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Monday, February 4, 2008
Potential ramifications of Vick ruling
The Atlanta Journal-Constitution
Around Thanksgiving, the Falcons were excited about an arbitrator’s ruling that allowed them to collect $20 million from quarterback Michael Vick. Special Master Stephen Burbank’s judgment was based on Vick being unable to earn already paid bonus money (the remainder of $37 million in bonuses) while in prison for fighting dogs.
A day after the Super Bowl, New England isn’t the only team licking its wounds. U.S. District judge David Doty reversed the earlier ruling Monday and said that Vick only has to pay back $3.75 million of the $20 million. Doty cited provisions in the NFL/NFLPA collective bargaining agreement that he felt were misinterpreted by Burbank.
Atlanta could appeal Doty’s ruling. It’s not saying what it plans to do right now. Its silver lining at the moment is that is can collect something, rather than nothing at all.
What this means for the Falcons is that if Vick pays them the $3.75 million, they could receive that much credit toward the salary cap a year after it is collected. If Vick doesn’t pay it, the Falcons don’t get any credit.
That amount of credit, which couldn’t be used until the 2009 season, is less than half of what Vick will count on the salary cap this season and next season.
For Vick, who is serving 23 months in prison, this is some of the better news he’s heard in awhile. He will be able to hang on to some of his money, which is important for him since his admission to the federal dogfighting charge and indefinite suspension cost him his livelihood and his endorsements. Vick is also being sued by several businesses he was involved with for collection of debt.
There is a bigger issue with this ruling as well. Doty’s ruling establishes precedent for provisions included in the 2006 collective bargaining agreement extension by the NFL Players Association. The NFLPA included language in the CBA that protects bonus money, other than signing bonuses, from being claimed by owners, even if the player defaults on his contract.
Owners are already threatening to opt out of the CBA later this year, which could disrupt labor peace and put the sport in line for a potential work stoppage after the 2010 season. NFLPA chief Gene Upshaw said last week that players won’t be giving back any of the current agreements, which some owners feel is too player friendly.
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