Your New NFLPA Head: DeMaurice Smith

Yesterday in Hawaii the NFLPA elected Lawyer DeMaurice Smith as the new head of their union. Smith beat out former players Troy Vincent and Trace Armstrong, as well as sports attorney Davd Cornwell. Cornwell became a very late candidate after receiving written support from three player reps. 

Despite the fact he is not a former player, nor has any specific ties with the NFL, i think Smith is the right man for the job. As i detailed here, the NFLPA needs a strong leader heading into negotiations with the NFL owners over a new Collective Bargaining Agreement (CBA). Smith appears to be that leader. 

According to reports, Smith had a very detailed and specific plan outlined for the direction he would like to see the NFLPA go in. Specifically, it mentioned health care and opportunities for former players, an issue that has been a very large criticism of the NFLPA in recent years. Smith also has assembled an impressive team of advisers to help him with the business side of things.

The NFLPA now turns their head towards the impending CBA negotiations. Smith has already stated his desire to get in touch with NFL Commissioner Roger Goodell as soon as possible, and has also mentioned his desire to avoid a lockout in 2011, which is a possibility if a new CBA is not agreed upon. You can read about what the main issues regarding the CBA will be here and here. 

As always, be paying close attention to how this proceeds. It has the potential to drastically affect the NFL as we know it...

NFL CBA: Problems Looming

One of my greatest passions in my sports life is the Minnesota Vikings, and by extension the NFL in general. As such, i tend to follow things in the NFL pretty closely, especially issues that have the possibility of greatly affecting the game as we know it. One such issue, that i believe is not getting near enough exposure, is the upcoming Collective Bargaining Agreement (CBA) negotiations between the NFL Players Association (NFLPA or Union) and the owners.

I've detailed the actual negotiations and what the issues will be here and here, as well as what the untimely passing of Gene Upshaw means for the negotiations here and here. I've also wrote about how the StarCaps suspensions/court cases coming up will affect the negotiations here. All this is to say that i feel this is a very important issue as well as something i am keeping a very close eye on.

I'm writing this article to focus on what perhaps will be the most important issue facing the NFLPA heading into the negotiations with the owners: Who their leader will be.

With the passing of Gene Upshaw almost a year ago, the NFLPA appointed Titans Center Kevin Mawae as interim president, with the knowledge they would be electing a new president in their winter meetings, which begin next week in Hawaii. Since that time, the selection process has been narrowed down to three names: Former players Troy Vincent and Trace Armstrong, both of whom have served as Union President in the past, and lawyer DeMaurice Smith.

As stated in the story above, the reason for Smith's inclusion on the final ballot is more or less a fail safe; There are growing concerns the NFLPA will split on which former player to elect as union head. In that event, Smith will be looked at as a sort of impartial party. That fact alone underscores not only the seriousness of the process, but also the problems plaguing it. Vincent has been mired in controversy since almost the moment he was mentioned as a candidate, having been accused of lobbying for the job, and recruiting congressman to write letters on his behalf (without specifically mentioning him) that raised questions on the integrity of the process.

So, how does all this affect the actual CBA negotiations, which will be taking place later this summer? Well, it means everything. If the NFLPA comes to a quick, majority decision on their new head and comes out looking strong and together, they are in good shape for the negotiations. If, however, the NFLPA has trouble picking a new leader, is split on the decision, and comes out fighting within itself and fractured (as many think is very possible), the negotiations are in big, big trouble.

As i mentioned in my previous article about the steroid suspension and the CBA, any little thing that either the NFLPA or the owners can jump on and take advantage of, they will. If the Union is fractured, suddenly the owners go into the negotiations looking to 'win' instead of just compromise. With that attitude they are likely to upset the NFLPA, causing a stall in the negotiations.

And just as a reminder, if the NFLPA and the owners cannot come to an agreement and get a new CBA in place before the 2010 season, that season will be an uncapped year. What that means is that for that season, there will be no salary cap, much like how MLB operates. If the NFL goes one year without a cap, it will be very, very, very hard to ever get a salary cap back in place. That would be very bad for the NFL.

I know i harp on it a lot, but please pay attention next week to the NFLPA meetings, not just for who they elect, but how they get elected and how the Union comes out of the meetings. The NFL as we currently know it is in the balance...

The Steroid Suspensions And How It Affects The NFL CBA

As i'm sure many or all of you have seen, the NFL this week came down hard on the so-called StarCaps players, suspending the six players who tested positive for a steroid masking agent they supposedly took over the summer. Those six players were all suspended for four games on Tuesday by Commissioner Goodell, meaning they will miss the remainder of the regular season. Of those four players, perhaps the highest profile are the two Williams' Brothers of the Vikings, Kevin and Pat (not actual brothers). The Williams' wall have been a key component in the Vikings ability to stop the run, and as such are key components to the success of the team.

The Williams' responded quickly, filing a lawsuit in a MN court seeking an injunction against the NFL, which was quickly granted by a judge. The crutch of their argument is that a) The banned substance was not listed on the bottle of the diuretic, StarCaps, that they took, and b) The NFL knew the substance was in the diuretic but failed to alert the players.

The judge who issued the injunction has promised a quick 'trial', where he would like to hear both sides of the argument from the players' and the NFL. Of course, here's where it gets interesting. The NFLPA has now joined in, throwing the remaining four players that were suspended into the lawsuit, setting up a potential showdown with the NFL.

