Common use of Commissioner Disapproval Clause in Contracts

Commissioner Disapproval. ‌ (a) If the Commissioner disapproves a Player Contract for any reason, he must inform the NFLPA in writing of the reasons therefore by noon on the date follow- ing such disapproval. (b) In the event the Commissioner disapproves any Player Contract as being in violation of this Article, Article 7, Article 13, or any other provision of the this Agreement, the filing of an appeal of such disapproval pursuant to Article 14, Section 5 or Article 15, Section 1 of this Agreement, shall automatically stay the Commissioner’s disapproval, and the player shall continue to be free to practice and play for the Club, until the System Arbitrator issues his or her ruling. Provided, however, that in the event such appeal is filed within one week of or after the first scheduled regular season game of the Club: (i) the appeal shall be conducted in an expedited manner and shall be con- cluded within five days of the filing date of such appeal; and (ii) the System Arbitrator shall issue his or her ruling by the end of such five day period. Provided, further, that, in the event the appeal is filed after the Club’s first preseason game, but before the date one week before the Club’s first scheduled regular season game: (i) the appeal shall be con- ducted in an expedited manner and shall be concluded within ten days of the filing date of such appeal; and (ii) the System Arbitrator shall issue his or her ruling by the end of such ten day period. If there is no ruling by the end of the periods prescribed in the preceding two sentences, or, for earlier filed appeals, by the day following the Club’s third preseason game, the automatic stay shall be dissolved. If the Commissioner disap- proves a Player Contract for any of the reasons stated above on a second occasion for the same player during a given League Year, and determines that such player should not be able to play, there shall be no stay of such disapproval pursuant to this Agreement, unless it is determined that the Commissioner’s second disapproval is arbitrary or capri- cious.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Commissioner Disapproval. (a) If the Commissioner disapproves a Player Contract for any reasonrea- son, he must inform the NFLPA in writing of the reasons therefore by noon on the date follow- ing following such disapproval. (b) In the event the Commissioner disapproves any Player Contract as being in violation of this Article, Article 7, Article 13the Salary Cap or Entering Player Pool, or any other provision of the Settlement Agreement or corresponding provision of this Agreement, the filing of an appeal of such disapproval pursuant to Article 14XV, Paragraph 5 or Article XXII, Paragraph 1 of the Settlement Agreement, or Article XXV, Section 5 or Article 15XXVI, Section 1 of this Agreement, shall automatically stay the Commissioner’s disapproval, and the player shall continue to be free to practice and play for the Club, until the System Arbitrator Special Mas- ter (or the District Court acting in lieu of the Special Master) issues his or her rulingits rul- ing. Provided, however, that in the event such Special Master appeal is filed within one week of or after the first scheduled regular season game of the Club: (i) the appeal shall be conducted in an expedited manner and shall be con- cluded concluded within five (5) days of the filing date of such appeal; and (ii) the System Arbitrator Special Master shall issue his or her ruling by the end of such five (5) day periodpe- riod. Provided, further, that, in the event the appeal is filed after the Club’s first preseason pre-season game, but before the date one week before the Club’s first scheduled regular season game: (i) the appeal shall be con- ducted conducted in an expedited ex- pedited manner and shall be concluded within ten (10) days of the filing date of such appeal; and (ii) the System Arbitrator Special Master shall issue his or her ruling by the end of such ten (10) day period. If there is no ruling by the end of the periods pe- riods prescribed in the preceding two sentences, or, for earlier filed appeals, by the day following the Club’s third preseason pre-season game, the automatic stay shall be dissolved. If the Commissioner disap- proves disapproves a Player Contract for any of the reasons stated above on a second occasion for the same player during a given League Year, and determines that such player should not be able to play, there shall be no stay of such disapproval pursuant to this Agreementagreement, unless it is determined that the Commissioner’s second disapproval disap- proval is arbitrary or capri- ciouscapricious. This agreement shall not prejudice or affect in any way, or constitute a waiver with respect to, any rights of class mem- bers to seek a stay or injunctive relief before the District Court, pursuant to the Federal Rules of Civil Procedure; nor shall it prejudice or affect in any way the rights of the NFL to oppose, or the arguments of the NFL in op- position, to such a stay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Commissioner Disapproval. (a) If the Commissioner disapproves a Player Contract for any reason, he must inform the NFLPA in writing of the reasons therefore by noon on the date follow- follow­ ing such disapproval. (b) In the event the Commissioner disapproves any Player Contract as being in violation of this Article, Article 7, Article 13, or any other provision of the this Agreement, the filing of an appeal of such disapproval pursuant to Article 14, Section 5 or Article 15, Section 1 of this Agreement, shall automatically stay the Commissioner’s 's disapproval, and the player shall continue to be free to practice and play for the Club, until the System Arbitrator issues his or her ruling. Provided, however, that in