Two NFL CBA Vets Draw Battle Lines

No, that’s not Mark Murphy & Doug Allen. But you get the idea. (copyright bret_libendorfer)

Sports Business Journal asked four veterans of the sports labor wars to share their thoughts on the state of labor relations in the NFL, NBA, and MLB.  For the NFL, Mark Murphy, president and CEO of the Green Bay Packers, lays out the owners’ and league’s case.  For the NFLPA, former assistant executive director of the NFLPA, Doug Allen sets the stage for the players’ positions.

Murphy’s arguments and issues (NFL):

• player salaries/costs are rising faster than revenues;
• NFLPA already has access to as much NFL financial data as needed to understand the business;
• owners need authority to recoup bonus money for suspended players;
• wants a rookie salary cap;
• ending NFLPA litigation against CBA-agreed anti-doping policy.

Allen’s points (former NFLPA):

• re-dedicate to growing the business of football together;
• owners need to work out revenue sharing; not cap salaries at the level a small market team can afford;
• players need to prepare to “decertify” the union and sue on antitrust grounds if owners attempt to restrict player movement.

My quick thoughts on this are: (1) Murphy’s pitch as a former NFLPA player rep to soothe the fears of the players is misplaced and a bit insulting–he’s switched sides; (2) the argument that salaries are rising faster than revenues is specious due to the salary cap and the probability that salaries are held lower than an open market would bear; (3) Allen is 20-year veteran of the NFLPA and likely has a bunker mentality from living through the previous negotiations; (4) that said, decertification is a real possibility (see NFLPA website).

There’s a lot more to be said about decertification and whether modern antitrust law would actually even be helpful to the union.  For another post.  But quickly, if the union “decertifies,” the league would no longer be protected by the non-statutory exemption to the antitrust laws, and thus would be subject to those laws.  Right now, the NFL is protected from an antitrust suit by the union because of the collective bargaining agreement it has entered into with the NFLPA, which was certified by the National Labor Relations Board.  The 1993 CBA gave the players the right to decertify and challenge the league’s salary cap, the draft, and free agency under the antitrust laws. More here.

Filed under: anti-doping policy, antitrust, NFL revenue, NFLPA, NFLPA Player Representatives, player contracts, restricted free agency, rookie salary cap, salary cap, Doug Allen, Green Bay Packers, Mark Murphy

Matt Taibbi: “If I Ran the NFL”

Great article by an excellent and funny writer.  For what it’s worth, he’s for a rookie pay scale.  That said,  his other rules include letting players smoke pot and to “CHAIN BRETT FAVRE TO A ROCK IN THE MIDDLE OF THE INDIAN OCEAN, WHERE HE CAN SPEND THE NEXT 30 YEARS GETTING HIS LIVER SLOWLY PECKED AWAY BY HUNGRY SEA BIRDS.”

Filed under: anti-doping policy, rookie salary cap

RadRev News Roundup – Part I

I got a little busy at work the last few days, so here’s a round up of a few of the happenings in the NFL and NFLPA.  I’ll expand on some of the issues in later posts.

• Former NFL Commissioner Paul Tagliabue spoke to high school coaches about curbing steroid use in the NFL and grassroots/high school leagues.

Money Quote: “The Players Association and players viewed steroids like coal miners viewed coal dust,” Tagliabue said. “They didn’t want it.”

• The Washington Examiner (DC) rails against pre-season football and encourages the sides to agree to an extended schedule in the next CBA.

Money Quote: “NFL teams mandate fans buy two preseason games as part of the overall package without any price break. That’s pure greed. Owners pay players $1,100 per preseason game, but still charge fans the max.”

• The Worcester Telegram & Gazette (MA) reports that Robert Kraft and the Patriots are trying to stay flexible in their player contract situations due to the uncertainty of the labor negotiations and the possibility of an uncapped year in 2010.  Logan Mankins, Sebastian Gostkowski, and Vince Wilfork all have contracts expiring after this season.

Money Quote: ““We’re coming into a labor era where we don’t know what the rules are going to be. … So we want to be flexible.” ~ Pats Owner Robert Kraft

• Speaking of player contracts, Michael Crabtree has yet to sign in San Fran; the sportswriters and 49ers fans continue to vent.  John Lopez of Sports Illustrated breaks down the chances of a rookie salary cap/slotting system in the new CBA and finds little support, blames agents.

Money Quote:  ”Roger Goodell is right and so are you. It is an absurd system. But that doesn’t mean it’s going to change anytime soon. In fact, it probably won’t.”

• NFLPA Exec. Dir. DeMaurice Smith is visiting training camps to keep the players on the same page for the upcoming CBA talks.  Arrowhead Pride (KC) gives a quick update and links to a more in-depth piece at BobGretz.com (that I’ll more fully discuss soon).

Money Quote:  It’s us against them, as [Mike] Vrabel recently told reporters. ”Right now, that’s the unfortunate side of our business. There are owners and there is everybody else. We are everybody else and we need to stick together.”

Filed under: anti-doping policy, extended schedule, NFLPA, NFLPA Player Representatives, player contracts, rookie salary cap, 49ers, Bob Gretz, Chiefs, DeMaurice Smith, Kansas City Chiefs, Logan Mankins, Michael Crabtree, Mike Vrabel, New England Patriots, Patriots, Paul Tagliabue, Robert Kraft, San Francisco 49ers, Sebastian Gostowski, steroids, Vince Wilfork

All Major Sports Leagues Back NFL Anti-Doping Legal Claim

As you may know, the NFL suspended Vikings players Kevin Williams and Pat Williams for violating the league’s anti-doping policy by testing positive for bumetanide.  The players had sued the league to overturn the suspensions arguing, among other things, that they league policy violated Minnesota’s drug testing law.  The District Court for the District of Minnesota dismissed most of the players’ claims, but sent the state employment law issue back to state court to be resolved there.  The NFL appealed the district court’s ruling and it’s currently before the 8th Circuit.  That court has now accepted a joint amicus brief from the MLB, NBA, and NHL, as well as a separate brief from the U.S. Anti-Doping Agency:

The teams and independent agency asked the appeals court to rule that the NFL’s collective bargaining agreement trumps the state laws that defensive linemen Kevin Williams and Pat Williams are using to fight their four-game suspensions. They wrote it would be impossible otherwise to enforce uniform standards for eliminating performance-enhancing drugs from sports.

It is unlikely this will be a major issue in the CBA discussions (though the NFLPA did also sue the league on behalf of the players).  However, one issue in this case is that the NFL was aware, but did not share with the players, that an OTC weight-loss supplement contained the banned substance (which is not a steroid, but rather a masking agent).  As the CBA is negotiated, watch for changes in the way the banned substance list is publicized.

Filed under: anti-doping policy, Kevin Williams, Major League Baseball, National Basketball Association, National Hockey League, Pat Williams, U.S. Anti-Doping Agency