When the Cowboys’ QB says the NFL has ‘no control’ over his contract situation
The NFL’s Collective Bargaining Agreement (CBA) does not allow the team to make decisions about player contracts on a player’s behalf.
It is also unclear what exactly the CBA does or does not protect from players being paid based on the salary cap, but it is the law.
While the CMA prohibits teams from using player contracts as a means of making salary cap decisions, it does not prohibit them from making salary-cap decisions in other ways.
For example, if a team signs a free agent that they believe to be underperforming in the NFL, the team may be able to use the player contract to make a salary cap decision in their favor.
In order to negotiate a player contract in this fashion, the NFLPA has argued that the CPA does not explicitly prohibit it.
In fact, it is in the CAA, and it is included in the collective bargaining agreement.
But the NFL’s legal team disagrees, and instead, argues that the NFLCPA protects player contracts in other areas, including salary cap and signing bonuses.
“The CBA is not an explicit prohibition of a team’s use of player contracts to determine salary cap flexibility,” said Chris Berman, a partner with the law firm Berman & Guggenheim in New York.
“The CAA’s language on player contracts is clear: If a team is in compliance with the CTA and it does its job, the league can use player contracts for salary cap purposes.
And that’s the way the CFA has always been interpreted.
We’re not arguing the CCA does not have an explicit ban on player-related salary cap calculations.
The NFLPA’s position that the language of the CSA expressly prohibits a team from using its salary cap for salary-related purposes is not credible,” Berman continued.
“Players are not forced to agree to salary cap allocations based on whether they are making less or more money than the cap.
They can negotiate their contracts to a salary that reflects their worth.
The CBA, like other pieces of the collective bargain, provides that the cap and salary-based salary cap allocation rules are to be applied fairly to players.”
The NFL’s position could prove to be a stumbling block in negotiations over player contracts.
As we have reported, the union has indicated it will not negotiate a new contract with Romo if the salary-capped player is not a first-round draft pick.
If the team does decide to renegotiate a player, it will likely need to provide the NFL with more details on the new salary cap.
The team could offer more information about the new cap, such as whether the cap will be lower than what the team would have received if the player had not signed a contract extension in 2017.
But even if the team decides to re-sign Romo, the new contract is unlikely to be fully guaranteed.
If the team were to rehire Romo, he would likely be subject to a restructured contract that would increase his salary cap number by $20 million, and that number could be raised further.
In addition, the Cowboys would be in a difficult position if Romo does not return to the team, as he is under contract through 2020 and is eligible to become a free agents next March.
The Cowboys have already lost their top-ranked offensive lineman, Gavin Escobar, to free agency and are also looking to shed other key pieces, including cornerback Byron Jones, cornerback DeMarcus Ware, and linebacker Nick Hayden.
While it is difficult to quantify exactly how much Romo’s salary-busting contract will cost the Cowboys, the number of years Romo would have to be on the roster to qualify for a $20.3 million salary cap hit is likely to be significant.
If Romo is unable to find a new team for the 2017 season, the total cost of a new deal could be close to $100 million.