It’s arbitrary and capricious
It’s arbitrary and capricious
Homey don’t play dat
While this standard originates in judicial review of federal agency actions, the term "arbitrary and capricious" is also used in labor and employment law, including in the context of collective bargaining agreements (CBAs), such as those governing professional sports leagues like the National Football League (NFL).
In the context of the NFL Collective Bargaining Agreement (CBA), the term is applied during grievance and arbitration proceedings. Under the NFL CBA, disciplinary actions—such as player suspensions—are typically reviewed to determine whether they were “arbitrary, capricious, or contrary to the collective bargaining agreement.” This standard is used by impartial arbitrators when resolving disputes between the league, teams, and the NFL Players Association (NFLPA).
For example, in player discipline cases (e.g., suspensions for conduct detrimental to the league), an arbitrator will not simply substitute their judgment for that of the Commissioner, but will assess whether the punishment:
- Has a rational basis in the facts;
- Is consistent with past precedent (i.e., comparably serious penalties for similar conduct);
- Follows procedures outlined in the CBA;
- Is grossly disproportionate or unsupported by evidence.
Notable cases, such as those involving players like Ray Rice or Ezekiel Elliott, have involved challenges to NFL discipline on grounds that the penalties were arbitrary and capricious under the CBA framework. In such cases, arbitrators have sometimes overturned or modified suspensions when they found inconsistencies in the league’s application of discipline or a lack of due process.
Thus, while the arbitrary and capricious standard in the NFL CBA context is derived from administrative law principles, it is adapted to private contractual governance. It ensures that the Commissioner’s broad disciplinary authority is exercised fairly, consistently, and in accordance with the agreed-upon rules between the league and the players’ union.