Case 1:16-cv-01464-AKH Document 1 Filed 02/25/16 Page 1 of 6

AKIN GUMP STRAUSS HAUER & FELD LLP

Estela Diaz
One Bryant Park
New York, New York 10036
ediaz@akingump.com
Tel:
(212) 872-1000
Fax: (212) 872-1002

Counsel for Plaintiffs Pro-Football, Inc. d/b/a Washington Redskins and National Football League
Management Council

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
Case No:
PRO-FOOTBALL, INC. d/b/a
WASHINGTON REDSKINS and NATIONAL
FOOTBALL LEAGUE MANAGEMENT
COUNCIL,

COMPLAINT

Plaintiffs,
v.
HORATIO B. BLADES, JR. and NATIONAL
FOOTBALL LEAGUE PLAYERS
ASSOCIATION,
Defendants.

Case 1:16-cv-01464-AKH Document 1 Filed 02/25/16 Page 2 of 6

This is an action to confirm an arbitration award pursuant to Section 301 of the Labor
Management Relations Act, 29 U.S.C. 185 et seq.
JURISDICTION AND VENUE
1.

This Court has subject matter jurisdiction over this matter under 28 U.S.C. 1331

and 29 U.S.C. 185.

2.

Venue is proper in this District pursuant to 29 U.S.C. 185(a) and 28 U.S.C.

1391.
PARTIES
3.

The National Football League Management Council (NFL Management

Council) is the sole and exclusive bargaining representative of present and future employer
member clubs of the NFL. The NFL Management Councils principal place of business is in
New York, New York.
4.

Pro-Football, Inc. d/b/a Washington Redskins (Redskins or club) is one of the

member clubs of the National Football League (NFL). The Redskins principal place of
business is in Ashburn, Virginia.
5.

Horatio B. Blades, Jr. (Blades) is a professional football player who was

employed by the Redskins in Ashburn, Virginia.

6.

The National Football League Players Association (NFLPA) is the exclusive

bargaining representative of all NFL Players. The NFLPA regularly represents players in the
Southern District of New York, and some of its members reside in this judicial district.

Case 1:16-cv-01464-AKH Document 1 Filed 02/25/16 Page 3 of 6

FACTS
7.

The parties are bound by a Collective Bargaining Agreement (CBA) negotiated

between the NFL Management Council (on behalf of the NFL member clubs) and the NFLPA
(on behalf of all NFL players). Relevant portions of the CBA are attached hereto as Exhibit A.
8.

The CBA contains an arbitration provision mandating that all disputes between

the parties involving interpretation of, application of, or compliance with the CBA or the NFL
Player Contract be submitted to final and binding arbitration before a mutually selected
arbitrator. Ex. A, Art. 43, 1, 8.
9.

All NFL Players employed by a member club must enter into an NFL Player

Contract, which is incorporated into the CBA. See Ex. A, Art. 4 & App. A.
10.

Blades entered into an NFL Player Contract with the Redskins setting forth the

terms of his employment. His contract with the Redskins contained an arbitration provision
requiring any dispute between Blades and the Redskins involving the interpretation or
application of any provision of his contract to be submitted to final and binding arbitration in
accordance with the procedures set forth in the CBA. Id. App. A, 19.
11.

The Redskins terminated Blades contract, and on September 28, 2012 paid

Blades a severance payment of $40,000. The Redskins mistakenly paid an additional $40,000 to
Blades on December 27, 2013 as a result of a clerical error.
12.

In a letter dated January 22, 2014, the Redskins made a demand to Blades for

repayment. Blades did not repay any of the amount the club demanded.
13.

On February 6, 2014, the NFL Management Council filed a non-injury grievance

pursuant to Article 43 of the CBA on behalf of the club against Blades, seeking repayment of the

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$40,000 that was mistakenly paid to Blades. On February 11, 2014, the NFLPA filed an answer
to the grievance on behalf of Blades.
14.

A telephonic arbitration hearing was held on November 12, 2014 before Arbitrator

Rosemary Townley. The arbitrator and counsel for the NFL Management Council participated in
the hearing in New York.
15.

At the hearing, Blades acknowledged that the Redskins had overpaid him by

$40,000 and verbally agreed to pay a sum of $20,658.88, which represented Blades take-home
pay after taxes and withholdings, in a series of installments. According to the terms of that
agreement (the Settlement Agreement), if Blades failed to make a lump sum payment or three
or more of the monthly installment payments, the parties would enter into a Stipulated
Agreement to be submitted to an arbitrator for conversion into a Final Award against Blades
for the full $40,000 overpayment (less any amount paid to the Redskins by Blades up to the date
of the third non-payment).
16.

On December 24, 2014, the arbitrator issued an order compelling Blades to

comply with the terms of the Settlement Agreement.

17.

Blades failed to make any of the payments required by the schedule set forth in

the Settlement Agreement. Accordingly, on March 25, 2015, the arbitrator converted the parties
Settlement Agreement into a Final Award sustaining the Grievance and ordering Blades to repay
$40,000 to the club. See Ex. B (Award).
18.

Under the CBA, the Award constitutes the full, final and complete disposition of

the grievance and will be binding upon the player(s) and Club(s) involved and the parties to this
Agreement[.] Ex. A, Art. 43, 8.

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19.

To date, Blades has failed to reimburse the Redskins for any portion of the

$40,000 overpayment as required by the Award.

COUNT 1 CONFIRMATION OF ARBITRATION AWARD
1.

Plaintiffs repeat and re-allege Paragraphs 1-19 as if set forth fully herein.

2.

Plaintiffs seek an order confirming the Award under well-established principles of

federal labor law. The Award was issued in full accord with the parties CBA and draws its
essence from the parties agreements.
3.

Plaintiffs are entitled to confirmation and enforcement of the Award and entry of

judgment in conformity of the Award pursuant to the Labor Management Relations Act, 29
U.S.C. 185.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs, Pro-Football, Inc. and the NFL Management Council,
respectfully request that this Court enter an Order:
(a) Confirming and enforcing the Award;
(b) Requiring Blades to reimburse the Redskins $40,000;
(c) Awarding Plaintiffs their attorneys fees and costs in bringing this action; and
(d) Providing Plaintiffs with such other and further relief as the Court deems proper.

New York, NY
Dated: February 25, 2016

/s/ Estela Diaz

AKIN GUMP STRAUSS HAUER & FELD LLP
Estela Diaz
One Bryant Park
New York, New York 10036
ediaz@akingump.com
Tel: (212) 872-1000
Fax: (212) 872-1002

Case 1:16-cv-01464-AKH Document 1 Filed 02/25/16 Page 6 of 6

Counsel for Plaintiffs Pro-Football, Inc. d/b/a

Washington Redskins and National Football League
Management Council