NFL Players Association

Latest on DeMaurice Smith, NFLPA

August 27th, 2017 at 8:13pm CST by Ben Levine

It sounds like DeMaurice Smith‘s future status as the NFL Players Association’s executive director may be more secure than initially thought. With the standard voting expected in March, Mark Maske of the Washington Post reports that the NFLPA is has revamped the election process, which would seemingly make it easier for the incumbent to retain their position.

By mid-October, a 14-member selection committee will vote on whether they should extend Smith’s contract. If the vote is unanimous, Smith will keep his job. If seven-to-13 of these members approve this move, then the vote will be moved to the board of player representatives (which includes members of every NFL team). If 21 (“two-thirds” of the grouping, technically) of these players approve, then Smith maintains his job.

An election for the executive director spot will only happen if six or fewer members of the selection committee commit, or if less than 21 player representatives don’t approve the move. In this situation, the selection committee would then choose several candidates to (presumably) run against Smith.

As Mike Florio of ProFootballTalk.com writes, this decision will prevent the “umpteen-candidate clusterfudge” election that occurred in 2015. Furthermore, with the NFLPA preparing for a CBA negotiation (and an impending extension for commissioner Roger Goodell), retaining the executive director “could be the right message to send to management.”

Of course, some believe Smith instituted this rule to help himself keep his job. This includes lawyer Cyrus Mehri, who was prepared to run for the executive director gig.

“De Smith has given the vast majority of NFL players and the public at large the false impression that the election is in March of 2018,” Mehri said. “Meanwhile, he devised a scheme with a virtually secret and unobtainable constitution to prevent any election at all.

“We will not let him get away with this. Players deserve choices. We are going to fight every day to advance player voices and choices. To be the [executive director] of the NFLPA is a privilege that should be earned every three years in broad daylight. The stakes are too high to deprive NFL players of an opportunity to evaluate the candidates after a full debate.”

Smith was a unanimous choice for the role back in 2009, earning the job over Troy Vincent, Trace Armstrong, and David Cornwell. The 53-year-old predictably had a major role when the NFLPA negotiated a CBA with the owners back in 2011. However, despite his apparent positive influence, Mehri doesn’t believe that Smith’s new election rule is reflective of the NFLPA.

“It is ironic in a league where players have to compete every single day that De Smith is afraid of competition,” Mehri said. “NFL players deserve better.”

Is The NFLPA Still Preparing For A Lockout?

June 3rd, 2017 at 12:49pm CST by Ben Levine

We learned back in May that the NFLPA’s board of representatives had approved a plan that would set aside millions of dollars into a “work-stoppage fund,” allowing the players to make some money if an NFL season is cancelled or delayed. Now, it sounds like the Players Association wants the athletes to start saving up their own personal money as they prepare for a potential lockout in 2021.

“We wound up in a situation where unfortunately [savings] didn’t happen across the league as much as it could have happened,” spokesman George Atallah recently said on SiriusXM NFL Radio (via Mike Florio of ProFootballTalk.com).

“In 2009, we were faced with a major sort of signal that the owners were going to try and lock players out. We were trying to get as many players prepared as possible. . . We need players of every generation to really help the young guys understand what it takes to go through some labor strife. For the players who went through it in 2011, the union administration and player leadership did everything it could to prepare players across the league. I think it needs to happen again with the same sort of fervor.”

This game plan is easier said than done. Florio notes that a solid portion of the potentially impacted players are currently in college or high school. Therefore, it might be especially unrealistic to expect these kids to be financially conservative after they finally sign their first NFL contract.

Alternatively, Florio suggests that the NFLPA could find a clever way for players to make money during a potential lockout, thus providing them with some leverage as they’re negotiating with the league. There were talks in 2011 of unaffiliated exhibition games, and the writer believes the players should start the process of determining these specifics now (as opposed to down the road).

