter Klay Thompson (eight points) were a combined 8 of 28 from the field, including 3 of 14 outside the arc.

Memphis built a double-digit lead early, led 61-38 at halftime and kept building in the third quarter (see full recap).

Butler, Wade lead Bulls to 105-100 win over Heat
CHICAGO -- Jimmy Butler scored 31 points, Dwyane Wade added 28 against his former team and the Chicago Bulls held off the struggling Miami Heat 105-100 on Saturday night.

Butler scored Chicago's final 10 points to help the Bulls come out on top after Miami pulled within one.

Wade keyed a big third-quarter run in his second game against the Heat, and the Bulls hung on after handing San Antonio its first road loss two nights earlier.

Goran Dragic led Miami with 21 points and 11 assists. An energetic Hassan Whiteside added 20 points after being benched for part of Friday's blowout loss in Cleveland. Tyler Johnson scored 15, but the Heat dropped their fifth straight (see full recap).

LeBron scores 44, reaches assist mark as Cavs down Hornets
CLEVELAND -- LeBron James scored 17 of his season-high 44 points in the fourth quarter and reached another career milestone as the Cleveland Cavaliers won their fourth straight, 116-105 over the Charlotte Hornets on Saturday night.

James did it all, adding 10 assists and nine rebounds in 43 minutes. He took over in the fourth quarter, scoring 13 straight during one stretch to help the Cavs hold on.

As the final seconds ticked off, James stood at midcourt and spun the ball on his index finger as the crowd roared.

James, who moved into ninth place on the career scoring list Friday, recorded his 7,000th assist in the first half, becoming the first frontcourt player in NBA history to reach the plateau. James is the only player with 27,000 points and 7,000 assists (see full recap).

George has 37 points to lead Pacers over Blazers 118-111
INDIANAPOLIS -- Paul George scored a season-high 37 points to lead the Indiana Pacers over the Portland Trail Blazers 118-111 on Saturday night.

George made five 3-pointers, and Thaddeus Young hit six 3s while getting 24 points and nine rebounds. Myles Turner added 14 points for the Pacers, who had lost five straight regular season games to Portland.

C.J. McCollum made a career-high seven 3-pointers and had a season-best 34 points for the Trail Blazers. Damian Lillard had 33 points behind five 3s.

George scored 13 straight points in the fourth quarter for Indiana. He was fouled on the go-ahead basket with 4:36 remaining and completed the three-point play to give the Pacers a 108-105 lead (see full recap).