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TSN Legal Analyst

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NFL Commissioner Roger Goodell has suspended Minnesota Vikings running back Adrian Peterson without pay for at least the remainder of the 2014 season for violating the league's Personal Conduct Policy.

Back in September, the NFL placed Peterson on the Commissioner's Exempt List suspending the running back indefinitely with pay. Peterson has already missed nine games, and assuming his suspension stands, he will miss all but one game this season.

The NFLPA is appealing the suspension with a view to getting Peterson reinstated and playing again for the Vikings.

The NFLPA already had a hearing on Monday on a separate grievance related to Peterson. In that hearing, the union was arguing that Peterson should come off the Commissioner's Exempt List on the basis that the league agreed to remove the running back from the list once the criminal proceedings were wrapped up. On November 4, the criminal proceedings came to an end when Peterson pleaded no contest to beating his four-year-old son.

So for the NFLPA, that event should have triggered Peterson's reinstatement. However, it didn't and the NFLPA argued its case before the independent arbitrator Shyam Das this past Monday. Expect the NFLPA to win that one and get Peterson reinstated. Even if he wins, practically it won't matter for Peterson since he's now been suspended. So off one list and on to another.

With respect to the NFLPA appeal of Peterson's six-game suspension, that will be heard by the man that suspended Peterson in the first place: Goodell. It's unlikely that Goodell will change his mind on appeal. The suspension will in all likelihood stand.

The NFLPA has asked that Goodell step aside and let an independent arbitrator decide the case. The Commissioner did just that in the Ray Rice case. However, in the Rice appeal, Goodell was also a witness, and under those circumstances, it is completely inappropriate for a witness to also decide a case. In the Peterson appeal, Goodell is not a witness so he probably won't relinquish his position as the decision maker.

The NFL will argue that Peterson's paid leave was not a suspension and that the league reserved the right to suspend him upon reinstatement. The league's new domestic violence policy (which is really an amendment to the Personal Conduct Policy) calls for a minimum six-game suspension for instances of domestic abuse. So the league believes that this suspension is in keeping with its Policy even though Peterson has already missed nine games (with pay). The key is he wasn't - in the mind of the NFL - suspended before this week. Just on leave.

The NFLPA will argue that Peterson should get credit for time served and consequently should just be fined since he's already missed nine games. The NFLPA also wants Peterson reinstated pending his appeal being decided given that players suspended under the Drug Policy can play while their cases are under review. As well, the NFLPA will argue that the disciplinary process has been arbitrary and lacks consistency given that a 15-game suspension is not in keeping with precedent nor is aligned with the six-game suspension called for under the domestic violence policy. Finally, the union will say that the suspension is inconsistent with the CBA.

There's no doubt that Peterson's suspension constitutes a dramatic departure from the NFL's past practice that generally saw suspensions of a game or two. Ray Rice, however, changed everything. There is a new normal in the NFL and it calls for harsh punishments for domestic violence.

All that being said, here's the legal problem the NFLPA is facing: the Collective Bargaining Agreement (which the union agreed to) gives the Commissioner broad and exclusive disciplinary powers over players. Specifically, Article 46 allows the Commissioner to suspend or fine players for "conduct detrimental to the integrity" of the league.

So NFLPA agreed to the Commissioner's disciplinary powers. Tough to backpedal now.

Peterson could also turn around and sue the NFL to get a judge to intervene. For the reasons outlined above, that could be a tough road for the running back. Still, you may see one materialize. Yes, Peterson is a tremendous player but at 30 years old, he's an aging running back. Depriving employees of an opportunity to earn a living is something unions take very seriously.

That being said, one thing is clear: this battle is just getting started.