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Glenn wins ruling

Arbitrator overturns year-long suspension for Pats WR

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Posted: Wednesday September 12, 2001 3:03 PM
Updated: Wednesday September 12, 2001 5:35 PM
  Terry Glenn Terry Glenn still must serve the remainder of a four-game substance-abuse suspension. Eliot Schechter/Allsport

By Don Banks, Sports Illustrated

In a decision that will have reverberations in the New England Patriots organization this season, arbitrator Richard Bloch overturned the year-long suspension of wide receiver Terry Glenn on Wednesday.

Glenn is now eligible to re-join the team once he serves out the remaining three games of the four-game suspension levied by the NFL for violation of the league's substance-abuse policy.

Bloch's decision was expected Tuesday, but was delayed because of the terrorists attack in New York City and Washington, D.C. The two sides conducted a 13-hour hearing last Thursday in Foxboro, Mass.

"We are very gratified by the arbitrator's decision to reinstate Terry Glenn back on the football field," said James Gould, the player's agent. "This has been a very long journey with still many steps to be resolved, but the fact that Terry Glenn will be able to play this year for the new England Patriots is the most important firts step of all."

Bloch's ruling turned on the issue of whether the Patriots properly applied the five-day notification of suspension as it is written in the NFL constitution and bylaws. Bloch decided that the team and Glenn had agreed to extend the five-day timeline.

New England, it was ruled, did not communicate clearly enough to Glenn regarding an agreed upon deadline for returning to the team.

"The deadline was mutually extended, but then they never told him at what point he had to be back by or face suspension," an NFLPA source said.

Still to come, Glenn will likely file another grievance with the NFL Players Association in an attempt to receive the $9.5 million worth of signing bonus that the Patriots still owe him. "We will continue to work with the NFLPA and all the other parties in an attempt to resolve our differences," Gould said. It is unclear when that matter will be arbitrated.

Glenn left Patriots training camp Aug. 3, when the NFL announced its four-game suspension. Glenn said he left the Patriots camp because he had not been paid by the team since June 15. By league rules, a player on the reserved/left camp list can not be activated for the season, released or traded. Gould, then contacted the Patriots and indicated Glenn's willingness to return to the team.

New England head coach Bill Belichick made the decision Aug. 15 to suspend Glenn for the season, placing him on the reserve/left camp list.

The union's request for an expedited grievance detailed three assertions that would overturn the team's year-long suspension:

  • That the Patriots improperly refused to meet with Glenn and his agent, James Gould, after Gould requested a meeting on two separate occasions to discuss Glenn's return to the team. Both meeting requests were made before the team placed Glenn on the reserved/left camp list Aug. 15.

  • That the Patriots' suspension violated the maximum discipline provisions of the NFL's collective bargaining agreement with the players. That provision specifies maximum fines for missing practices and/or games. The union said the amount of those fines would total far less than the compensation Glenn would lose if he can't play this season.

  • The grievance also contended that the Patriots had agreed in an addendum to Glenn's contract that the club would be limited to money damages for any alleged contractual breach by Glenn. Such damages would be in lieu of any other action the club could pursue against Glenn for missing playing time.

    Under the collective bargaining agreement, grievances that are expedited are decided by an impartial arbitrator who usually conducts an evidentiary hearing within seven to 10 days after the grievance is filed.

    Glenn entered the league's substance abuse program in January 2000, after testing positive for marijuana. Glenn claims his most recent violation was missing a drug test, which in the eyes of the league is the same as a failed test. Glenn claims he alerted the program's administrators he would be out of town at the time of the scheduled test. He later took the test and tested negative, Glenn said.

    Glenn, 27, started all 16 games for New England last year, leading the team with 963 yards and six touchdowns, on 79 receptions.


     
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