NFL Collective Bargaining Agreement

Article 51
Miscellaneous

Section 14(g)(iv)
Sensors

(g)(iv)

No later than three (3) weeks following the filing of a complaint, or sooner if practicable, the Executive Director of the NFLPA and the NFL Deputy General Counsel, Labor shall be advised of the status of the investigation and shall attempt to determine if a violation occurred and, if so, the proper disciplinary response. If the parties are unable to agree upon whether or not a violation occurred or the appropriate discipline that should be imposed within three (3) weeks following the filing of a complaint, the matter will be immediately referred to the Impartial Arbitrator (as established by Article 16), who will review the complaint under the authority of this Article, using the following standards and procedures:

  • (a) Review. The Impartial Arbitrator shall determine: (1) whether a Club employee or member of a Club’s medical or performance team knowingly and materially failed to comply with this Subsection regarding the approval and use of Sensors in NFL practices, and if so, (2) whether there were any relevant mitigating or aggravating factors present in the incident.
    The Impartial Arbitrator’s review and decision shall be limited to whether or not the relevant party complied with this Subsection regarding the approval and use of Sensors in NFL practices.
  • (b) Procedure. The Impartial Arbitrator shall conduct a hearing as soon as is reasonable (but no later than thirty (30) days following the date on which the matter is referred to the Impartial Arbitrator), using the following procedures:
    • (i) The designated Representative(s) of the NFL and the designated Representative(s) of the NFLPA may present whatever documents, or summary they deem relevant to the Impartial Arbitrator’s inquiry. The Impartial Arbitrator is free to request additional information or live witness testimony, should he or she determine that such additional evidence is relevant and necessary to a decision. Any party that is the subject of the inquiry shall have the right to participate in the proceeding and to present a defense.
    • (ii) Within one (1) week of the close of evidence, the Impartial Arbitrator will issue a written report to the NFL Commissioner, the NFLPA Executive Director and the involved parties detailing his or her findings as to: (1) whether a Club employee or other member of a Club’s medical staff knowingly and materially failed to comply with this Subsection regarding the approval and use of Sensors in NFL practices and, if so, (2) whether there were any relevant mitigating or aggravating factors. The Impartial Arbitrator shall not offer his or her opinion as to the appropriate discipline, if any, that should result from the violation.