Plaxico Burress Wins Grievance Against Giants

Plaxico Burress Wins Grievance Against Giants: WR Plaxico Burress, who was cut by the Giants last week, yesterday won his grievance against his former team for bonus money withheld. In December 2008, the Giants withheld $1 million of his original $4.25 million signing bonus. The team asserts that Burress’ actions in a November 2008 nightclub shooting violated behavioral clauses in his contract

The arbitrator ruled that the Giants must pay Burress the $1 million bonus as well as the $93,750 the team withheld from his 2008 roster bonus. The Giants had included a clause in his 2008 contract that Burress would forfeit his signing bonus if he was subject to “incarceration or detention by any law enforcement personnel” or if he was suspended by the NFL or the Giants for “conduct detrimental” to the team. But the Collective Bargaining Agreement (CBA) supersedes individual player contracts and states that a player can only forfeit his signing bonus if “willfully takes action that has the effect of substantially undermining his ability to fully participate in either preseason training camp or the regular season.” The arbitrator ruled that Burress’ actions were not “willful.”

“We are very disappointed with the decision of the Special Master,” said Giants’ President and CEO John Mara. “This ruling represents yet another example of why we need a new and improved CBA. To think that a player could carry a loaded gun into a night club, shoot himself and miss the rest of the season but get to keep his entire signing bonus illustrates one of the serious flaws in the current system. We will have an opportunity in the upcoming negotiations to prevent such illogical results in the future.”

The Giants and the NFL have the right to appeal the decision, but apparently will not do so.

A second Burress-Giants arbitration case is still pending and is scheduled to be heard in mid-June. Burress and the NFLPA charge that the Giants’ 4-game suspension (with ensuing loss of game checks) plus fine were excessive.

Article on WR Plaxico Burress: Released by Giants, Burress Loses His Football Family by William C. Rhoden of The New York Times