Williams v. NFL Nos. 09-2247/2462

The Eighth Circuit upheld the arbitration decision which imposed discipline upon 2 Vikings (K. Williams and P. Williams) and three Saints players (McAllister, Grant and Smith), but found that claims the Minnesota players raised under two state laws, Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA),  Minn. Stat. §§ 181.950-957, and Minnesota’s Consumable Products Act (CPA), Minn. Stat. § 181.938 were not preempted by federal labor law. The opinion provides an interesting walk through preemption under Section 301 of the Labor Management Relations Act. Because the district court had declined to exercise supplemental jurisdiction over the state law claims, the Minnesota players are free to challenge their discipline in state court under two employee protective Minnesota laws. The claims under the state laws have not been completely fleshed out other than in the bare pleadings. One of the surest sports bets of the season is that the NFL will petition for cert.