The union already has more than $314 million in net assets, and that doesn’t account for the $90MM they’re expecting from that previously-mentioned “work-stoppage fund.” 2016 royalty money will still be handed out to players this fall, with the “equal share” starting to see an impact for the 2017 campaign

The NFL has reportedly approached the NFLPA regarding a renegotiation multiple times, but to no avail. “Stadium credits” will surely be atop the list of sticking points, along with how money is allocated via the lucrative television deal. Offseason practice rules and Roger Goodell‘s “authority over discipline” will also presumably be discussed.

Is The NFLPA Preparing For A Lockout?

May 13th, 2017 at 9:03am CST by Ben Levine

The NFL’s current collective bargaining agreement is set to expire in early 2021, and it looks like the NFL Player’s Association is already preparing for a potential work stoppage. According to Tom Pelissero of USA Today, the NFLPA’s board of representatives have approved a plan that would set aside millions of dollars into a “work-stoppage fund.”

Instead of immediately handing out the licensing royalties to players, the NFLPA is seemingly setting this money aside in case of a strike. Pelissero suggests the players will ultimately accumulate more than $90MM over the next four years, “on top of union dues that already are saved for that purpose.” NFLPA executive director DeMaurice Smith has already done an admirable job of collecting money since taking over the role in 2008, as the union has over $314 million in net assets.

2016 royalty money will still be handed out to players this fall, with the “equal share” starting to see an impact for the 2017 campaign. Pelissero reports that the “equal share” earnings for NFL players in 2015 was around $13,200, which ends up equaling out to more than $22MM. This number will surely be reduced as the NFLPA looks to save some money for a potential work stoppage. Any applicable royalties will also be placed into the fund until a player retires, unless there’s a strike before then. In that case, the collected royalty money will be allocated to the players immediately (as determined by the NFLPA board).

On the flip side, the NFL itself reportedly doesn’t have these financial contingencies in place. As the the writer notes, a matter of contention during the 2011 strike was the NFLPA’s assertion that the league had saved up more than $4 billion in TV revenue for a potential lockout.

The NFL has reportedly approached the NFLPA regarding a renegotiation multiple times, but to no avail. Pelissero suggests that “stadium credits” will surely be atop the list of sticking points, along with how money is allocated via the lucrative television deal. Offseason practice rules and Roger Goodell‘s “authority over discipline” will also surely be discussed.

Latest On Adrian Peterson Appeal

August 7th, 2016 at 7:20pm CST by Ben Levine

Roger Goodell and the NFL have once again prevailed in appeals court. As Dave Campbell of the Associated Press writes, the 8th U.S. Circuit Court of Appeals ruled earlier this week that NFL arbitrator Harold Henderson “acted with his rights” when upholding the six-game suspension handed to Adrian Peterson in 2014. Last year, U.S. District Judge David Doty had said Henderson “overreached his authority” when handling the NFLPA’s original appeal.

Before we discuss what this means for the NFL and the players, let’s review the previous circumstances. Peterson was originally handed a six-game suspension by Goodell following news of child abuse, with the commissioner citing the NFL’s personal conduct policy (a policy that had been adjusted following the infamous Ray Rice video). However, the NFLPA argued the suspension couldn’t be applied retroactively, since the reported abuse took place three months before the new rule was enhanced. Doty agreed with the Players Association, but that decision was revered this week by the 8th U.S. Circuit Court of Appeals.

Peterson was originally put on paid-leave for the first nine weeks of the 2014 season, and he was subsequently suspended for the final six weeks. The NFL had originally collected half of Peterson’s pro-rated forfeited salary, but they initially held off on collecting the other half. As NFL.com’s Ian Rapoport tweets, Peterson will now owe the NFL the equivalent of three game checks from the 2014 season (around $2MM). To be clear, Peterson will not miss additional time.

So what does this mean for the NFL? As Ben Volin of The Boston Globe writes, the 8th U.S. Circuit Court of Appeals is confirming Goodell’s “wide-ranging powers to punish players who violate the “integrity of the game.”” When coupled with the recent Tom Brady decision, Goodell’s “disciplinary powers” have been reinforced (while the union’s “bargaining power” has seemingly been weakened in regards to the next CBA).

