Missing rule in CBA could hurt NFL's case
The NFL's draft eligibility rule might be common knowledge, but the subject is not covered in the CBA.
The document, from its five-paragraph preamble all the way to the final "worker's compensation" listing in the index, covers 292 pages.
In the NFL collective bargaining agreement, essentially the treaty which brokered labor peace between the league and its players in 1993, there are 61 articles, appendices from "A" through "N" and 357 sections. There is an introduction, countless subsections, and tens of thousands of words. There are painstakingly minute details about the salary cap, precise guidelines on severance pay, ponderous sections on arbitration, collusion, injury grievance procedures, moving and travel expenses and fringe benefits.
What there isn't in the collective bargaining agreement, however, is any explicit language regarding the NFL's rules for draft eligibility.

Make no mistake about it: While those who are advising Clarett keep talking about his possible transfer, most high-ranking league officials expect his next move to be made in a legal brief and not in NCAA waiver papers, releasing him from his Buckeyes scholarship.
The league's high-powered attorneys are already preparing for the potential assault on the NFL's ability to maintain the college playing fields as a quasi-minor league system. And commissioner Paul Tagliabue has reiterated the NFL will vigorously defend it rules that a player must be three years removed from high school graduation to petition for inclusion in the draft.
But you've got to wonder why the league and the NFL Players Association, which pored over every word and closely scrutinized every comma when negotiating the CBA, failed to include the draft guidelines in the document. Heck, even Harold Henderson, the NFL's vice president of labor relations, wonders why the language isn't in the CBA.
The answer seems to be more a case of oversight than a lack of foresight.
"I know that we agree on (the draft eligibility rules)," Henderson told ESPN.com before the Tampa Bay Buccaneers and Philadelphia Eagles game on Monday night at sparkling new Lincoln Financial Field. "Why it didn't get into the CBA, well, I don't know. I certainly wish it was in there."
Henderson is one of the league's good guys and his candor, and patience in explaining elements to those of us who are not labor attorneys, is always appreciated. He allowed on Monday night that he was surprised no one had previously asked him, particularly in the wake of the Clarett situation, why the draft eligibility rules weren't in black and white. And he was legitimately perplexed that they are not an explicit part of the CBA, instead of just floating around nebulously, aching to be challenged by some kid who feels that he has nowhere else to turn to continue his football career.
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On-Line So how about the matchup of Cleveland left defensive end Courtney Brown and Baltimore right offensive tackle Orlando "Zeus" Brown for one to watch on Sunday, huh? To the best knowledge of both players, they are not blood relatives, although both have served time playing for (who else?) the Browns. Orlando Brown returned last week to play 50 of 79 snaps in his comeback from a three-season hiatus, an absence precipitated by the eye injury that he incurred when referee Jeff Triplette inadvertently hit him in 1999 with a penalty flag that was weighted down with pellets. There are some cynics who would contend that Courtney Brown, the first overall prospect chosen in the 2000 draft, has been missing in action as well over the past three years. To suggest the former Penn State star has been a bust to this point in his career would be gross understatement. But the Cleveland coaches have moved Courtney Brown to the left side this season, where his skills defending the run are better served, and he actually posted a sack in last week's loss to the Indianapolis Colts. Ravens coach Brian Billick has mandated his team run the ball better this weekend than it did in the opening-game defeat at Pittsburgh, so that should mean plenty of Brown-on-Brown battles. |
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The List The Cincinnati Bengals go on the road to face the Raiders this weekend and are 0-8 in Oakland. The Raiders have an 11.8-point average victory margin in those eight games, have scored 30 or more points six times and never been held under 27 points. Here's a litany of the Bengals' woes in Oakland: |
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| Year | Score | ||||||
| 1998 | Raiders 27, Bengals 10 | ||||||
| 1980 | Raiders 28, Bengals 17 | ||||||
| 1976 | Raiders 35, Bengals 20 | ||||||
| 1975 | Raiders 31, Bengals 28 | ||||||
| 1974 | Raiders 30, Bengals 27 | ||||||
| 1971 | Raiders 31, Bengals 27 | ||||||
| 1969 | Raiders 37, Bengals 17 | ||||||
| 1968 | Raiders 31, Bengals 0 | ||||||
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Stat of the Week After the first weekend of play, Pittsburgh Steelers quarterback Tommy Maddox is the league's top-ranked passer, with an efficiency rating of 134.3. As noted last week in many reports, Maddox is the league's lowest-paid quarterback, with 2003 compensation of just $725,000. So maybe it is time for a raise. The combined 2003 compensation of Kyle Boller (Baltimore), Kordell Stewart (Chicago), Jake Plummer (Denver), Peyton Manning (Indianapolis), Kelly Holcomb (Cleveland), Rodney Peete (Carolina), Brett Favre (Green Bay), Tom Brady (New England) and Donovan McNabb (Philadelphia) is $41.42 million. The average passer rating for those nine quarterbacks through one week of the regular season is just 40.3, less than one-third of Maddox' rating. |
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Stat of the Weak In just his fifth season, San Francisco quarterback Jeff Garcia has a career passer rating of 89.8, fourth-best in NFL history. His ratio of 97 touchdown passes to just 44 interceptions is the best in league annals. But the gaudy numbers mean little when Garcia goes on the road to St. Louis, where he has struggled mightily at the Edward Jones (nee Trans World) Dome. In four games at St. Louis, he has completed only 58 of 109 passes for 685 yards, with three touchdown passes, seven interceptions and a passer efficiency rating of 54.9. Take away those four road games versus the Rams and Garcia's rating against everyone else in the league is 92.2. |
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The Last Word
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But being in agreement, and being delineated in the CBA, might be two different things in the eyes of a judge. Suffice it to say -- and many labor attorneys have, indeed, said it -- the league would be on much firmer ground were its rules committed to language in the collective bargaining agreement. Because they aren't, it could cost the league millions to defend rules much saner than all the eligibility guidelines that exist in other professional sports. And it could eventually, in theory, open up the league to any 18-year-old who feels he is ready to compete at the highest level of competition.
As Henderson pointed out, even if the draft rules were included in the CBA, it would not necessarily make for a legal slam-dunk for the league. "If putting it in (the CBA) made it an open-and-shut case, hey, we'd close the loophole right now," Henderson said. "We'd have taken care of it."
But companies and unions -- and the NFLPA is the exclusive bargaining agent for the league's rank and file -- have a right to collectively bargain hiring practices and guidelines for such. In most cases, for instance, you can't just stroll in off the street, grab a welder's torch and begin constructing an automobile frame. There is an apprenticeship to be served in most skilled crafts and the rules for those are collectively bargained. Those rules might not be ironclad, but they are made more difficult to challenge if committed to language.
The fact the NFL's draft eligibility rules aren't included in the CBA makes the task of league attorneys considerably more difficult in front of any judge. And the key oversight certainly means some crafty labor attorney is telling Clarett and his family that the NFL is vulnerable to a challenge.
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Len Pasquarelli is a senior NFL writer for ESPN.com.


