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Ced's appeal could take a while.

With Bengals running back Cedric Benson guaranteed to play this weekend against the Bills, given that his three-game suspension won’t start until his appeal is resolved, Benson’s overall challenge to the suspension has gotten more complication — which could delay the resolution of the situation for a while.

Attorney David Cornwell tells PFT that, in addition to the appeal itself, Benson has filed a non-injury grievance challenging the application of the personal conduct policy during the lockout, when there was no CBA and no union, and when Benson was not the employee of any team.

“We believe that the interpretation and enforceability of the side letter agreement between the NFLPA and the NFL must be resolved either through the non-injury grievance or by the NLRB before a decision can be made in the disciplinary appeal,” Cornwell said via email.

The NLRB process triggered by the filing by Benson of an unfair labor practice charge, if ultimately dispositive on the issue, could delay the case for months not weeks, given the speed (or lack thereof) with which the NLRB moved in connection with the unfair labor practice charge filed by the NFL during the labor dispute.

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I'm sure Ced would rather it be resolved this year instead of in the off season. If it goes into the offseason it is going to affect whether a team will sign him to a contract and how much he will get. As a Bengal's fan, it would be a benefit for it to go a long time because he can play each game, and maybe the Bengals can get him at a discounted price again next year.

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Well a quick twist to the suspension saga. I guess since Benson was not employed by the Bengals, nor anytime for that matter since he was a free agent. He is arguing how he can be suspended for his off the field actions. So basically what he is saying, is how can you punish me like an employee if I wasn't an employee? Sounds pretty reasonable to me.

That was the good news, the bad news is, Pacman was a member of the Bengals and was still under contract during the lockout. So does that mean Benson wins his appeal yet Pacman gets smacked? I guess we will soon know.

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I think Ced thought he had a free pass to bust his ex-roommate up since they were locked out and the union was supposedly an non-entity. Personally I think this was a calculated move and he didn't think they could touch him. But honestly he is still identified as a football player and more specifically with our team, therefore I think his argument is flimsy. I think he'll get a reduction from three to maybe one or two but will not get by with nothing.

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I think Ced thought he had a free pass to bust his ex-roommate up since they were locked out and the union was supposedly an non-entity. Personally I think this was a calculated move and he didn't think they could touch him. But honestly he is still identified as a football player and more specifically with our team, therefore I think his argument is flimsy. I think he'll get a reduction from three to maybe one or two but will not get by with nothing.

When it comes to law its not about assumptions, its about facts. At the end of last football season, Benson's contract ran out and he was no longer a Cincinnati Bengal. He actually became a free agent and was not a member of any NFL team. NFL teams weren't allowed to contact the free agents or able to sign them until a new CBA was agreed upon, which happened after Benson's incident. I mean it is pretty cut and dry that a business shouldn't be allowed to punish a player after the fact of the incident, when he wasn't an employee during the incident. The only way I can see it happening is if the player/coach agrees to the punishment upon starting their employment. This would include a guy like Pryor or Tressell.

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I agree with your post and on the surface it does seem pretty obvious based on the situation, however the Commish obviously feels otherwise. Again the NFL is big on perception and this kinda stuff ain't helping the ol' brand image.

My point is would Cedric have done this had he been under contract and not locked out? Not sure but I'd say probably not. And honestly would we be defending him and rationalizing things were he a member of another team...probably not to that too. In the end, I hope he gets his s**t together. He's gonna run out of chances soon and has probably blown a lot of money in the process.

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The way Marvin acts on the sidelines, he must be toking it up before the game.

Right before the 49ers game last Sunday I saw Marvin on the sideline inhaling from something, then he threw it away. I assume it was an ammonia capsule, only because I can't think of any possible alternative. Though I'm a bit confused as to why Marvin might need ammonia right before a game. Perhaps dealing with the Brown family and the merry band of bulk marijuana buyers and roomate face punchers they've given him for a team makes Marvin feel like he's just gone a few rounds with Ali.

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I would rather him be suspended for three games against the Bills, Jags, Colts, and Seahawks. (If the decision was one week later)then have him appeal and of course lose his ass and be suspended week 10 or 11 when the Bengals have a run of 4 division games in a row.

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Goodell passing the buck?

While the NFL didn’t have a problem handing down a three-game suspension to Bengals running back Cedric Benson for violating the conduct policy in the offseason -- though there was a lockout and he was a free agent, meaning he wasn’t actually employed by anybody -- the league apparently is not finding it as simple to rule on the appeal of that suspension.

Originally, Benson was supposed to be suspended for last Sunday’s Buffalo game (though Benson made it clear by the end of the week that he WAS going to play in that one), this week’s game vs. the Jaguars and the Oct. 16 contest with the Colts.

But since the league still hasn’t ruled, nobody seems to know what the heck is going on with his suspension. In response, NFL spokesman Greg Aiello told CBSSports.com that the league “will render a decision as soon as possible.”

As Bengals Rapid Reporter Paul Dehner writes, Benson appealed last Tuesday, and as of Monday, he hadn’t heard anything from the NFL. And if the Bengals don’t hear anything by Wednesday, they’ll assume he’s good to go for the Jacksonville game.

Said coach Marvin Lewis: “There is no time frame from what I understood."

Aiello told CBSSports.com that the appeal’s officer for the case is Harold Henderson -- who was the NFL's longtime legal counsel -- and not Goodell like I originally thought.*

*I thought Goodell handled all the appeals for the non-drug suspensions, but Aiello called that another myth. Of course, it would be tough to call Henderson a completely unbiased judge since he worked with the league for so many years.

