Negotiations to remove NFL commissioner Roger Goodell as the final voice on all player appeals under the personal conduct policy took a "massive step backwards," NFLPA executive director DeMaurice Smith said in an email to the union's executive committee.
ESPN.com has obtained a copy of the email, which reads in part:
"When I briefed you on the status of negations with the NFL regarding the Personal Conduct Policy (the PCP) at our annual meetings, I shared with you the understanding I had with Roger as to our progress and positions. However, after our annual meetings had concluded, the NFL officially communicated a dramatic change of course. ... In short, unfortunately, it's a massive step backwards from where negotiations stood several weeks ago."
Smith said negotiations regarding the PCP have centered on three things: neutral arbitration for appeals of discipline; the use of the Commissioner Exempt List; and delegation of commissioner disciplinary authority. Smith stated that the union has always negotiated with the mindset that the issues are intertwined and regard them as an "inclusive package".
The league apparently feels otherwise.
"The NFL's latest proposal reflects a new position of the NFL that neutral arbitration is NOT a part of this negotiation," Smith wrote. "Moreover, their most recent proposal takes several steps backwards on the issues we discussed as recently as a few weeks ago."
Smith outlined them as follows, writing:
"a) During negotiations back in October, we gave tentative approval to an NFL proposal that included the idea of the use three former judges as a jointly selected arbitration panel and agreed with their demand that those individuals have "some background in football". However, in their most recent proposal, that idea is gone, and they want players to only agree on the narrow issues to be presented to an arbitrator, and
"b) Regarding the Commissioner Exempt List, they want to have the ability to ask a player to go on the Commissioner Exempt List on a voluntary basis with no limitations, not based on allegations of violent crimes. This is entirely too broad, and we have never embraced that idea."
Smith went on to say: "The final decision on the NFL's recent proposal (which is dated March 21) will be made by our Board and Executive Committee, but given the number of outstanding issues it's clear that the NFL once again wants to dictate and narrowly limit the scope of these collective bargaining negotiations. "Additionally, it is very important to know that the NFL's current proposal does little to address the NFL's legal and ethical failings regarding the PCP that have occurred during the past year."
NFL officials could not be reached immediately for comment.
