NFL Wants Doty Removed From CBA Oversight, Vick Ruling Vacated

By Daniel Kaplan & Liz Mullen, Staff Writers, SportsBusiness Journal 

U.S. District Judge David Doty

NFLPA RESPONSE: Doty has presided over the league’s CBA for 15 years, an outgrowth of his hearing the union’s lawsuit against the league that led to the two sides agreeing to the new labor deal. The league has asked for his removal before, and again in Thursday’s filing said Doty’s supervision was no longer necessary. But the union fired back. NFLPA Exec Dir Gene Upshaw said Doty’s role was necessary because Upshaw cannot trust the owners. Union Outside Counsel, Jeffrey Kessler:  “It is an outrageous attack upon the integrity of one of the most respected jurists in the country. The Vick decision was decided correctly and on the merits and there is absolutely no basis to attack the judge for making what is an eminently correct decision. It’s like losing a football game and blaming the referees.”

PROCESS OF APPEALS: When the league and the NFLPA have a dispute, such as whether Vick is entitled to his bonus money even though he was let go by the team, they first take the issue to a special master. The loser can then appeal to Doty’s court. Ultimately, the loser in Doty’s court can appeal to the 8th U.S. Circuit Court of Appeals, which oversees him. The league is asking Doty for a few steps: to reverse his Vick decision or allow another district judge to decide the case; and to eliminate judicial oversight of the league’s labor relations, or to remove himself from that role.

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