Here is the arbitration language at issue in the Flores litigation.
Flores-Dolphins 2019 Agreement:
Employee and the Club agree that all matters in dispute between Employee and the Club, including, without limitation, any dispute arising from the terms of this Agreement, Employee’s employment with the Club, or otherwise, shall be referred to the Commissioner of the NFL for binding arbitration in accordance with the NFL’s Dispute Resolution Procedural Guidelines (attached to this Agreement as Exhibit A).
Wilks-Arizona Cardinals 2018 Agreement:
Employee and the Club agree that all disputes, claims, or controversies that exist or that may arise between them, including without limitation any dispute arising out of or relating to the terms of this Agreement, Employee’s employment with the Club, or otherwise, shall be referred to the NFL Commissioner of the NFL for binding arbitration, except as otherwise provided herein.
Wilks-Carolina Panthers 2022 Agreement:
Any dispute, controversy or claim between Employee and Club, including without limitation any dispute arising from this Agreement, Employee’s employment with the Club, or otherwise, shall be resolved exclusively through final and binding arbitration as provided herein. This agreement to arbitrate shall apply to all claims and disputes between Employee and Club, including any claims by Employee against any owner, director, officer, employee or agent of Club and the NFL and its Member Clubs, with the exception of claims for workers or unemployment compensation benefits or where otherwise prohibited by law. Employee and Club waive all rights to trial by jury.
Horton-Tennessee Titans 2014 Agreement:
You agree at all times to comply with and to be bound by all of the provisions of the Constitution and By-Laws and Rules and Regulations of the NFL and of any other league of which Titans may hereafter become a member, all of which are hereby made a part of this Agreement, and by the decisions of the Commissioner of the NFL, which shall be final, conclusive and unappealable. You and Titans agree that all matters in dispute between You and Titans shall be referred to the Commissioner and his decision shall be accepted as final, complete, conclusive, binding and unappealable by You and Titans. You, if involved or affected in any manner whatsoever by a decision of the Commissioner, whether the decision results from a dispute between You and Titans or otherwise, hereby release and discharge the Commissioner, the NFL or any league of which Titans may hereafter become a member, each director, officer, stockholder, owner or partner of any club in the NFL, or in any league of which Titans may hereafter become a member, each employee, agent, official or representative of the NFL or of any club in the NFL, or of any league of which Titans may hereafter become a member, jointly or severally, individually and in their official capacities, of and from any and all claims, demands, damages, suits, actions and causes of action whatsoever, in low or in equity, arising out of or in connection with any such decision of the Commissioner.
It is useful to compare the above provisions to those in Mr. Gruden’s contract with the Raiders, which provided that “all matters in dispute between Gruden and Club, including without limitation any dispute arising from the terms of this Agreement, shall be referred to the NFL Commissioner for binding arbitration, and his decision shall be accepted as final, conclusive, and unappealable.”
- Senior Counsel
Chris is an attorney with more than thirteen years of experience at law firms, in-house, and in academia, with extensive expertise in sports, litigation, and labor and employment. He represents and advises employers with respect to ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- William A. "Zan" Blue, Jr.
- Obasi Bryant
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Lara C. de Leon
- Christopher R. Deubert
- Joyce M. Dos Santos
- Colin Finnegan
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- David C. Kurtz
- Angelique Groza Lyons
- John E. MacDonald
- Kelly McGrath
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- William K. Principe
- Sabrina M. Punia-Ly
- Angela L. Rapko
- Rachael Rustmann
- Paul Ryan
- Piyumi M. Samaratunga
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Jill S. Stricklin
- Jack R. Wallace
Archives
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010