NFL Commissioner Roger Goodell and Players Association Director DeMaurice Smith have executed a new 10-year collective bargaining agreement between the League and its players.  The agreement was concluded on the steps of the Pro Football Hall of Fame in Canton, Ohio on the morning of August 5th.

Under the 300-page agreement, the NFL will become the first major professional league in the United States to utilize blood testing for human growth hormone (HGH). After the union’s review of the testing process and the details of how players can formally challenge and appeal a positive test result, the NFL will be allowed to test each player for HGH annually. It is expected that the players will be able to appeal any suspension from a positive test to an independent arbitrator pursuant to the terms of the League’s drug policy. The parties hope to be able to start HGH testing prior to the start of the regular season.

The parties also agreed on penalty guidelines for on-field discipline issues and a new disability program, which includes a new neuro-cognitive disability benefit and provides that players do not have to prove that any mental disability was related to playing football.

The changes in on-field discipline issues now require that the Players Association be consulted before a player can be suspended or fined more than $50,000. In addition, players now will be able to argue on appeal that a fine is excessive if it exceeds 25 percent of one week’s pay for an initial offense or 50 percent of a week’s pay for a second offense. Despite player opposition, the off-field conduct policy and the authority to discipline remains unchanged. The ultimate authority still resides with Commissioner Goodell in this specific discipline area.

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.