The Value of Suspension
Brandon Marshall has been suspended for conduct detrimental to the club. What does that really mean and what effect does it have on the team and on Brandon Marshall?
Article VIII of the NFL Collective Bargaining Agreement ("CBA") deals with discipline. Conduct Detrimental to Club is defined as a maximum fine of an amount equal to one week's salary and/or suspension without pay for a period not to exceed four (4) weeks. The Terrell Owens mess a few years (arbitrator's decision dated Nov 23, 2005) ago was expressly overruled by the latest CBA. So we really can't use the TO experience in analyzing Baby TO.
First, we must stop assuming that BMarsh is wealthy. He is not. He earned appx. $500,000 each year for his first three years. Oddly, this year he chooses to act out and it is the year he is scheduled to earn $2.198 million. If I am correct, NFL players are not paid for a full year but rather for the pre-season required camps plus 16 regular season game weeks. Playoffs have another pay schedule. So, assuming 17 weeks to be paid (16 game season), BMarsh is currently earning appx. $129.294 per week. Reports are that he is suspended for the next two weeks remaining in the pre-season, so he's lost at least $2,450 ($1,225 per week for veterans under the CBA). BMarsh said he's losing $14,000 per week in preseason (but see this article that says he's losing $17,000 Brandon Marshall says he'll be at training camp" He can file a grievance with the NFLPA, but I'm pretty sure that will go nowhere. He will lose the $129.294 per week if his suspension is continued for the first two games of the regular season.
One thing we can agree on is that BMarsh has not handled the situation very well...and by extension his agent.
On a human level no-one wins in this situation.
What will be the effect of this? Here are some intuited ideas:
- Brandon will wake up and smell the coffee. Probability Score = 20%
- Brandon will pout and be suspended another two weeks. Probability Score = 60%
- Broncos will trade him. Probability Score = 50%
- Broncos will bench him. Probability = 0% Don't give me that weak argument about setting a precedent.
- Broncos will release him unconditionally. Probability = 40%
BMarsh will not be eligible for the balance of his contract or termination pay if the Club can demonstrate that, after receipt of a written warning from the Club, the player failed to exhibit the level of good faith effort which can be reasonably expected from NFL players on that Club. That's also in paragraph 11 of the standard player's contract. See also paragraph 2 regarding conduct. Bottom line: the Broncos would not have to pay anything and BMarsh would get nothing. Yes, the Broncos may lose a good player but they will have gotten rid of a problem.
This is a Fan-Created Comment on MileHighReport.com. The opinion here is not necessarily shared by the editorial staff of MHR
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keep suspending him and then put the franchise tag on him
I would also like to buy him a hand gun, so he can shoot himself in the foot………
I ride the short bus!
Why franchise him when that would make him one of the top 5 paid wide receivers in the league?
This makes no sense when the guy is not producing for your team.
especially when he is an RFA and you can tag him with a double first rounder tag
http://www.davusx.net/assets/db/la_la_land.gif
"We should have kept Seattle and dumped San Diego from the Division"
Davis and Sharpe to the Hall!
by Jon Tollerud on Aug 28, 2009 1:21 PM MDT up reply actions
Their is no need to franchise him
He will be a restricted FA. That means that the Broncos can match any offer he recieves and keep him if they want.
That is his problem. Teams are reluctant to deal with restricted FA’s because even if they agree to terms, they still may not get the player. Thus there are not too many huge contracts worked out with RFAs.
"My team's on the floor"
Gene Hackman - Hoosiers
Not even necessary....
the Broncos can charge him with constructive breach and hold him under contract for another year the same as if he held out. At this point, unless he changes his behavior, no court is likely to rule that he has made a good faith effort to fulfill his contract. He remains under contract until he performs.
Marshall is not just immature – he is downright STUPID
by SlowWhiteGuy on Aug 28, 2009 2:11 PM MDT up reply actions
Kennard McGuire
Kennard McGuire is Marshall’s agent. CSMG=
Clients:
o Gaines Adams – Tampa Bay Buccaneers
o Will Allen – Tampa Bay Buccaneers
o JJ Arrington – Arizona Cardinals
o Correll Buckhalter – Philadelphia Eagles
o Jonathan Goodwin – New Orleans Saints
o Kelvin Hayden – Indianapolis Colts
o Reggie Hayward – Jacksonville Jaguars
o Warrick Holdman – Denver Broncos
o David Irons – Atlanta Falcons
o Kenny Irons – Cincinnati Bengals
o Omar Jacobs – Free Agent
o Chris Leak – Chicago Bears
o Brandon Marshall – Denver Broncos
o Donovan McNabb – Philadelphia Eagles
o Antwaan Randle El – Washington Redskins
o Charles Sharon – Jacksonville Jaguars
o Darryl Tapp – Seattle Seahawks
o Lofa Tatupu – Seattle Seahawks
o Brian Westbrook – Philadelphia Eag
Interesting that a lot of these players are not on the teams listed on CSMG’s website.
