Earlier, it was announced that Rodger Goodell was going to be the arbitrator hearing the case of Tom Brady vs. the NFL et al. OK, so that’s not the official title of the case, but it is close enough.  Brady is appealing his suspension of four games and the loss of his money from it (a tad over two million dollars) and Goodell chose himself to hear it.  The NFLPA filed a request to have it sent to an independent arbitrator, both as part of the appeal and after Goodell named himself the arbitrator.  News came out earlier today that the request was denied, again, and that Goodell won’t recuse himself.  

Well, let’s be honest, why should he? If you cite the CBA, Goodell has the power to name the arbitrator and there is nothing the NFLPA can do about the selection except make formal requests/protests about the selection.  Plus, Goodell has a bad history with independent arbitrators in some of the past large cases.  The NFLPA asked for an arbitrator who would be more independent and cited former Commissioner Paul Tagliabue, former NFL labor executive Harold Henderson or former federal judge Barbara Jones (nfl.com) as options, all people the NFLPA has had success with in the past.  Let’s start with Tagliabue.

Tagliabue heard the appeals for the Saints BountyGate and changed suspensions for Jonathan Vilma, Wil Smith, Scott Fujita, and Anthony Hargrove.  As soon as he ruled in such a way, Goodell swiftly pulled him from the appeals for the Saints organization, GM, and the coaches that were also suspended.  When that was done, Goodell put himself as the arbitrator and nothing was changed.  In fact, Tagliabue has gone on the record as saying that his rulings on the appeals have strained the relationship between him and Goodell.  There is a saying that goes along with this… Oh what was it…

Anyway, on to independent arbitrator number two: former judge Barbara Jones.  She oversaw the Ray Rice appeal and overturned the indefinite suspension that Goodell had levied on Rice after giving him a two game suspension and after the video of what Rice did was made available to the public.  Goodell wanted that suspension to stand very much due to the PR mess that case became.  It was a case in which nothing good came of it for Goodell and it was worse when Jones said that the suspension was “… an abuse of discretion and must be vacated.” (nfl.com)  Again, Goodell loses on something he worked hard to create.  I KNOW there is a saying that pertains to this…

Independent arbitrator number three: former NFL labor executive Harold Henderson who was part of the Adrian Peterson saga.  He was the arbitrator for Peterson’s appeal for his suspension and it was upheld.  The NFLPA were not very happy with Goodell assigning Henderson to the case but two things about them mentioning his name.  One, the NFLPA was willing to at least meet halfway in their want to remove Goodell by putting someone else on the stand that Goodell favors.  Two, Peterson’s loss of the appeal was challenged in federal court and overturned, leading to him being activated for this upcoming season.  Both examples are illustrated by the NFLPA not being too upset about Henderson ruling over the Hardy appeal coming up soon.  

Goodell can’t afford to have this hearing heard by someone who he doesn’t think won’t keep it.  And, again, he has the ability to throw the CBA out and say he has the ability to do this.  And he does.  But what he doesn’t count for is how badly this is going to hurt his reputation.  First, he’s being called up as a witness by the NFLPA for the case.  Second, no matter the ruling, it will be criticized.  If he changes it even slightly he puts the words of his hired investigator, Ted Wells, into question.  It also puts into question NFL VP Troy Vincent who was tasked with handing out the suspension to Brady.  And it really pulls into question the ability of the league to take care of itself overall in these situations if this gets changed in the slightest bit.  Also, the NFL looses the prime storyline of Brady coming back in week six (Patriots have a bye week in week four) and facing the team that lead to this whole debacle.  The Colts.  Seriously, look me in the eye with a straight face and tell me that wasn’t planned.  I dare you.

However, if Goodell has it stand, it’ll be criticized because Goodell isn’t an impartial arbitrator.  He made, or at least signed off on, the original suspension so if he had any issues with it, he would’ve said so back then.  Also, Goodell risks having this go into a federal court.  Will Brinson of CBSSports writes that this could go into a federal lawsuit, much like the Peterson case, depending on how the ruling goes.  And, as Brinson writes, if the suspension isn’t overturned, “Brady would be facing a situation where he needs to file a lawsuit against the NFL and seek an injunction to play immediately.” (CBSSports.com)

To Goodell, however, the second option isn’t half bad and he’s willing to risk the federal action that may be a result.  He isn’t worried about his reputation to the fans.  Money really helps you forget the negatives: a salary of 11.6 million dollars in 2011 to that of 44 million dollars currently.  A CNN report stated that he made 105 million dollars combined from 08-12 alone.  Most paid player in those five years? Payton Manning at 85.7 million.  New York Daily News also reported that Goodell will make 308 million from 2012-19 (44M a year). Amount of 300 million contracts in the NFL? Big fat zero.  WR Calvin Johnson has the largest NFL contract in terms of total dollars in a seven year, 126.7 million dollar contract, 181.3 million less than Goodell.  In American sports? One: Giancarlo Stanton, 325 million but over 13 years, not seven.

Goodell would rather keep his suspension, and the huge storyline brewing for week six in the NFL, the way it is.  Because, as the saying goes, if you want something done right, do it yourself.