tagged: American Needle, Collective Bargaining Agreement, Football, Kevin Williams, Lawsuit, NFL, Pat Williams, Starcaps

The Williams’ StarCaps suit goes forward. Single entity in question again.

Posted by Emmett Jones in Football

Set your calendars for March 8th.

Last week, Hennenpin County District Judge Gary Larson ruled that the “Williams Brothers”, Vikings defensive tackles Pat and Kevin Williams are allowed to sue the NFL in Hennepin County for their four game suspension the NFL imposed on them in 2009.

The Williamses testified during arbitration they used StarCaps, a diuretic tainted with bumetanide — a controlled substance the league and NFL Players Association classify as a masking agent for steroids — to lose weight and earn $400,000 bonuses at the start of training camp.

Larson sided with the Williamses on the issue of notification. He wrote the NFL took three weeks to tell the players about their failed tests when DATWA requires employers to notify workers within three days.

He also said a trial would determine whether the Williamses’ confidentiality was violated under DATWA when news of their suspensions leaked to the media before they were informed. (via TwinCities.com)

So…the crux of the case going forward?  Who employs the Pat and Kevin Williams’?  The NFL or the Vikings?

The league argues the Vikings employ the players by contracting and compensating for their services. The Williamses counter the NFL is responsible for establishing playing rules and disciplining players under the anti-doping policy.

Peter Ginsberg, attorney for the Williamses, said he was optimistic they would prove the NFL is liable for violating his client’s rights under Minnesota law.

“The NFL controls player pensions and work conditions. The NFL controls the work place environment and has a responsibility to abide by state law, and in this case it violated that responsibility,” Ginsberg said.

If the NFL is determined to be the Williams’ employer then they would have violated the DATWA’s notice provision and possibly the confidentiality provision (this is due in part to the Williams suspension actually being leaked to the media before the Williams’ themselves knew about it) which could lead to a permanent bar on the suspensions.  More importantly though, a win for the Williams’ could lead to a many other players following suit; suing the NFL under state law claims to prevent drug policy suspensions.

Of course, we may see the NFL choose to take the proactive approach, as they may ask the U.S. Supreme Court to rule on the issue so as to not deal with numerous future lawsuits.

What makes this case all that more interesting?  That pesky American Needle case.  In the American Needle case the NFL is arguing that the league is a single entity (not 32 separate teams) so as to bypass anti-trust law regarding merchandising.  Here?  The NFL is essentially arguing that the league isn’t a collective but 32 distinct teams which would prevent the NFL from being liable under DATWA.

If you’re having trouble figuring out whether the NFL is a single entity or 32 distinct teams, and think that a ruling on one of these cases will significantly impact the other case…you aren’t alone.

Even more interesting?  The league’s anti doping policy, which of course is now in question, was collectively bargained for under the NFL CBA.  If the Williams’ ultimately win the case, anybody think some serious discussions regarding a re-vamping of the league’s drug policy will come up?

…its all the NFL needs…one more thing to argue about before 2011.