the event such appeal is filed within one week of or after the first scheduled regular season game of the Club: (i) the appeal shall be conducted in an expedited manner and shall be con- con­ cluded within five days of the filing date of such appeal; and (ii) the System Arbitrator shall issue his or her ruling by the end of such five day period. Provided, further, that, in the event the appeal is filed after the Club’s 's first preseason game, but before the date one week before the Club’s 's first scheduled regular season game: (i) the appeal shall be con- con­ ducted in an expedited manner and shall be concluded within ten days of the filing date of such appeal; and (ii) the System Arbitrator shall issue his or her ruling by the end of such ten day period. If there is no ruling by the end of the periods prescribed in the preceding two sentences, or, for earlier filed appeals, by the day following the Club’s 's third preseason game, the automatic stay shall be dissolved. If the Commissioner disap- disap­ proves a Player Contract for any of the reasons stated above on a second occasion for the same player during a given League Year, and determines that such player should not be able to play, there shall be no stay of such disapproval pursuant to this Agreement, unless it is determined that the Commissioner’s 's second disapproval is arbitrary or capri- ciouscapri­ ClOUS.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Commissioner Disapproval. (a) If the Commissioner disapproves a Player Contract for any reason, he must inform the NFLPA in writing of the reasons therefore by noon on the date follow- ing following such disapproval. (b) In the event the Commissioner disapproves any Player Contract as being in violation of this Article, Article 7, Article 13, or any other provision of the this AgreementAgree- ment, the filing of an appeal of such disapproval pursuant to Article 14, Section 5 or Article 15, Section 1 of this Agreement, shall automatically stay the Commissioner’s disapproval, and the player shall continue to be free to practice and play for the Club, until the System Arbitrator issues his or her ruling. Provided, however, that in the event such appeal is filed within one week of or after the first scheduled regular season game of the Club: (i) the appeal shall be conducted in an expedited manner and shall be con- cluded concluded within five days of the filing date of such appeal; and (ii) the System Arbitrator shall issue his or her ruling by the end of such five day period. Provided, further, that, in the event the appeal is filed after the Club’s first preseason game, but before the date one week before the Club’s first scheduled regular season game: (i) the appeal shall be con- ducted conducted in an expedited manner and shall be concluded within ten days of the filing date of such appeal; and (ii) the System Arbitrator shall issue his or her ruling by the end of such ten day period. If there is no ruling by the end of the periods prescribed in the preceding two sentences, or, for earlier filed appeals, by the day following the Club’s third preseason game, the automatic stay shall be dissolved. If the Commissioner disap- proves disapproves a Player Contract for any of the reasons rea- sons stated above on a second occasion for the same player during a given League Year, and determines that such player should not be able to play, there shall be no stay of such disapproval pursuant to this Agreement, unless it is determined that the Commissioner’s second disapproval is arbitrary or capri- ciouscapricious.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Commissioner Disapproval. (a) If the Commissioner disapproves a Player Contract for any reason, he must inform the NFLPA in writing of the reasons therefore by noon on the date follow- ing following such disapproval. (b) In the event the Commissioner disapproves any Player Contract as being in violation of this Article, Article 7, Article 13, or any other provision of the this Agreement, the filing of an appeal of such disapproval pursuant to Article 14, Section 5 or Article 15, Section 1 of this Agreement, shall automatically stay the Commissioner’s disapproval, and the player shall continue to be free to practice and play for the Club, until the System Arbitrator issues his or her ruling. Provided, however, that in the event such appeal is filed within one week of or after the first scheduled regular season game of the Club: (i) the appeal shall be conducted in an expedited manner and shall be con- cluded concluded within five days of the filing date of such appeal; and (ii) the System Arbitrator shall issue his or her ruling by the end of such five day period. Provided, further, that, in the event the appeal is filed after the Club’s first preseason game, but before the date one week before the Club’s first scheduled regular season game: (i) the appeal shall be con- ducted conducted in an expedited manner and shall be concluded within ten days of the filing date of such appeal; and (ii) the System Arbitrator shall issue his or her ruling by the end of such ten day period. If there is no ruling by the end of the periods prescribed in the preceding two sentences, or, for earlier filed appeals, by the day following the Club’s third preseason game, the automatic stay shall be dissolved. If the Commissioner disap- proves disapproves a Player Contract for any of the reasons rea- sons stated above on a second occasion for the same player during a given League Year, and determines that such player should not be able to play, there shall be no stay of such disapproval pursuant to this Agreement, unless it is determined that the Commissioner’s second disapproval is arbitrary or capri- ciouscapricious.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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