SBD/Issue 21/Franchises

Arbitrator Rules For Falcons In Vick Case; NFLPA To Appeal

Arbitrator Rules That Vick Must Return
$19.97M In Bonus Money To Falcons
NFL Special Master Stephen Burbank made an arbitration ruling yesterday that “clears the path for the Falcons to recoup $19.97[M] in bonuses” from suspended QB Michael Vick, according to Steve Wyche of the ATLANTA CONSTITUTION. The Falcons said in a statement, “It is the first step in a process that our club has undertaken in an attempt to recoup significant salary-cap space that will allow us to continue to build our football team today and in future years.” The decision by Burbank “broke from a previous ruling he made” involving former Broncos WR Ashley Lelie that stated NFL teams “could collect only signing-bonus money for players deemed to have breached their contract.” Burbank’s ruling in the Vick case stated that the Falcons are “entitled to pursue the recovery of signing, option and roster bonuses because payments to Vick were not for money earned, as in the Lelie case, but for future services that can’t be earned" due to his indefinite suspension. The NFLPA said in a statement, “We have reviewed the decision handed down by [Burbank] and believe it is incorrect. We will now appeal his ruling to Judge (David) Doty in Minneapolis.” If Doty reverses Burbank’s decision, the case “could be re-filed with new arguments.” Falcons Owner Arthur Blank in August said that the franchise would “aggressively pursue repayment.” Should the Falcons ultimately win the case, any money received from Vick would be “credited to the team’s salary cap the following year” (ATLANTA CONSTITUTION, 10/10).

NFLPA DETAILS APPEAL: NFLPA outside counsel Jeffrey Kessler said, “It is not over; it’s the first round.” Kessler said that a roster bonus is “even more of an earned bonus than an option bonus, because the player earns a spot on the roster.” Kessler said Burbank “basically ruled that the roster bonus had been converted into a signing bonus when it was guaranteed.” However, he added Burbank “did rule in our favor that they cannot use any state law fraud claim to get back money that is otherwise protected” (Liz Mullen, SportsBusiness Journal). NFL Network’s Adam Schefter said if the ruling is upheld, it will "be more of a hammer for teams in the future if players are suspended” (“NFL Total Access,” NFL Network, 10/9). ESPN’s Len Pasquarelli, on Burbank's ruling: “I’m very surprised, and I think a lot of people around the league are too. I think the consensus around the league was that the Falcons would have a really difficult time recovering anything close to what they had hoped to.”  But the Vick camp "still think they have a chance to prevail and appeal on this” (ESPNews, 10/9).  SPORTING NEWS' Mike Florio wrote, "This issue likely will be a much more integral and contentious aspect of the next round of negotiations between the players and owners on the [CBA]" (SPORTINGNEWS.com, 10/9).

Texas Tech Bans Sale
Of "Vick 'Em" T-Shirt
VICK T-SHIRT GIGGED: The AP's Betsy Blaney noted Texas Tech has “banned the sale of a T-shirt bearing the likeness of [Vick] hanging the dog mascot of rival Texas A&M.” The shirt, which was being sold by the Theta Chi fraternity in advance of Saturday’s Texas A&M-Texas Tech game, reads, “Vick ‘em” on the front in reference to Texas A&M’s slogan “Gig ‘em.” The back of the shirt shows a football player wearing Vick’s No. 7 jersey holding a rope with an image of Texas A&M's mascot Reveille at the end of a noose. The fraternity was temporarily suspended and will face a school judicial review. Geoffrey Candia, who designed the shirts, said that he “originally wanted to give 50[%] of the proceeds to an animal defense league.” About 300 of the shirts have been sold (AP, 10/9).

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