Burress wins ruling against Giants

Despite getting into trouble, Plaxico Burress can keep a $1 million signing bonus from the New York Giants, but Larry Johnson's salary in Kansas City isn't guaranteed, according to a ruling issued Monday following a grievance hearing.

University of Pennsylvania Special Master Stephen Burbank agreed with the NFL Players Association that money already earned, such as a signing bonus, cannot be forfeited even if a player subsequently gets into trouble, the union's general counsel Richard Berthelsen told The Associated Press.

"Anything that's earned prior to conduct is the player's to keep," Berthelsen said.

That means the Giants cannot recoup $1 million of a $4.5 million bonus Burress earned by signing a contract extension with the team in August, months before he shot himself in the leg at a New York nightclub.

Johnson also can keep money he's earned so far, though the Chiefs -- if they release Johnson -- do not owe him future pay after the running back had two nightclub altercations last year. Burbank ruled Johnson has not yet earned $3.75 million in guaranteed salary and bonuses due him over the next two seasons.

The NFL, in a statement released by league spokesman Greg Aiello, disagreed with the ruling, saying it incorrectly interprets the league's collective bargaining agreement. Both players' contracts state that a portion of their bonuses would be repaid "if the player was unable to perform due to his own misconduct," the statement said.

The league said the ruling "underscores a serious flaw in the current system."

"It continues an unfortunate trend of permitting players who are suspended due to serious misconduct to nonetheless retain large bonus payments from their NFL teams," the statement said. "To permit players in these circumstances to retain the entirety of their bonus, representing millions of dollars, is unfair to both the clubs and other players, especially under the current salary cap system."

The league has no plans to appeal, Aiello said.

The decision has potential precedent-setting effects and is likely to be an issue when the NFL and union open talks on a new agreement. Owners opted out of the current deal last year.

"To think that a player could carry a loaded gun into a nightclub, 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," said Giants president and CEO John Mara.

The ruling likely will influence how the Cleveland Browns handle receiver Donte Stallworth, who faces charges that he was driving drunk when he killed a pedestrian last month in Miami. Stallworth was due a $4.5 million bonus on March 13, the day before the accident.

Burress, released by the Giants last week, was suspended by the team following the November 28 shooting. The receiver faces a felony weapons charge that could put him in prison for at least 3 1/2 years if convicted. He faces a June 15 court date as his attorneys and prosecutors continue to discuss a plea deal.

Chiefs spokesman Bob Moore declined to comment on Johnson because team officials are reviewing the ruling. Johnson's agent, Peter Schaffer, could not be reached for comment.

The NFLPA has a separate grievance pending on what it termed excessive punishment of Burress. The Giants' suspension cost him more than $800,00 in salary and the team also fined him more than $200,000, his single-game salary.

Monday's ruling came amid a report in South Florida alleging Burress hurled profanities at a deputy during a traffic stop on March 18. Burress was ticketed for careless driving in Broward County for allegedly speeding and cutting off other drivers, Broward Sheriff's Office spokeswoman Dani Moschella said.

"Everything that the deputy said was met with profanity," she said.

Moschella said Burress also threatened the deputy that he knew Broward Sheriff Al Lamberti. Moschella said Lamberti has never met Burress.

A call to Burress' attorney was not returned.

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