Receiver Plaxico Burress can keep a $1 million signing bonus.
That's the ruling issued Monday by University of Pennsylvania Special Master Stephen Burbank after a hearing last week on a grievance filed on behalf of the player by the NFL Players Association, the union's general counsel Richard Berthelsen told The Associated Press.
Berthelsen said Burbank sided with the union in finding that money already earned by a player, such as a signing bonus, cannot be forfeited even if the player subsequently gets into trouble.
"Anything that's earned prior to conduct is the player's to keep," Berthelsen said.
That means the Giants cannot recoup $1 million of the $4.5 million bonus Burress earned by signing his contract extension with the team in August, months before he shot himself in the leg at a New York nightclub.
The NFL, in a statement released by league spokesman Greg Aiello, disagreed with the ruling, saying it incorrectly interprets the league's current collective bargaining agreement with players. Burbank failed to take into account provisions in Burress' contract stating that a portion of his bonus would be repaid "if the player was unable to perform due to his own misconduct," the statement said.
The league added: "Today's decision incorrectly holds that the current CBA bars such provisions," while noting the ruling "underscores a serious flaw in the current system."
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"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.
Berthelsen said Burbank's decision is in line with the agreement the union negotiated with the league in 2006.
"Our point in the CBA extension is there's no forfeiture of money already paid to the player," Berthelsen said. "A player is subject to forfeiture by some act or conduct. So you have to behave yourself in order to keep the guarantee."
Berthelsen said the only time a team can withhold money earned is if a player withholds his services.
Burbank's ruling has potential precedent-setting effects and is expected to be a cause for debate when the NFL and the union begin negotiations on a new CBA after league owners opted out of the current deal last year.
The ruling is also likely to influence how the Cleveland Browns handle their contract with 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 roster bonus on March 13, the day before the accident. Though Stallworth remains on the roster, it's not clear whether the team paid the bonus.
Burress, who was cut by the Giants last week, was fined and suspended by the team following the shooting in November. The receiver still faces a felony weapons charge that could put him in prison for at least 3 1/2 years if convicted. Burress is due back in court on June 15 after his case was adjourned last week while his attorneys and prosecutors continue to discuss a possible plea agreement..
Berthelsen said the union argued that Johnson's salary was guaranteed, but Burbank ruled the money was not part of a signing or performance bonus and has not yet been earned. Johnson is owed by the Chiefs whatever guaranteed money he's already earned, Berthelsen said.
Berthelsen had no update on a separate grievance filed by the union on Burress' behalf over what it termed excessive punishment by the Giants. His suspension cost him more than $800,00 in salary. The team also fined him more than $200,000, his single-game salary.
Monday's ruling came amid a report out of South Florida alleging Burress hurled profanities at a deputy during a traffic stop in March.
Burress was ticketed for careless driving after a Broward Sheriff's Office deputy pulled over his black Toyota Sequoia on March 18, according to a copy of the citation. He was allegedly speeding and cutting off other drivers, Broward Sheriff's Office spokeswoman Dani Moschella said.
Moschella said Burress complied with the deputy's commands but used combative language.
"Everything that the deputy said was met with profanity," she said.
Moschella said Burress also threatened the deputy, telling him that he knew Broward Sheriff Al Lamberti. Moschella said Lamberti has never met Burress.
A call to Burress' attorney was not immediately returned.
Copyright 2009 The Associated Press.