What will be the effect of this?
He just got dropped even lower on most fantasy draft lists, including mine.
Kennard McGuire Update
The CSMG is old info. Sorry. Here’s the latest from NFLPA. WARNING!!! Some sites with msworldllc.com are virus laden!!! mlsworldllc.com
MS World LLC
1270 Crabb River Road
Suite #600 – 104
Richmond TX, 77469-5636
Phone:(281) 343-0918
Fax: (281) 545-2744
Clients:
Andre’ Davis
Andre Gurode
Antwan Peek
Bethel Johnson
Brandon Marshall
Cory Redding
Dre’ Bly
Gerrick McPhearson
Javon Walker
Juqua Parker
Ken Hamlin
Martellus Bennett
Michael Bennett
Michael Goodson
Orlando Pace
Ryan Pickett
Santonio Thomas
Shaun Rogers
Shawn Springs
Stanley Wilson
Terrence Holt
Terry Cousin
TJ Houshmandzadeh
Torry Holt
Vince Wilfork
Marshall's Suspension
BM has not lost $200,000 from this suspension. He would only lose pay from his $2.2M salary if he is suspended from a regular season game. His $2.2 million is spread out over the 17 week season ($130,000 per week).
Hopefully this is a shot across the bow to BM so he realizes that he will lose $520,000 if he doesn’t shape up. That, my friends, is real money.
You could be right
I really don’t know for sure. But I’m pretty sure it’s a 16 week season. Also, I’m pretty sure that players get paid for the pre-season.
Research
Yep. I think you’re partly right in that players are only paid a per-diem for preseason in amounts governed by the NFL CBA. (currently $1,225 per week for veterans).
Didn't BM say that he would be loosing 15K a day if he held out of training camp?
by RevrendBronco on Aug 28, 2009 1:28 PM MDT up reply actions
17 Week Season
It is a 17 week, 16 game season.
I agree +1
I thought it was about $18,000 and some change, but regardless, the numbers are close enough to make your point.
"You give 100 percent in the first half of the game, and if that isn't enough, in the second half you give what's left." – Yogi Berra
"No, I'm from Iowa, I only work in outer space."
my wish
is that they just suspend him for the whole season as punishment…..he gets no money and just has to sulk……I guarantee he would learn his lesson. No one has ever taught this kid a lesson…….the best thing is if he gets the book thrown at him and is forced to look at himself for the problem…o/w his problems will continue…..it will take an act of God for that to happen though. He has already put it in his mind that he DESERVES better…..too bad.
Incremental
I think the Broncos are being professional in incrementally escalating the penalties for Marshall’s misconduct. It may come to what you suggest. In the meantime the Broncos seem to be circumspect but resolute in their actions.
I think so too, EZ
That is what Josh alluded to in his presser.
Here are some more things that pertain.
From the CBA:
ARTICLE XXXVIII-A
Section 4. Payments: Players with Qualifying Contracts shall be paid 1/17th of the specified minimum salary on a weekly basis (e.g., 1/17 of $750,000 per week in the 2002 League Year for a player with ten or more Credited Seasons).
ARTICLE XLII
POST-SEASON PAY
Section 1. System: Beginning with the post-season following the 1993 regular season, a four-tiered ("wild card" game, division playoff game, conference championship and Super Bowl game) play-off system will be used and continued throughout the term of this Agreement.
Section 2 Deals with the amount of Compensation for each tier.
APPENDIX C
NFL PLAYER CONTRACTS
2. EMPLOYMENT AND SERVICES. Club employs Player as a skilled football player. Player accepts such employment. He agrees to give his best efforts and loyalty to the Club, and to conduct himself on and off the field with appropriate recognition of the fact that the success of professional football depends largely on public respect for and approval of those associated with the game. Player will report promptly for and participate fully in Club’s official mandatory minicamp(s), official preseason training camp, all Club meetings and practice sessions, and all preseason, regular season and postseason football games scheduled for or by Club. If invited, Player will practice for and play in any all-star football game sponsored by the League. Player will not participate in any football game not sponsored by the League unless the game is first approved by the League.
3. OTHER ACTIVITIES. Without prior written consent of the Club, Player will not play football or engage in activities related to football otherwise than for Club or engage in any activity other than football which may involve a significant risk of personal injury. Player represents that he has special, exceptional and unique knowledge, skill, ability, and experience as a football player, the loss of which cannot be estimated with any certainty and cannot be fairly or adequately compensated by damages. Player therefore agrees that Club will have the right, in addition to any other right which Club may possess, to enjoin Player by appropriate proceedings from playing football or engaging in football-related activities other than for Club or from engaging in any activity other than football which may involve a significant risk of personal injury.
