Three weeks after filing unfair labor practice chargers against the NFL Players Association, Cincinnati Bengals running back Cedric Benson is likely in for another three to four week wait on a decision. The NLRB is notoriously slow in deciding cases, which explains the lengthy process. Litigants in a case are encouraged to work toward a resolution throughout the process, but with the administrative law judge figuring out a final decision, it is unlikely we will see any resolution.
Benson initially filed the charges against the NFLPA to dispute the fact that he was being suspended for actions that took place during the lockout. Benson has argued that he was not an employee of the team during the lockout as he was an unrestricted free agent at that point.
Pro Football also points to the argument that the NFLPA wasn't a union during the lockout, having decertified, and thus had no ability to do anything on behalf of Benson. One possible issue with that argument is the fact that the August 4 letter agreement came after the lockout ended. At that point the union had recertified and was representing the players again. It will be interesting to see how the Board views these arguments.