CBA language could give Drew Brees contract leverage

Tobias-Reiper · 05-27-2012, 12:32 PM

Originally Posted by saintsfan1976

"Any Club that designates a player as a Franchise Player for the third time... "

I agree this sentence would need clarification from the NFLPA. It doesn't specify that the condition is the player being tagged 3 times by the same team, just that he's tagged 3 times.

Beastmode · 05-27-2012, 12:48 PM

Originally Posted by Tobias-Reiper

I agree this sentence would need clarification from the NFLPA. It doesn't specify that the condition is the player being tagged 3 times by the same team, just that he's tagged 3 times.

Is this the first player to get franchised by different teams? I doubt it. Whichever formula they have been using in the past is the correct formula. This looks more like an act of desperation on Condon's part because I believe Loomis is done haggling. There is no way anybody is going to get the upper hand on him.

Tobias-Reiper · 05-27-2012, 05:25 PM

Originally Posted by Beastmode

Is this the first player to get franchised by different teams? I doubt it. Whichever formula they have been using in the past is the correct formula. This looks more like an act of desperation on Condon's part because I believe Loomis is done haggling. There is no way anybody is going to get the upper hand on him.

The formula from the past became obsolete with the new CBA, that's the problem: there would need to be some clarification as to what was meant in that sentence, if the franchise tags from before the new CBA still apply, if it was meant a team franchising the same player 3 times, or just the player being franchised 3 times, etc.

TheOak · 05-29-2012, 07:07 AM

Originally Posted by Tobias-Reiper

I agree this sentence would need clarification from the NFLPA. It doesn't specify that the condition is the player being tagged 3 times by the same team, just that he's tagged 3 times.

Clarification will look like this:

"Courts abide by the rule that an ambiguous contract is interpreted against the party who drafted it. In other words, the party who did not draft the contract will be given the benefit of the doubt so to speak."

Interpretation of Ambiguous contracts - Interpretation of Contracts - Contracts

In other words, the CBA is a contract drafted by the NFL (representing the franchise owners) and the NFLPA (representing the players).

If the NFL (and owners) did not clarify the terms of a third franchise tag then the Player (Drew) is given the benefit of the doubt and that is who the court would side with.

05-27-2012, 12:32 PM	#1
Tobias-Reiper Merces Letifer Join Date: Dec 2004 Posts: 4,161	Originally Posted by saintsfan1976 "Any Club that designates a player as a Franchise Player for the third time... " I agree this sentence would need clarification from the NFLPA. It doesn't specify that the condition is the player being tagged 3 times by the same team, just that he's tagged 3 times.

05-27-2012, 12:48 PM	#2
Beastmode 5000 POSTS! + Join Date: Jul 2010 Posts: 9,126	Originally Posted by Tobias-Reiper I agree this sentence would need clarification from the NFLPA. It doesn't specify that the condition is the player being tagged 3 times by the same team, just that he's tagged 3 times. Is this the first player to get franchised by different teams? I doubt it. Whichever formula they have been using in the past is the correct formula. This looks more like an act of desperation on Condon's part because I believe Loomis is done haggling. There is no way anybody is going to get the upper hand on him.
Beastmode 5000 POSTS! + Join Date: Jul 2010 Posts: 9,126

05-27-2012, 05:25 PM	#3
Tobias-Reiper Merces Letifer Join Date: Dec 2004 Posts: 4,161	Originally Posted by Beastmode Is this the first player to get franchised by different teams? I doubt it. Whichever formula they have been using in the past is the correct formula. This looks more like an act of desperation on Condon's part because I believe Loomis is done haggling. There is no way anybody is going to get the upper hand on him. The formula from the past became obsolete with the new CBA, that's the problem: there would need to be some clarification as to what was meant in that sentence, if the franchise tags from before the new CBA still apply, if it was meant a team franchising the same player 3 times, or just the player being franchised 3 times, etc.

05-29-2012, 07:07 AM	#4
TheOak 10000 POST CLUB Join Date: Dec 2009 Location: Cypress Tx. Posts: 19,059	Originally Posted by Tobias-Reiper I agree this sentence would need clarification from the NFLPA. It doesn't specify that the condition is the player being tagged 3 times by the same team, just that he's tagged 3 times. Clarification will look like this: "Courts abide by the rule that an ambiguous contract is interpreted against the party who drafted it. In other words, the party who did not draft the contract will be given the benefit of the doubt so to speak." Interpretation of Ambiguous contracts - Interpretation of Contracts - Contracts In other words, the CBA is a contract drafted by the NFL (representing the franchise owners) and the NFLPA (representing the players). If the NFL (and owners) did not clarify the terms of a third franchise tag then the Player (Drew) is given the benefit of the doubt and that is who the court would side with. Rugby Saint II likes this.
	It's not what you look at that matters, it's what you see. ~ Henry David Thoreau

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