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No Tom Brady punishment appeal date set

Hearing won’t come before Wednesday

Tom Brady warmed up during practice in January.
Tom Brady warmed up during practice in January.(Matt Humphrey/Associated Press)

Tom Brady's appeal hearing won't happen before this week's 10-day deadline, the Associated Press reported Monday.

Citing two sources who spoke on condition of anonymity, no date for Brady's appeal has been set.

Under Article 46 of the collective bargaining agreement, player hearings are supposed to occur within 10 business days of the appeal being filed if it is not during the playing season. Brady's appeal was filed May 14, so the 10th business day is this Wednesday.

However, the NFL and NFL Players' Association can agree to delay the hearing. In Brady's case, NFL commissioner Roger Goodell has appointed himself as arbitrator, as is his right under the CBA, and the union has asked that he recuse himself. That decision has not formally been made.

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On Friday, an NFL spokesman said Goodell had not yet decided on whether he would recuse himself, the league's in-house lawyers had submitted their argument to the commissioner for why he should remain as the hearing officer.

Brady has been suspended for the first four games of the season by the NFL, a punishment handed down by league vice president Troy Vincent, for his alleged role in and/or knowledge of what happened to the Patriots' footballs before the AFC title game in January.

Goodell told reporters at the close of the league meetings last week that he wanted to look Brady in the eye and looked forward to speaking to him during the appeal process.

It would be a surprise if Goodell ultimately acquiesced to the demands of the NFLPA and recused himself, though the union plans on calling Goodell and Vincent as witnesses during the hearing.

One of the NFLPA's arguments for why Brady's appeal should be reduced or vacated is that Vincent is not authorized to administer punishment; under the rules of the CBA, Goodell may appoint another individual to hear appeals, but he is supposed to be the one to determine penalties.

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Shalise Manza Young can be reached at syoung@globe.com.