National Football League Players' Ass'n v. National Football League Management Council

The National Football League Management Council (Management Council) and the Los Angeles Raiders, formerly doing business as the Oakland Raiders (Raiders), appeal from the judgment confirming an arbitration award in favor of the National Football League Players’ Association (Players’ Association) and Dante Pastorini, Jr. (Pastorini). The Raiders and Management Council contend that the arbitrator exceeded his powers (Code Civ. Proc., § 1286.2, subd. (d)) in that he made an error in law by failing to apply the doctrine of mitigation of damages. They further contend that the award violates public policy and that the award was incorrectly calculated. We affirm the judgment.

I. Background

In 1978 Pastorini negotiated a series of six 1-year “NFL Player Contracts” to play football for the Houston Oilers (Oilers). For each of the years in question, 1981, 1982, and 1983, the contracts called for current compensation of $150,000 per year, for a total of $450,000 for the period in question, as well as for deferred compensation. Each contract contained the following provisions: “[24.B.] 2. Despite any contrary language in Paragraph 11, Club shall pay Player the salary specified in…