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CFLPA appeal of Chris Williams decision could have implications for both him and the CBA

Andrew Bucholtz

Former Hamilton Tiger-Cats' receiver Chris Williams' ongoing contract dispute with the club has been rather quiet since independent arbitrator E.E. Palmer ruled in June that the team made mistakes, but not ones that should require the contract to be voided. It seemed likely Williams would just sit out the season, wait for his contract to expire and then head to the NFL. That changed this week, though, with the CFL Players' Association issuing a release Thursday (original PDF here) saying that they're requesting judicial review of Palmer's decision. Regardless of what happens here, it's extremely unlikely Williams will come back to the CFL this year, but this could still have significant implications for him: while the process may drag on for months, it's certainly possible there could be a ruling in Williams' favour before his contract's set to expire in February, perhaps allowing him to go to the NFL sooner than expected. There may be even more significant implications are for the whole league, though, as the CFLPA's release directly related this matter to the upcoming negotiations over the next collective bargaining agreement (which is set to kick in next season):

While the CFLPA is respectful of the arbitration process, given the potential implications of this decision on all CFL Players, the CFLPA will be proceeding with an application for judicial review of the decision.

Despite the fact that Mr. Palmer found that the Tiger-Cats had breached the Collective Bargaining Agreement
between the CFL and the CFLPA by negotiating Williams' contract with an unregistered Agent, he ruled that
Williams' contract was legal and binding.

An agent who is registered with the CFLPA must have a solid understanding of the CBA, the CFL Standard Player Contract, and CFL salaries. In order to be a registered agent, the individual must provide evidence of that knowledge by successfully completing a CFLPA administered test. This knowledge allows the agent to provide appropriate guidance to CFL players as they negotiate with respective CFL Clubs.

The CFLPA's position is that CFL Clubs who negotiate with unregistered agents are at a distinct advantage in those discussions, and are depriving the CFL Player involved, regardless of who the player is, of his right to be represented by an agent who is familiar with the normal protocol of CFL Standard Player Contracts. In negotiating a player's rookie contract it is especially critical that CFL Clubs ensure that they are dealing with a registered agent as required by the CBA to ensure that the player's rights are protected and that a final
contract is in the player's best interests.

The CFLPA believes a judicial review of this decision is critical to ensure that there is legal clarity prior to entering into upcoming CBA negotiations with the CFL.

There would seem to be a few potential ramifications of this move for the entire league. For one, a finding that Williams' contract should have been voided would force teams to stick much more closely to the CBA-established procedure for signing players, including negotiating with CFLPA-registered agents and informing players they can sign a deal as short as two years (one regular year plus a team option). There haven't been many suggestions that teams have regularly violated this, but the fine Hamilton received from the arbitrator may not be a sufficient deterrent to keep others from following suit going forward. (Although, this hasn't exactly benefited the Tiger-Cats: it's not like they're getting anything out of Williams other than a bunch of bad press at the moment.) Moreover, forcing teams to deal with CFLPA-registered agents would seemingly give the union more power.

Beyond that, though, asking for judicial review here shows the CFLPA isn't happy with the league on this front, which may matter during CBA negotiations. A ruling in the CFLPA's favour might shift some perceived power from the league to the players, and that could be critical too. Keep in mind those negotiations are already expected to be at least somewhat contentious, given that the CFL's now pulling in vastly more TV revenue and the players will want more money as a result. Regardless of what happens here, it's highly unlikely that Williams will don a Hamilton uniform again this season, but that doesn't mean this is an insignificant decision. It could matter for Williams and his NFL chances, and perhaps more importantly, it could alter how CFL contracts are negotiated going forward. It's not an earth-shattering move, but it's one well worth keeping an eye on.