Ohio State's Maurice Clarett Sues NFL

ABC/ESPN Breaking News ^ | September 23, 2003 | staff writer

[rftc]

Suspended Ohio State tailback Maurice Clarett sued the National Football League today in an historic attempt to gain entry into the league.

Under the current rules, Clarett is not eligible for entry until 2005.

[smith288]

And it says 19 year-old can't play in the NFL.

Says no such thing. Says "No one allowed who isnt 3 or more years removed from High School"

[Solson]

If Clarett was gay...he might win this case. he's not and he'll lose.

[ContemptofCourt]

The collective bargaining agreement, from its five-paragraph preamble all the way to the final "worker's compensation" listing in the index, covers 292 pages.

There are 61 articles, appendices from "A" through "N" and 357 sections. There is an introduction, countless subsections, tens of thousands of words. There are painstakingly minute details about the salary cap, precise guidelines on severance pay, huge sections on arbitration, collusion, injury grievance procedures, moving 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. Article XVI of the CBA deals with the draft. Its 13 sections lay out rules covering the annual timing of the draft down to workouts for draft eligible players. But there is nothing about eligibility.

.....

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 a automobile frame. There is an apprenticeship to be served in most skilled crafts and the rules for those are collectively bargained.

An employer and the exclusive bargaining agent for the workers can be in accord on the terms or conditions of employment. Just as individual states have a right to establish the age at which a citizen can belly up to the bar and legally buy a beer or mixed drink, or the age at which someone can drive, both sides in labor relationships can set guidelines under which people can be employed.

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 like Milstein was telling Clarett and his family that the NFL is vulnerable to a challenge.

It's not by happenstance that the apparent cornerstone of the Tuesday court action is the fact that the NFL eligibility rules exist outside the purview of the collective bargaining agreement. Or that Milstein charges that the rule is "a restraint of amateur athletes who were strangers to the collective bargaining process."

From espn.com

[Rad_J]

I have a right as a citizen of the US to earn a living as President of the United States!

I want to run for President but the US government uses age discrimination against me because I am under 30.

It is simply unconstitutional to discriminate against any adult citizen who wants to run for president before they are 35 years old.

I have to have been born in America to be President? What!?!?
That's racist! That's anti-immigrant! That's unconstitutional!!!!

WHAAAAA WHAAAAA WHAAAAA!!!!

[smith288]

SO he can technically get drafted but not play?

[y2k_free_radical]

STILL ANOTHER LAWYER BUMP

[j_k_l]

On the other hand, are you willing as a coach or owner to waste a high draft pick on a kid with his history?

Um...- Ricky Williams, Randy Moss, Warren Sapp...

yup

[y2k_free_radical]

educate me please

[hobbes1]

It's also part of the collective bargaining agreement signed with the NFL players association.

That is why it will not stand. The NFLPA is attempting to winnow down job competition by colluding to exclude potential players.

[Teacher317]

What makes the NFL different from the NBA which was forced to lower their age of acceptance?

The number of accepted and legal full-force collisions with 300-pound virtual blocks of granite. The NBA has 300-pounders, but their weight is distributed over a greater height. Also, the impacts are at far slower speeds, and with far less frequency. I'd say that protecting those who have not yet been though enough of those blunt-force traumas would be a legitimate concern. Clarett was playing against 180-pound HIGH SCHOOL linemen 18 months ago!

[Bikers4Bush]

So this ESPN article is in essence claiming that there is no rule?

If there is no rule then under what conditions is Clarett suing them?

Be careful what you believe from ESPN they are notoriously wrong on anything other than scores.

[xzins]

Is a law firm allowed to REQUIRE a law degree?

If the answer is yes, then the NFL is allowed to require X years of non-NFL experience in the level of football it designates BEFORE it declares you eligible.

[discostu]

No he doesn't. He's not old enough to play for the NFL. And the NFL does have restrictions, all leagues do, the pick conditions they feel are dangerous and could lead to injury and they don't allow players in with that. Even some temporary conditions will keep players out, most of the leagues are seriously cracking down on letting players play before they've recovered from concussions.

A lot of problem players get passed up on. Sometimes there's somebody dumb like the Chargers but for the most part you won't see discipline cases like Clarett taken before the 3rd round, and often they become undrafted walk-ons.

[CELTICGAEL (Celt)]

Here is an update in regard to his suit against the NFL.

http://www.nbc4columbus.com/cfoot572/2504857/detail.html

[misterrob]

Lawrence Phillips, Rae Caruth, Art Schlister (sic?), Todd Marinovich, etc.....


Think their teams would like those picks back?

Hell yeah

[SengirV]

Kiss the NFL as we know it good bye. Clarrett will win, and there is nothing the NFL can do about it. The last thing the NFL wants is for it's dirty monopoly laundry in full display in open court. They are refusing a grown man the right to earn a living. It doesn't get any simpler than that. The NFL/NCAA has been riding the gravy train on this issue for decades, now it's time to pay the clarrett piper.

[Dog Gone]

Since when does the NFL require a college degree for its players?

I was making an analogy to other companies in the US. Companies may make their own hiring practices so long as they're not illegally discriminating.

The NFL rule applies to all students, and that is the only criteria. It's legal.

[discostu]

Close enough. Since Clarett didn't graduate high school when he was 16 the CBA says he can't play in the NFL yet.

[CELTICGAEL (Celt)]

Read the lawsuit below


http://www.nbc4columbus.com/cfoot572/2504891/detail.html

[ken5050]

Don't understand your comment....however, many players are very unhappy with Gene Upshaw, and the most recent contract and the salary cap..that's why so many veterans are being cut..the teams can't get them in under the cap..and the minimums for veteran players increase each year..