The NFLPA released a “statement of resignation” (via Campbell):

“Our union pursues all claims because we believe in due process, fundamental fairness and in the spirit of collective bargaining agreements. While the NFLPA disagrees with the decision, we accept this loss,” the union said. “When negotiation or collective bargaining fails to resolve our differences, we will always fight and pursue every recourse for our players’ rights.”

Photo courtesy of USA Today Sports Images.

Extra Points: NFLPA, Ball, Mason, Spence

April 13th, 2016 at 4:07pm CST by Luke Adams

Earlier this week, an arbitrator ruled that the NFL’s policy of placing players who are under investigation on paid leave using the commissioner’s exempt list is valid, as Mark Maske of the Washington Post writes. The NFL Players Association had filed a grievance against the policy, which has affected players such as Adrian Peterson and Greg Hardy, but the league scored a win over the union after having seen a handful of Roger Goodell‘s decisions overturned in court within the last couple years.

In the wake of the arbitrator’s ruling, optimism has “dimmed considerably” about the prospects of the NFL and NFLPA reaching a compromise on Goodell’s role in player discipline, writes Maske. Multiple sources tell Maske that there are no negotiations happening between the two sides regarding that issue at this point, with one source suggesting it may not be addressed until the next CBA: “We are where we are…. [It] seems like [there’s] nothing to talk about until 2020.”

As we wait to see what battle is next on the docket for the NFL and NFLPA, let’s check in on a few more odds and ends from around the NFL…

A pair of running backs have been dealing with legal trouble this week, with free agent Montee Ball arrested for felony bail jumping and Rams back Tre Mason missing an arraignment related to his March arrest. WKOW’s Robyn Turner has the story on Ball, while Nick Wagoner of ESPN.com has the details on Mason.
Eastern Kentucky pass rusher Noah Spence is visiting the Texans today and will visit the Saints tomorrow, tweets Aaron Wilson of the Houston Chronicle. Meanwhile, another potential first-round defender with some off-field question marks, Robert Nkemdiche of Ole Miss, has visits on tap with the Saints and Bengals, says Michael Gehlken of the San Diego Union-Tribune (via Twitter).
Joel Corry of CBSSports.com and Mike Sando of ESPN.com (Insider link) had similar ideas, with each scribe writing articles proposing trades that could take place before or during this year’s draft. Both Corry and Sando suggested hypothetical deals involving Browns offensive tackle Joe Thomas, Jets defensive lineman Muhammad Wilkerson, and Chiefs running back Jamaal Charles.
The NFL’s VP of football operations Merton Hanks has left the league office, multiple sources tell Mike Florio of Pro Football Talk. It’s not known if the NFL or Hanks made the final call on his departure, but one source tells PFT that the move was part of an effort by the league to upgrade in that area. Two other NFL employees, Joe Hurta and Russ Giglio, are out as well, says Florio.

Roger Goodell Talks Pats, Chiefs, China, Vegas

March 23rd, 2016 at 10:46am CST by Luke Adams

With the NFL’s owners meetings winding down in Boca Raton, Florida, commissioner Roger Goodell took to the podium this morning to announcing the rules changes approved by the league and to take questions from reporters. We won’t get into the rule changes here, but we’ll round up several of the more noteworthy comments Goodell made in response to those reporters’ inquiries. Let’s dive in…

