Getty Images In a recent blurb regarding the reported increase in HGH use among NFL players, we suggested that the league isnt using available legal avenues to compel the NFLPA to honor its 2011 agreement to permit HGH testing perhaps because the league doesnt really want HGH testing. Our comment sparked a back-channel discussion with the powers-that-be at 345 Park Avenue, which culminated in a Friday telephone interview with NFL Senior V.P. of Labor Law and Policy Adolpho Birch. There is no vehicle we could use that is anything beyond pointless, Birch said regarding the use of litigation or arbitration to compel the players to honor the existing deal. Birch explained that the Collective Bargaining Agreement doesnt specifically mandate testing; it requires negotiation as to the procedures that will be used. At most, then, a grievance filed under the labor deal would result in a ruling directing the NFLPA to negotiate in good faith something the NFLPA surely believes its doing. Litigation in court isnt an option, Birch said, given the specific terms of the labor deal. He suggested that the NFL could file an unfair labor practices charge with the National Labor Relations Board, but Birch pointed out that … Continue reading
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