While it seems like a showdown over this issue could ultimately be a small battle, it's a piece in the cog for the impending negotiations for a new Collective Bargaining Agreement, which needs to be settled in the next two years. As i've detailed here and here, the importance of a new CBA before the 2010 season cannot be overestimated.

The NFLPA and the NFL figure to have many arguing points while negotiating a new CBA, not the least of which is a Rookie Pay Scale and the Revenue Sharing. Each point of contention along the way, such as the one looming over this StarCaps issue, creates a more hostile environment between the two organizations and more roadblocks to finding an agreement.

The NFL has a year and a half left to get a new CBA in place, and they have a lot of work left. Each time either the NFL or NFLPA flexes their muscle over any other issue, it serves only to create more obstacles to overcome. It should be interesting to see how things turn out...

Gene Upshaw And The CBA

In what is quickly becoming this site's fourth feature, though unintentionally, here are a few words from ESPN's TMQ regarding Gene Upshaw and what he did for the NFLPA:

"Eugene Upshaw, 1945-2008: Gene Upshaw died young last week, and many of the same people who had denounced him while he was alive praised him after he was dead. When their words could be heard and inflict hurt, they slammed him; when their words could not be heard, they were gracious. As TMQ argued a year ago in detail, Upshaw did a fabulous job for players -- winning 59 percent of the richest pot of gold in sports is hardly to be sneezed at. In 1993 the NFLPA, under Upshaw's leadership, adopted cooperative bargaining as its core tactic. Since then, adjusting to today's dollars, NFL payments to players and retirees are up from $1.3 billion to $3.8 billion, an increase of about 13 percent per year. How many professions do you know where pay rises an inflation-adjusted 13 percent annually? Recently, the NFL owners voted unanimously to exercise a clause that lets them opt out of the Collective Bargaining Agreement two years early. When that same deal was signed in 2006, Upshaw was roundly ridiculed by sports pundits, and by retired NFL players, as a lapdog, because he worked cordially with the owners rather than calling a strike. That the owners unanimously opted out, after having time to think about what they had agreed to, is the proof the NFLPA, not the owners, won the 2006 negotiating round. If some lapdog union leader had agreed to a weak deal, the owners wouldn't be opting out, would they? Upshaw had a difficult personality, and the NFLPA gets self-inflicted bad press because its public-relations operation is among Washington's worst. But in terms of substantive accomplishment, the NFLPA under Eugene Upshaw provided magnificently for its members, including for its retired members. My advice to all who play touch football with Upshaw in the afterlife: watch for the trap block; even in paradise, this guy is unlikely to ease off."

TMQ is what it is, a sometimes interesting, sometimes incessantly rambling column about the NFL. That said, i thought it was a nice summary of some of the things Upshaw accomplished before passing.

RIP Gene Upshaw

I'm not one to usually post about deaths, as i try to keep this site light and funny, but i felt i should mention this one. NFL Players Association head Gene Upshaw passed away due to pancreatic cancer. In relevance to two stories i've written before regarding the NFLPA and the upcoming CBA (here and here), Upshaw's passing creates even more questions than answers.

Upshaw was known as a really tough nosed guy who stood up for his players under almost all situations (well, current players, let's not get started on retired players), and had a knack to drive a hard bargain in negotiations with the NFL. He was to have seen the NFLPA through it's current negotiations for a new CBA then retire. Sadly, Upshaw did not make it that far.

The NFLPA is now in an interesting place, as it's greatest and loudest voice has passed. Regardless of who they bring in to take his place (look for former Viking Robert Smith), that person will not have near the experience Upshaw had. Because of this, expect the NFL to attempt to drive a hard bargain in regards to the player revenue pool and a rookie salary structure, which i believe will be the NFL's number 1 issue.

If the NFL does indeed attempt to drive a hard bargain and take advantage of the new NFLPA head (keeping in mind Roger Goodell has done exactly this with regards to issues like player suspensions, drug testing, etc.), expect the NFLPA to scoff at those demands. They are still a strong organization and not willing to bow to the NFL's wishes.

They have two years to come to an agreement, but the passing of Upshaw does nothing to help the NFLPA's stance. Let's hope it doesn't affect their ability to come to an agreement on a new CBA...

NFL CBA 2

One more issue i failed to mention yesterday regarding the NFL CBA and the on-going situation. One issue of the CBA, which i actually think will be easy to resolve by both the Owners and the NFLPA, is a rookie salary structure.

The pay structure for rookies has become ridiculous, culminating in this year's #3 pick Matt Ryan signing a 6-year, $72 Million dollar deal this week. This guy hasn't thrown a pass yet in the NFL, or even participated in Training Camp. Yet he's getting $72 Million, of which more than $34 Million of it is guaranteed!?

I don't know about you, but if i was a veteran with 7 or 8 years experience, and some rookie is coming in getting that kind of money... Well, i'd be pretty upset.

What the NFL needs is what the NBA has, a rookie salary structure. Whatever pick you're taken at determines how much money you make, and it's not outrageous money. It gives the young guys an incentive to spend a few years playing hard and improving, as they typically get their big payday on their second contract, usually after three years in the League.

However, like i said, i don't think this will be much of an issue to hammer out. The Owners will want it in order to protect against draft busts and paying tons of money, and the NFLPA will want it because the money not going to the rookies will be going to the older players in forms of higher Veteran Minimum salaries and the like.

Anyway, this CBA thing should be interesting, and i'll update as needed right here...