MINNEAPOLIS -- The NFL has pushed back against the NFL Players Association's lawsuit on behalf of suspended Minnesota Vikings running back Adrian Peterson, with a Friday filing in U.S. District Court that argued it should be thrown out.
In the 35-page document, the league argued that commissioner Roger Goodell had the authority to suspend Peterson until at least April 15, under the league's personal conduct policy. The league also claimed the collective bargaining agreement gave Goodell the right to choose arbitrator Harold Henderson -- a former NFL executive -- to hear Peterson's appeal.
Additionally, the league argued that according to the CBA, any arguments about the fairness of Peterson's suspension were to be heard by an arbitrator, not in federal court. It cited as precedent the StarCaps case, in which the 8th Circuit Court of Appeals found that federal courts could not vacate the league's suspensions of former Vikings defensive tackles Pat and Kevin Williams for using a banned diuretic, and rejected the Williams' attempts to have their suspensions overturned because of arbitration bias.
"The NFLPA now asks this Court to vacate the Award and immediately reinstate Peterson to the NFL based on arguments that were all considered and specifically rejected in the arbitration proceeding below," the league argued. "Federal labor law, which governs this action, completely forecloses the Union's request.
"The Union's arguments that Peterson's suspension is not permitted by the text of the CBA or the 'law of the shop' --- all of which were carefully considered and rejected by the Hearing Officer below -- are exactly the type of interpretative disputes that are for the arbitrator to resolve and may not be challenged in court. An arbitration award draws its essence from the parties' agreement and cannot be vacated where, as here, the Hearing Officer arguably construed or applied the agreement."
The NFLPA is fighting to have Peterson's suspension overturned immediately, arguing the running back's punishment was not in line with the personal conduct policy and claiming the league appointed a biased arbitrator in Henderson to hear the appeal. U.S. District Court judge David Doty is scheduled to hear the union's motion on Feb. 6 at 3 p.m. ET.
In an interview with ESPN on Dec. 12 -- the day Henderson upheld his suspension -- Peterson said he had "been disappointed in the entire process, and of course disappointed in the decision by Mr. Henderson.
"With all the facts that were presented to him, it seemed like a no-brainer. But when you get paid $4 million by the guy who appointed you as arbitrator, I knew the odds were against me. It would have been nice to have an unbiased arbitrator, and not have anyone who has the NFL's best interests in mind in that type of situation."
In its Friday filing, however, the league argued it was within its rights to choose its own arbitrator, and cited the StarCaps case to claim the union had a "heavy burden" to show more than an appearance of bias. According to the league's motion, the union could not prove Henderson's association with the league led him to handle the appeal with any actual bias.