6. PAYMENT. Unless this contract or any collective bargaining agreement in existence during the term of this contract specifically provides otherwise, Player will be paid 100% of his yearly salary under this contract in equal weekly or biweekly installments over the course of the applicable regular season period, commencing with the first regular season game played by Club in each season. Unless this contract specifically provides otherwise, if this contract is executed or Player is activated after the beginning of the regular season, the yearly salary payable to Player will be reduced proportionately and Player will be paid the weekly or biweekly portions of his yearly salary becoming due and payable after he is activated. Unless this contract specifically provides otherwise, if this contract is terminated after the beginning of the regular season, the yearly salary payable to Player will be reduced proportionately and Player will be paid the weekly or bi weekly.
8. PHYSICAL CONDITION. Player represents to Club that he is and will maintain himself in excellent physical condition. Player will undergo a complete physical examination by the Club physician upon Club request, during which physical examination Player agrees to make full and complete disclosure of any physical or mental condition known to him which might impair his performance under this contract and to respond fully and in good faith when questioned by the Club physician about such condition. If Player fails to establish or maintain his excellent physical condition to the satisfaction of the Club physician, or make the required full and complete disclosure and good faith responses to the Club physician, then Club may terminate this contract.
9. INJURY. Unless this contract specifically provides otherwise, if Player is injured in the performance of his services under this contract and promptly reports such injury to the Club physician or trainer, then Player will receive such medical and hospital care during the term of this contract as the Club physician may deem necessary, and will continue to receive his yearly salary for so long, during the season of injury only and for no subsequent period covered by this contract, as Player is physically unable to perform the services required of him by this contract because of such injury. If Player’s injury in the performance of his services under this contract results in his death, the unpaid balance of his yearly salary for the season of injury will be paid to his stated beneficiary, or in the absence of a stated beneficiary, to his estate.
10. WORKERS’ COMPENSATION. Any compensation paid to Player under this contract or under any collective bargaining agreement in existence during the term of this contract for a period during which he is entitled to workers’ compensation benefits by reason of temporary total, permanent total, temporary partial, or permanent partial disability will be deemed an advance payment of workers’ compensation benefits due Player, and Club will be entitled to be reimbursed the amount of such payment out of any award of workers’ compensation.
11. SKILL, PERFORMANCE AND CONDUCT. Player understands that he is competing with other players for a position on Club’s roster within the applicable player limits. If at any time, in the sole judgment of Club, Player’s skill or performance has been unsatisfactory as compared with that of other players competing for positions on Club’s roster, or if Player has engaged in personal conduct reasonably judged by Club to adversely affect or reflect on Club, then Club may terminate this contract. In addition, during the period any salary cap is legally in effect, this contract may be terminated if, in Club’s opinion, Player is anticipated to make less of a contribution to Club’s ability to compete on the playing field than another player or players whom Club intends to sign or attempts to sign, or another player or players who is or are already on Club’s roster, and for whom Club needs room.
12. TERMINATION. The rights of termination set forth in this contract will be in addition to any other rights of termination allowed either party by law. Termination will be effective upon the giving of written notice, except that Player’s death, other than as a result of injury incurred in the performance of his services under this contract, will automatically terminate this contract. If this contract is terminated by Club and either Player or Club so requests, Player will promptly undergo a complete physical examination by the Club physician.
14. RULES. Player will comply with and be bound by all reasonable Club rules and regulations in effect during the term of this contract which are not inconsistent with the provisions of this contract or of any collective bargaining agreement in existence during the term of this contract. Player’s attention is also called to the fact that the League functions with certain rules and procedures expressive of its operation as a joint venture among its member clubs and that these rules and practices may affect Player’s relationship to the League and its member clubs independently of the provisions of this contract.
15. INTEGRITY OF GAME. Player recognizes the detriment to the League and professional football that would result from impairment of public confidence in the honest and orderly conduct of NFL games or the integrity and good character of NFL players. Player therefore acknowledges his awareness that if he accepts a bribe or agrees to throw or fix an NFL game; fails to promptly report a bribe offer or an attempt to throw or fix an NFL game; bets on an NFL game; knowingly associates with gamblers or gambling activity; uses or provides other players with stimulants or other drugs for the purpose of attempting to enhance on-field performance; or is guilty of any other form of conduct reasonably judged by the League Commissioner to be detrimental to the League or professional football, the Commissioner will have the right, but only after giving Player the opportunity for a hearing at which he may be represented by counsel of his choice, to fine Player in a reasonable amount; to suspend Player for a period certain or indefinitely; and/or to terminate this contract.
19. DISPUTES. During the term of any collective bargaining agreement, any dispute between Player and Club involving the interpretation or application of any provision of this contract will be submitted to final and binding arbitration in accordance with the procedure called for in any collective bargaining agreement in existence at the time the event giving rise to any such dispute occurs.
Sorry for the Hijack, just trying to help. I had this data and was going to do a post.
"You give 100 percent in the first half of the game, and if that isn't enough, in the second half you give what's left." – Yogi Berra
"No, I'm from Iowa, I only work in outer space."

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