Goodell confirmed that he received Robert Kraft‘s letter asking for the Patriots to get their draft picks back. However, after “considering his views,” Goodell has decided that New England’s Deflategate penalties won’t be altered, since the commissioner doesn’t feel as if new information has surfaced.
The NFL and NFL Players Association are not close – “by any stretch of the imagination” – to reaching an agreement on player discipline that would strip Goodell of some or all of his power and authority.
Goodell expects to serve as the arbitrator for the Chiefs‘ appeal of their tampering penalties, adding that he’ll make sure that appeal happened before the draft if the team pushes for that.
No discipline is expected for the Falcons and/or their coaches after secondary coach Marquand Manuel asked cornerback prospect Eli Apple at the combine if he liked men.
Although several reports have suggested that the Rams are expected to host the NFL’s 2018 regular-season game in China, Goodell said several teams are interested and no decisions have been made yet. However, he did confirm that the league will play a game in China in ’18.
Asked about the possibility of the Raiders moving to Las Vegas, Goodell didn’t close the door on the possibility of having an NFL franchise there, suggesting that the league’s 32 owners would have a decision to make if a formal proposal was put on the table. The city’s economic reliance on gambling, and the potential impact on the NFL, would certainly be a significant factor in that decision.
While no decisions have been made on Josh Gordon‘s potential reinstatement, Goodell expects his staff to update him on the Browns wide receiver’s case next week.

Extra Points: NFLPA, Colon, Vikings, Lions

March 19th, 2016 at 9:00pm CST by Luke Adams

After reporting earlier today that the NFL Players Association was considering a vote on whether to reduce agent fees from a maximum of 3% to a max of 2%, Mike Florio of Pro Football Talk hears from multiple sources that the union discussed a possible reduction, but won’t make any changes.

Two sources tell Florio that a small group of players, including Richard Sherman and Rashad Jennings, were in favor of a fee reduction, but the discussion ended up focusing instead on educating players on their right to negotiate a fee lower than 3%.

The conversation comes at an interesting time, in the wake of Russell Okung negotiating his new contract without an agent of his own. While Okung was able to get something done without having to give up a 3% fee, his deal arguably wasn’t as player-friendly as the majority of the other contracts signed this month, as I discussed earlier today. Agents could point to Okung’s lack of guaranteed money as a reason why they’re worth that 3% cut.

Here are a few more odds and ends from around the NFL:

Veteran guard Willie Colon, who is currently a free agent after spending the last three years with the Jets, said during an appearance on ESPN New York 98.7 FM that he’s contemplating retirement. “I’m on the fence. I still haven’t decided if I’m gonna go or not go,” Colon said, adding that he doesn’t want to rush his decision.
As Matt Vensel of the Star Tribune details, new Vikings tackle Andre Smith couldn’t pin down just one reason why he decided to sign in Minnesota as a free agent, citing Mike Zimmer‘s presence, the opportunity to join a winner, and the chance to compete for a starting job.
In his latest mailbag, Michael Rothstein of ESPN.com praises some of the Lions‘ free agency decisions, but says the team didn’t significantly upgrade any position, adding that there are a few “concerning places” on the roster.
Mike Klis of 9NEWS sets the stage for next week’s NFL owners meetings in Boca Raton, Florida, suggesting that Colin Kaepernick, the 49ers, and the Broncos will receive plenty of attention, even if nothing major happens with the Kaepernick trade talks.

Eric Winston Re-Elected As NFLPA President

March 18th, 2016 at 3:20pm CST by Luke Adams

Veteran offensive tackle Eric Winston was re-elected today as the president of the NFL Players Association, the union confirmed in a press release. Winston, who is currently under contract with the Bengals, ran unopposed and will now serve his second two-year term at the head of the NFLPA.

With the NFLPA’s board of player representatives meeting this weekend in Hawaii, the union also made some changes to its executive committee. Ryan Clark, Jay Feely, Brian Waters, and Scott Wells, who are no longer NFL players, are now no longer a part of the NFLPA executive committee.

The newest additions to the executive committee, replacing the four departing members, are Panthers linebacker Thomas Davis, Seahawks cornerback Richard Sherman, Steelers kicker Shaun Suisham, and Patriots offensive lineman Ryan Wendell. They’ll join a group that already includes Lorenzo Alexander, Zak DeOssie, Matt Hasselbeck, Mark Herzlich, Adam Vinatieri, and Ben Watson.

While the NFLPA’s new group of reps figure to deal with plenty of contentious issues over the next couple years, they won’t have to deal with the possibility of a looming lockout — the current CBA isn’t set to expire until after the 2020 season.

