Benson and attorney David Cornwell presented their objections to the NFL's discipline in front of the NFL's hearing officer, Harold Henderson. Henderson is a longtime NFL official who has involved in several previous collective bargaining agreement negotiations, although not the most recent one. Henderson heard the evidence but did not say when he would rule, Benson plays on while under appeal. Benson not only appealed his discipline but filed a grievance against the NFL. According to an email sent to NFP by Cornwell: "We also filed a non-injury grievance challenging the application of the NFL's conduct policy to Cedric at a time when there was a lockout, no CBA, no union, and Cedric was not an employee of any team. We believe that the interpretation and enforceability of the side letter agreement between the NFLPA and the NFL must be resolved either through the non-injury grievance or by the NLRB before a decision can be made in the disciplinary appeal." Source: National Football Post
Dude's right. He wasn't technically an employee of the NFL at this time so they can't suspend him for something he did while not employed by them.