Arbitrator Stephen Burbank has ruled in favor of New Orleans Saints quarterback Drew Brees in his grievance over the designation of his franchise tag, according to union and league sources.

The NFL Players Association had asked Burbank to establish whether Brees has been hit with the franchise tag in 2012 for a first or second time, because the language in the collective bargaining agreement is vague.

The Saints placed their exclusive rights to tag on Brees earlier this offseason, but his first team, the San Diego Chargers, placed the tag on Brees in 2005 after his rookie contract expired. Brees' current tag is worth $16.371 million, which won't change with the ruling.

Burbank's ruling means if Brees does not sign a long-term contract this summer and plays out the 2012 season under his current franchise number, the 2013 season is the last time he can be tagged. If the Saints were to tag Brees in 2013, then he'd be eligible for more than $4 million than the NFL had previously said he was due. This third tag would subsequently cost the Saints 144 percent of this year's price which is $16.4 million.

Brees has said that he's always expected a deal to get done, but has never specified on any negotiations. The Saints, who have been under Goodell's microscope, partially due to the bounty scandal, have remained fairly closed-mouthed about the whole thing.

The Saints and Brees are currently locked in a protracted contract battle and are currently working on a long-term extension deal that must be finalized by July 16; otherwise Brees will have to play under the franchise-tag for the 2012 season.

Brees last season broke Dan Marino's 27-year-old record for passing yards in one season, finishing with 5,476, and following the 2009 season, led the Saints to a Super Bowl victory.