Cedric Benson

Cedric Benson and his attorney David Cornwell expressed numerous objections to the running back's three-game suspension in a hearing with NFL official Harold Henderson on Tuesday, a source familiar with the case told ESPN NFL Insider Adam Schefter.

Benson also filed a non-injury grievance challenging the application of the NFL's conduct policy at a time when there was a lockout, no collective bargaining agreement, no union, and Benson was not an employee of any team. Benson was arrested in July and charged with misdemeanor assault after being involved in an altercation with a former roommate in Austin, Texas.

Benson believes that the interpretation and enforceability of the side-letter agreement between the NFL Players Association and the NFL must be resolved either through the non-injury grievance or by the National Labor Relations Board before a decision can be made in the disciplinary appeal. A source confirmed to ESPN senior NFL analyst Chris Mortensen on Sunday that Benson has filed an unfair labor practice charge against the NFLPA with the NLRB regarding the side-letter agreement.

It was unclear whether the league could fine or suspend players who got in trouble during the NFL's 4½-month lockout, when there was no collective bargaining agreement. The NFLPA had decertified as part of the labor dispute.
In the side-letter agreement, the league and the NFLPA eventually agreed that eight players (including Benson) could be disciplined for incidents in the offseason, while 25 others would not be.

"There were some things in the CBA that we were not made aware of, which is really no surprise," Benson told The Associated Press. "That kind of falls on the (players' association). You would think they're here to support you and have your back -- that's what a union does. I guess in my case, it's different."
Benson was arrested during the summer of 2010 over an alleged bar fight in Austin and charged with misdemeanor assault. Benson met with NFL commissioner Roger Goodell after the incident and was not disciplined.
Benson reached a plea agreement to settle both the 2010 and 2011 court cases and served five days in a Texas jail before this season began.