Photo courtesy of USA Today Sports Images.

Extra Points: Rams, M. Bryant, Bills, D. Jackson

March 15th, 2016 at 10:51am CST by Zachary Links

Over the weekend, it was reported that the NFLPA had concerns about player contracts with the Rams in light of their move from Missouri to California. That issue, as Mike Florio of Pro Football Talk writes, has been sorted out.

“The team’s legal move to California coincides with the start of the offseason program on April 18,” Rams executive V.P. of football operations and COO Kevin Demoff said via email. “As such, all contracts are still subject to Missouri law at time of signing. We were able to work with agents on a simple fix saying the contracts will transfer to California law once the team move is official.”

The union was concerned that players would be forced to pay California taxes, which are higher than Missouri taxes, on salaries incurred before the move. Now, it appears that they will be able to save some money on any paychecks processed before April 18th.

Here are a few more odds and ends from around the NFL:

In the wake of Martavis Bryant‘s year-long suspension becoming official on Monday, the Steelers issued a statement (via Steelers PR man Burt Lauten, on Twitter): “We are very disappointed that Martavis Bryant has put himself in this current situation of being suspended by the League. He is at a crossroads of his professional life, and he needs to understand significant changes need to occur in his personal life if he wants to regain his career as a Pittsburgh Steeler. We are hopeful that Martavis will take the necessary steps to develop the discipline in his personal life to become a successful player and a good teammate.”
The Bills officially announced multiple changes to their defensive coaching staff, including the hiring of a new defensive line coach, John Blake. Buffalo had recently parted ways with 2015’s DL coach, Karl Dunbar.
Colts linebacker D’Qwell Jackson was found guilty of simple assault in a court room on Monday, Mike Wells of ESPN.com writes. The case stemmed from a February 2015 altercation with a delivery driver. Jackson could face a maximum of 180 days in jail, and while that seems unlikely, discipline from the NFL is possible once the case wraps up. The linebacker’s sentencing is scheduled to take place on April 6th. The Colts released the following statement on the matter: “We’re disappointed to read reports of D’Qwell Jackson’s misdemeanor verdict in Washington, D.C. We’ve not had an opportunity to review any of the evidence or testimony from the trial and have not made any determination as to any action we might take as a result.”
After re-signing with the Bengals last week, offensive tackle Eric Winston will seek a second term as president of the NFL Players Association, writes Tom Pelissero of USA Today. The current expectation is that Winston will run unopposed.

Luke Adams contributed to this post.

Salary Cap To Increase ~$2MM Per Team

February 23rd, 2016 at 4:44pm CST by Zachary Links

TUESDAY, 4:44pm: The NFL released a statement today on the arbitrator’s decision that will result in the 2016 salary cap to rise further than anticipated, stating the league’s error stemmed from a technical accounting error regarding stadium construction and renovation projects, via Daniel Kaplan of the SportsBusiness Journal (TwitLonger link).

MONDAY, 9:11pm: An arbitrator found that the NFL withheld roughly $120MM in ticket revenue from its players over the past three years, as Matthew Futterman of the Wall Street Journal writes. Now, the league will have to make it up to the players by increasing the salary cap by roughly $2MM per team, as Adam Schefter of ESPN.com tweets.

In December, the league’s estimate projected a cap between $150MM and $153.4MM with many saying that the number would land closer to the upper maximum of that range. Now, with the latest bump up, the cap could easily approach ~$155MM for the 2016 season.

“They created an exemption out of a fiction and they got caught,” said DeMaurice Smith, executive director of the NFLPA.

The league’s spokesman, meanwhile, referred to the ruling as the resolution of a “technical accounting issue under the CBA involving the funding of stadium construction and renovation projects.” Regardless of what the league says, this ruling marks yet another legal victory for the NFLPA which is a good sign for the union going forward. More importantly, the ruling has the potential to give players an additional $60MM+ in 2016.

Photo courtesy of USA Today Sports Images.

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