The NFL Held a Referee to the Same Standard as a Player. The Officials' Union Contract Decides If It Sticks.

Adrian Hill's one-game suspension is the first public test of the accountability terms the league bargained for in May.

4 min read

I. What happened

In the first quarter of Sunday's Vikings-Dolphins game, Miami running back Ollie Gordon II shoved Minnesota linebacker Eric Wilson after the play had been whistled dead, and Wilson went into referee Adrian Hill, who fell. Wilson reached down to help him up. Hill got up on his own, got in Wilson's face, yelled at him and pointed him back toward the Vikings' side. He threw no flag.

The clip spread quickly, and most of the reaction ran against the official. On Monday the league suspended Hill for one game for unprofessional conduct toward a player. The same announcement suspended line judge Jeff Seeman for two games over a separate incident in the Cardinals-Giants game.

Wilson, for his part, called the exchange funny and said Hill told him he had only been trying to keep Wilson and Gordon from fighting. The player was not disciplined. The official was.

II. What law or rule controls

Players are not the only unionized workforce on an NFL field. Game officials are represented by the NFL Referees Association, and their employment terms, including how they are evaluated and disciplined, are set by a collective bargaining agreement between the league and that union.

That agreement is brand new. The NFL and the NFLRA reached a seven-year deal in May, after the league had begun lining up replacement officials, and the union ratified it. The league's announcement described the deal as covering economics, performance and accountability. Reporting on the talks said the league won priorities it had pushed for, including more control over performance-based assignments, and that the appeals process was one of the contested issues.

The full text of the agreement has not been made public. That limits what anyone outside the parties can say about the specific procedure that governs a suspension like Hill's. What can be said is the general rule: when employees are represented by a union, discipline is governed by the collective bargaining agreement, and the process for challenging it is whatever the agreement provides.

III. Where does the law stand now

The league got this one right, and it got it right quickly.

The case for the suspension is simple. A referee who knocks a player down by accident and then berates him is doing to a player exactly what the league fines players for doing to officials. The NFL already disciplines players for contact with and abuse of game officials, because officials' authority depends on the game's respect for them. That authority cuts both ways. An official who loses his composure at a player who is trying to help him up spends the same credibility a player spends when he loses his composure at an official. A league that wants players to treat officials as untouchable has to show that officials are held to a standard too.

What makes this more than a one-week story is timing. This is one of the first visible uses of discipline under the new officials' agreement, and it came within a day. The league negotiated that contract for nearly two years, prepared to use replacement officials rather than concede its priorities, and described the result in terms of accountability. Two suspensions announced together the morning after the games is what that word looks like in practice.

The counterargument deserves a fair hearing. Hill had just been knocked to the ground during a live, noisy sequence. Officials work in close quarters with very large men moving fast, and a reflexive reaction to being knocked over is not the same as a deliberate confrontation. Wilson himself said Hill explained afterward that he was trying to prevent a fight. And a one-game suspension is a real cost for an official, financially and for postseason assignments that the new agreement ties more closely to performance.

Those are good points about severity. They are not good reasons for no discipline. The standard the league applies to players does not excuse a reaction because the moment was heated, and it should not for officials either.

Whether the suspension holds is the legal question, and it belongs to the agreement. If the NFLRA contract gives officials a path to challenge discipline, the union can use it, and how the league and union resolve Hill's case will tell everyone what the accountability provisions actually mean. Because the agreement's terms are not public, the first real evidence of how those provisions work may be what happens next in this case.

IV. Who has leverage

The league, for now. It bargained for accountability, it acted inside a day, and public reaction is on its side. The NFLRA holds the counterweight: officials are union employees, and any challenge to the suspension runs through the procedures in the agreement the union just ratified. Hill has the least room. A contested appeal over a widely shared clip of him yelling at a player who offered a hand up is a hard case to want to make in public. Players gain the most from the precedent, because the league has now shown that conduct toward players is part of how officials are judged.

V. The lawyer's read

A league that wants players to treat officials as untouchable has to hold officials to a standard too. The NFL did. Now the referees' new union contract decides if it sticks.

VI. What happens legally next

Watch whether Hill or the NFLRA challenges the suspension, and whether the league says anything about the procedure it followed. Watch whether the league publishes a standard for officials' conduct toward players, now that it has twice enforced one in a single day. And watch the postseason assignments, because the new agreement gives the league more room to use performance rather than seniority, and conduct is now plainly part of performance. Hill is a 17-year veteran, so how he responds will be read across the officiating ranks.

Claims

5 claims: 2 verified, 3 reported only.

Table of authorities

5 claims: 2 verified, 3 reported only.

Commentary and analysis, not legal advice. No attorney-client relationship is formed through this content. Descriptions of pending matters reflect publicly reported information as of the publication date.

Labor & CBA