NFL says union has ‘no basis’ to vacate Brady suspension

NEW YORK – The NFL and the National Football League Players Association sent dueling letters to the federal judge overseeing the challenge to Tom Brady’s suspension, suggesting they’re no closer to reaching an accord over lawsuits before the start of the season.

Brady was suspended for four games after the NFL concluded he was probably aware that team employees deflated game balls below the minimum air pressure to give him an advantage last season’s conference championship game. The league sued July 28 to confirm Brady’s suspension. The players association filed its own suit to reverse it.

The NFL said late Monday there was no basis to toss the suspension ordered by NFL Commissioner Roger Goodell because the 19 cases cited by the union as examples of similar cases “grossly distorts” prior court rulings in labor cases.

“Courts vacate arbitration awards only in extraordinary circumstances, none of which are present here,” wrote Daniel Nash, a lawyer for the NFL.

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The union responded in a letter Tuesday that the league’s collective bargaining agreement requires advance notice of discipline and its consequence to players. Brady’s punishment was “extreme,” which merited its canceling, Jeffrey Kessler, a lawyer for the union, said.

The dispute centers on whether Goodell acted properly or overstepped his authority. The NFL claims the players’ collective-bargaining agreement gives him the final say over Brady’s punishment. The players say Goodell acted without hearing any evidence, undermining Brady’s right to a fair hearing.

Time pressure

The judge directed Brady and NFL Commissioner Roger Goodell to appear in his courtroom Aug. 31, just days before a Sept. 4 target for a ruling in the case. Both sides agree that they want the matter decided before the Patriots’ Sept. 10 season opener at home against the Pittsburgh Steelers.

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