A message from Gargiulo via GSG

Hey all... Gotta love the electronic world these days. I actually heard that I had come back up on GSG via a facebook message from a GSG member, hah. Thanks for keeping me in your thoughts. I have been delinquent with updates and for that I apologize.

I had my cast off just before the holidays and was in a walking boot until the 3rd week of January. Things were going pretty well and I was finally able to walk without pain by the time the walking boot came off. Walking without the boot (as per the doctor's orders) caused 2 of the screws in my leg to break, however. Think of what happens when you bend a paperclip back and forth too many times... eventually it just snaps.

So with the screws broken the doctor bumped up the removal of said hardware (apparently it's not that big of a deal they broke, although it did make for a more difficult removal). I had those 2 screws taken out on 2/5 in NYC. The whole procedure took about an hour and involved more carpentry tools than medical tools from what I remember (hammers, drills, screwdrivers etc). Due to the fact that they had to dig into the bone to get out 2 of the broken halves, I am back on crutches now until my next doc's appointment this Thursday the 14th.

The remaining screws and the plate will stay in my leg until my career is over, whenever that may be. The doctor has yet to commit to a date when I can start running, but said it should be some time around mid-March to April if everything goes well.

The league just contacted me last week and informed me that I have to fly back up to Canada to testify in yet ANOTHER hearing for Jimenez. I'm glad the CFLPA is doing such a great job of protecting him... I just wish they'd do something for me too as I'm going on my 4th month laid up down here in constant pain and frustration. I can't believe the process is still going on with all the eye-witness evidence and the bit that was caught on the edge of the film (not to mention the previous clips of him attempting the same kind of maneuver which ARE caught fully on film). It's rather sad really that there has been no conclusion and certainly no kind of justice. I am not looking forward to traveling back up North just to sit there and hear Jimenez lie through his teeth again while I sit with my leg up on a chair to reduce swelling. It might piss some people off that I'm saying such things on here, but too bad... I don't feel I owe anyone the courtesy of censoring myself at this point after what has/hasn't been done to/for me. I'm not the type to complain, but I still can't walk and who knows if I can run again... only time will tell. I hope this hearing in April sees things set relatively right.

Thanks again for the concern and well-wishes of the fans who religious check this board and love the Red!

I wish him all the best. This is truely anembarassment to the CFL regarding this issue.

Hope he gets well soon. And that Jiminez at least gets something.

I guess that is the leagues excuse for taking so long to rule on this..... :roll: :roll: :roll:

I wonder if the Invisible man (Cohon) will make the following press release??????

"The CFL is planning Jimenez's hearing for April 1st as the victim is still recovering from his injuries and unable to travel." :thdn: :thdn: :thdn:

I wonder if Tom Wright would have taken this long to rule on this case? :roll: :roll:

I'm not sure you're directing your anger at the right people. The commish can only follow the previous guidelines set out, the real issue here is the CFLPA in my mind. In a situation such as this they should be looking out for the best interests of BOTH players, not just Jiminez as is fairly apparent.

Yeah, but Dust, they can still schedule the hearings and appeals.

The awkward thing is, both players are part of the Players Union. So as in the original post, whos supposed to be protecting who?

Too weird.

I guess we can ask this question:

Would the NFL take this long?

I'm betting the answer would be NO!

What I dislike is the pure silence of the CFL on this matter. It is like we will close our eyes and it will go away. I think it is high time Cohon grow some balls and communicate with the fans.

Actually it is NOT up to the league, it is the arbitrators decision as to when the hearing would be held. Remember it was the arbitrator that decided to delay the hearing in the first place. From my experience using the commercial arbitration system (which is what I believe the league uses), the arbitrator likely figures that at this point it is not that time dependent as the season is a while away, thus he will focus on the other arbitrations on his list. As for why he did not do it within days of the issue being sent to arbitration, I suspect that he was already booked up.

I think the league did everything in it's power to prevent Jiminez from playing in the West final last year, but unfortunately under the current agreement the CFL and Cohon really are out in the cold and don't have any power to do anything.

In the NFL because they aren't hampered by a terrible agreement between the NFL and the NFLPA, and the multitude of camera angles, they'd have given Jiminez a 10 game suspension a long time ago.

Leeing are you saying this arbitrator has to much to do? I imagine the league or CFLPA hires such an arbitrator so why would there be a delay?

Most provinces have a board of commerical arbitration of some sort. Usually they have a list of retired judges, etc that are members. Often business contracts will include a clause that rather than going through a court if their is a dispute over terms with in a contract both party's agree to make use of a member of this board. This is significantly cheapers (and yes faster) than going through a civil court proceeding.

If you remember in the Gass case, the reason they went with the EE season ticket holder was that he was the only arbitrator available at that time through the system.

Because they ended up using a guy out of Edmonton last time, I suspect the agreement between the league and the players association states that they use the board from the province the player is based in, so in this case it would likely be an arbitrator in BC.

While these boards are usually quicker it can still take a lot of time. Arbitrators are in high demand.

Thats funny it did not take long for them to find one in the eskimo case. They should have handled this if not before GC then soon after.

Sigh!! An arbitrator was found before the western final (did not matter for the GC). It was the arbitrator that made the decision as to when he would be able to look at the issue.

The simple fact is that in an arbitration one has to work at the pace of all three parties. In this case it was the arbitrator that ruled that the hearings would not occur before the WF and that it would occur after the new year. Arbitrators are INDEPENDENT and thus can not be dictated to by one of the parties.

Leeing I guess then what should be done is the CFL should have on board arbitrators handdy for cases that need to be dealt with quickly. To me theother villan is the CFLPA. What are they doing for Anthony. Absolutely squat. Everyone on this board has seen the tag team of Murphy and Jimenez work their act all season. The league handing out slaps to the hand obviously was not strong enough message to stop this crap from continuing. Read Anthonys statment. Jiminez was trying to do this through out the game and finally Jimenez got what he wanted. Theonly possible delay I can see is the fact that they want Anthony strong enough to attend this session. If the CFL wants to end this type of garbage the penalty should be very stiff. If it is a slap on the hand we will see more players in Anthonys postion.

How could an arbitrator be independent if they are on the leagues payroll. Arbitrators are governed by legislation, its not a haphazard system set up by one side. Look, personally I think Jiminez deserves to be punished, but I am not prepared to through out the rule of law just because he plays on a team I do not support.

Can an alternative system be set up? Maybe. Does the players association have some conflict in this situation? Seems so to me, but I am not sure what they can do to avoid this.

I agree with 05 on this one, they should have abritrators who can deal with these situations as they come up. They could have a panel of three to decide on these cases. In order to have fairness one abritrator from the West to deal with the Eastern teams, and one from the East to deal with the Western teams. This is a situation that has dragged on for far too long, and it should have been dealt with a long time ago. This particular abritrator reserved his decision, to the dissatisifaction of everyone, except for the offender, Jiminez, in this case.