First decision in Carter grievance goes to Cowboys

Thursday, Sept. 2, 2004 | 9:52 a.m.

SUN WIRE REPORTS

Owner Jerry Jones and the Dallas Cowboys have won the first round of their fight with the NFL Players Association over the termination of former quarterback Quincy Carter.

The NFLPA, however, said the battle over Carter and how the Cowboys conduct business is far from over.

Special master Stephen Burbank sided with the Cowboys and the NFL, determining that the wrongful termination grievance filed with his office by the NFLPA did not fall under his jurisdiction.

The special master handles disputes that relate to the NFL collective bargaining agreement, the salary cap and free agency.

In its filing with Burbank three weeks ago, the NFLPA stated that the Cowboys violated the CBA when they released Carter on Aug. 4. It's the NFLPA's belief that Carter was released for violating the league's substance abuse policy rather than the Cowboys' stated reason of unsatisfactory performance, less than a year after Carter led them to the playoffs. The terms of the CBA between the league and the Players Association prevent a team from releasing a player for a failed drug test.

Though the case has been reduced to a noninjury grievance and will now be filed with an independent arbitrator, NFLPA general counsel Richard Berthelsen said the Cowboys have won nothing yet.

"They claimed we were using the wrong procedure and that this was a garden-variety grievance," Berthelsen said. "We disputed it. The special master agreed with them. This doesn't change the case."

Because of scheduling issues, it could be weeks before the two sides go before a hearing with an independent arbitrator.

The highest is the $34.5 million bonus awarded to Peyton Manning earlier this year as part of a seven-year, $98 million contract. Donovan McNabb was given $20.5 million in 2002, and Peyton's brother Eli received a $20 million bonus for signing with the Giants in July.