Receiver Plaxico Burress can keep a $1 million signing bonus, but running back Larry Johnson’s future in Kansas City is uncertain because the Chiefs aren’t obligated to pay the portion of his contract that is guaranteed over the next two seasons.
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 two players 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.
Johnson can also keep all the money he’s earned so far, though the Chiefs — if they release Johnson — are free from paying him any future money after the running back had two altercations in a nightclub last year.
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 both players’ contracts stating that a portion of their bonuses 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.”
“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.
Johnson’s case was another matter because Burbank ruled the running back has not yet earned $3.75 million in salary and bonuses due him over the next two seasons. Though the money was guaranteed as part of the contract Johnson signed in 2007, the Chiefs aren’t obligated to pay the player if they release Johnson and determine he breached his contract for being suspended by the NFL for one game last season. Johnson is still on the Chiefs’ roster.
Johnson was sentenced last month to two years probation after pleading guilty to two counts of disturbing the peace following two separate confrontations involving women at nightclubs last year. Aside from the NFL suspension, the Chiefs deactivated the two-time Pro Bowler for three games.
Chiefs spokesman Bob Moore declined comment because team officials are still reviewing the ruling.
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