Packers DT Mike Pennel filed a lawsuit against the NFL and the NFLPA yesterday, asking for a court order appointing a neutral arbitrator in the league's on-going disciplinary action against him. Pennel, who yesterday received a second suspension this season for violating the league's substance-abuse policy, also asked for an injunction preventing a disciplinary arbitration scheduled for Dec. 6 from going forward in a lawsuit filed in Cleveland federal court. Pennel alleges that the arbitration violates the collectively-bargained NFL Policy & Program on Substances of Abuse because only two arbitrators are assigned to the hearing instead of the minimum of three, as required under the policy. NFL VP/Communications Brian McCarthy declined comment. The NFLPA did not immediately respond to a request for comment. Stephen Zashin, a partner with the law firm of Zashin & Rich, said, "The policy on performance enhancing substances as well as substances of abuse calls for transparency. However, it has become abundantly clear these policies are anything but transparent. In this particular case, the policy concerning substances of abuse clearly states that there are supposed to be a minimum of three arbitrators and a maximum of five. It is clear, however, there [are] not three arbitrators, but only two. This is a substantive protection for a player to ensure that an arbitrator who hears his appeal is neutral." Zashin is the same attorney who is representing Eagles OT Lane Johnson in the unfair labor charges he brought against the NFL and NFLPA before the National Labor Relations Board as well as the case he brought against the NFLPA at the U.S. Department of Labor.