But since it’s taking so long, it’s fair to wonder whether the NFL is struggling with this issue. After all, Goodell didn’t suspend Aqib Talib and Kenny Britt for their offseason violations (even though they, along with Benson, were on the list supposedly approved by the NFLPA that would allow the commissioner to suspend a group of eight players).

Maybe Benson’s appeal, in which he said he presented plenty of facts of his arrest(s) on assault charges and perhaps argued that he wasn’t an employee of the league at the time anyway, actually will work. Because it seems to me that if Goodell chose not to suspend Talib (who’s facing a far more serious charge than Benson) and Britt (whose arrest record compares pretty equally to Benson’s), he really doesn’t have a basis to suspend Benson either.

But we’ll see soon enough what Henderson thinks. My guess: Benson will still miss some games.


/>http://eye-on-football.blogs.cbssports.com/mcc/blogs/entry/22475988/32479104

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I would agree with the last line. GOD-el handing this off to a former league counsel suggests they are serious about building a case to make this stick. Benson will probably get a carrot of some sort -- a reduction to a two- or one-game suspension, or perhaps even no suspension but a three-game-check fine. Ced can then go to the NLRB and argue the union sold him down the river and needs to make up his lost pay.

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Benson pouting again over alleged lack of carries?

Besides awaiting the appeal of his three-game suspension as a repeat violator of the personal conduct policy, Benson has been shown some frustration with the offense’s performance over the past couple games.

He had 104 yards in last Sunday’s win over Buffalo but did not have a lot of opportunities in the first half. Benson has also wondered about the rotation at running back.

Said Benson: “Often times you want to express how you feel about something but sometimes people don’t want to receive it the right way or how they receive it could be confusing or cause some conflict. There’s guys who make those calls who put us in a position to win.”

Those comments though are more tactful than last year, where Benson questioned the direction of the offense after three games.

While offensive coordinator Jay Gruden respects Benson’s competitiveness, he also wants to get everyone involved.

“When Bernard Scott comes in for him he feels like we don’t love him anymore. When we pass a couple times on first down and we have to punt he gets a little upset. Most great competitors are like that,” Gruden said. “He just has to channel his emotions and understand we’re all trying to do the best and win the game whether he gets the ball 10 or 50 times I don’t care as long as he wins the game.”

For the record, "frustrated" Ced Benson is tied with MJD for No. 2 in carries (77) leaguewide, trailing only Adrian Peterson's 81 lugs.

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I'd really love to draftTrent Richardson this off-season.. I like Ced, but little comments like this turn me off. I'd also like to see Bernard get more carries, as most of us do.

So you don't like LeMichael James? I have always been impressed when I watch Lattimore from South Carolina. What if Dyer has a down year and drops to the second round?

Save the first round pick for drafting a RT that can pass block AND run block. Or use the first round pick on Simpson's replacement (Michael Floyd).

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For the record, "frustrated" Ced Benson is tied with MJD for No. 2 in carries (77) leaguewide, trailing only Adrian Peterson's 81 lugs.

You again completely miss the reason Benson is frustrated. He isn't complaining that he isn't getting enough touches. He's complaining that the team lacks a true commitment to the run.

And he's right. This team tries to get too cute for it's own good by throwing the ball a lot on 1st and 2nd down. This has resulted in them being one of the worst third down converting teams in the NFL. Dalton hasn't been very impressive in third and long situations. But when they decide they are going to run the ball (on the Bengals first scoring drive they ran the ball 6 of 8 times... on the 2nd scoring drive they ran the ball 4 of 6 times).

Once they showed a commitment to running the ball (primarily in the 2nd half) Dalton started playing much better. Even if you don't agree with him, you have to admit that he's got plenty of evidence to back up his claims.

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I learned something last weekend that could come in real handy for the Bengals. I was watching the Notre Dame and Purdue game (yeah I know I know you guys hate Notre Dame) and the announcers kept pointing out that since Notre Dame has a dominate WR in Michael Floyd and a good TE in Tyler Eifert they could run the same play over and over and the other team could do nothing about it. If Floyd lines up single wide to one side, and Eifert lines up on the same side, If the defense puts a safety covering Eifert, they can go over the top to Floyd with no Safety help. If they put a LB on Eifert, they are both in single coverage and if they run a cross pattern, one guy is going to bite and it makes it a simple read to throw it to the other guy! Then if they rotate the defense over to put 3 men on that side, you just run to the weakside, which is now also the defense's weakside.

I just bring this up, because the Bengals have a guy in Green that can be a dominate force, especially when covered one on one. Then when you add Gresham to the mix, it could become an unstoppable force. The Bengals staff really should take a look at some of that Notre Dame film.

As far as lacking an identity on offense, I agree. The one thing that makes it difficult sometimes is to know when defenses show a certain set, that makes Dalton have to audible. Also we as fans don't know, they may have some plays drawn up for specific situations at the line of scrimmage. For example if the DB is in single coverage on Green and is playing bump and run while the safety is in a 2 deep zone, Dalton might be told to always try to force it in to Green. That's just an example so say what you will about it. Maybe some of you guys are right and Gruden is still installing plays, and the West Coast offense will take better shape, who knows? Also wasn't it Jon Gruden that used to script his first 20 plays every game and used them no matter what? Maybe Jay Gruden picked that up from him.

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For the record, "frustrated" Ced Benson is tied with MJD for No. 2 in carries (77) leaguewide, trailing only Adrian Peterson's 81 lugs.

You again completely miss the reason Benson is frustrated. He isn't complaining that he isn't getting enough touches. He's complaining that the team lacks a true commitment to the run.

And he's right.

No, he isn't. The Bengals have been doing a good job of sticking with the run when it's working this year. Look at your own examples. And you can go cite multiple drives in the first half last weekend where the run game was stuffed and they had to turn to the pass, or when the pass worked only to have the run game fail.

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