Former NFLPA Associate General Counsel Sues Union; NFL Filed Grievance Against Union
Heather McPhee, who had been the NFL Players Association’s associate general counsel since 2009, filed suit in December against the union, former executive director Lloyd Howell, NFLPA general counsel Tom DePaso, and NFL Players, Inc. president Matt Curtin, per sports business reporter Daniel Kaplan and Mike Florio of Pro Football Talk (NFL Players, Inc. is the union’s licensing and marketing arm). The union had placed McPhee on administrative leave in August for alleged workplace “misconduct,” and she was fired on December 30, less than two weeks after she filed her lawsuit (via ESPN’s Don Van Natta Jr.). 
Kaplan subsequently reported that McPhee is seeking damages of $10MM and that the union had sought to seal her complaint. Florio obtained a copy of it and notes that it contains four counts: obstruction of justice; sex discrimination; intentional infliction of emotional distress; and breach of contract.
In a full-length piece for Front Office Sports, Kaplan says McPhee was originally placed on administrative leave after she cooperated with a Department of Justice investigation into the NFLPA’s relationship with OneTeam Partners, which is a venture between major sports unions to collectively sell group licensing rights (the DOJ probe also includes the Major League Baseball Players Association). The NFLPA has four of the OneTeam Partners’ nine board seats, and McPhee’s suit addresses the OneTeam Partners’ Senior Executive Incentive Plan, the goal of which was to compensate board members affiliated with the NFLPA.
Her complaint also addresses the confidentiality agreement between the league and the union regarding the NFLPA’s recent collusion-related grievance. Regular PFR readers will remember that agreement well.
In 2022, the same year the Browns authorized the now-infamous five-year, fully-guaranteed, $230MM contract for quarterback Deshaun Watson, the NFLPA filed a grievance against the league. The grievance alleged that league owners colluded in an effort to make the Watson deal an outlier rather than have it become a precedent for future fully-guaranteed contracts for the NFL’s best players.
In January 2025, the arbitrator who heard the grievance stopped short of ruling that league owners had colluded but did state that teams were urged to restrict guarantees in player contracts. Despite that finding, which Florio classifies as a “partial victory” for the NFLPA, the union and the league agreed to keep the arbitrator’s 61-page decision entirely confidential (it was not disclosed to players either).
The union entered into such an agreement at least in part because of text messages sent by J.C. Tretter to former NFLPA executive director DeMaurice Smith, in which Tretter lampooned and belittled Russell Wilson for agreeing to a contract with the Broncos that was not fully-guaranteed. The league used those messages in support of its argument that no collusion took place, and Tretter – who had previously served as the NFLPA’s president and who was working as its chief strategy officer at the time – hoped to prevent them from being made public. Tretter was nonetheless considered a legitimate candidate to succeed Howell as the NFLPA’s executive director, though his role in the collusion matter and a separate grievance involving the league’s running backs – his prior remarks encouraging RBs to feign injury to improve their bargaining power helped the league win that case – triggered his July 2025 resignation.
It was only after veteran reporter Pablo Torre unearthed the arbitrator’s collusion ruling that the league elected to appeal the decision (the appeal is still pending). McPhee alleges that DePaso accused her of leaking the ruling, and that DePaso criticized her for “being emotional” when she questioned the timing of the appeal (via Florio). She goes on to say that the belated nature of the appeal harmed free agents seeking new contracts during the early stages of the 2025 league year, and she argues her placement on administrative leave was retaliatory.
While it is much too soon to speculate on the outcome of McPhee’s suit, it represents another potential black mark for the union, which has sustained a fair amount of them recently. The circumstances surrounding the Tretter and Howell resignations – Howell stepped down amid conflict-of-interest concerns and revelations of a sexual discrimination and retaliation suit that had been filed against him during his time at the Booz Allen Hamilton consulting firm, to say nothing of his role in the collision matter – do not cast the NFLPA in a positive light. Interim executive director David White and his potential successor will look to reverse that trend.
Meanwhile, Tretter is the subject of another grievance even though he is no longer affiliated with the NFLPA, as Albert Breer of SI.com details. Since 2023, the union has published “report cards” on each of the league’s 32 teams, which are designed to serve as something of an accountability check. After the union began publishing the report cards, the league sent three cease-and-desist letters to Tretter in an effort to make them stop. Those attempts were unsuccessful, and the NFL filed a grievance in August.
The report cards do appear to be having a positive effect for players. As Breer observes, five owners received grades of “D -” or worse in the most recent poll, and two of those owners (the Cardinals’ Michael Bidwill and the Patriots’ Robert Kraft) have invested tens of millions of dollars in new practice facilities. A third such owner, the Steelers’ Art Rooney II, is renovating an existing facility.
NFL Players Association Facing Potential Federal Probe Into Finances
The dust had barely begun to settle in the wake of Lloyd Howell and J.C. Tretter‘s resignations from the NFL Players Association. New leadership has not even been appointed. Still, controversy continues to toil in the players’ union as ESPN’s Don Van Natta Jr. and Kalyn Kahler report the existence of a federal criminal investigation into the NFLPA’s “potential misuse of funds and self-enrichment by union officials.”
The news comes off of ESPN’s acquisition of a confidential document “marked ‘privileged’ and emblazoned with the union logo on each page.” The document was provided to several other sources and players and contains a memo drafted by a senior union attorney, titled “Crisis Management,” that outlines the scope of the investigation. The memo was provided to the NFLPA’s executive committee and player representatives earlier this week.
“Immediate threats” identified by the memo indicate how “potential action by the National Labor Relations Board over ‘unfair labor practices’ and a ‘lapse of fiduciary duty oversight practices during (the) Howell tenure'” could result in the union paying “direct or foreseeable pecuniary harms.” The document doesn’t identify which specific individuals are under criminal investigation, but Tretter denied being under investigation, while Howell did not respond to attempts by ESPN to reach him.
The document’s main point is summarized in this quote:
(The) government is watching (the NFLPA’s) response (and) could quickly ramp up and expand (the) scope of (the) existing (Department of Justice) criminal investigation. (The NFLPA’s) Board (and) Officers need to show (the) government (and) fellow union members that they are acting immediately to find out (the) depth of problems at (the) union (and) related entities.
Essentially, the document claims that eyes will be closely watching how the NFLPA settles on Howell’s successor. Howell’s appointment in the first place was the result of a 16-month process in determining DeMaurice Smith‘s successor, just for the former to resign disgraced by becoming “a distraction” because of his strip club charges to the union for over $3K and rumors of conflicts of interest and a culture of secrecy best represented by Howell’s confidential agreement with the NFL to keep the details of the arbitrator’s collusion ruling from the NFLPA’s executive committee and player representatives.
Howell has since resigned from his consulting role with the Carlyle Group, per Van Natta, and OneTeam Partners, a $2BB group-licensing firm co-founded by the NFL and MLB’s Players Associations on which Howell held a board seat, is under FBI investigation for its financial dealings.
NFLPA president Jalen Reeves-Maybin released a statement announcing the Association’s intention to hold a vote for an interim executive director earlier this week. Tretter was considered a frontrunner, along with NFLPA chief player officer Don Davis, before Tretter’s sudden resignation. Since then, several other names have been rumored as candidates.
Mike Florio of NBC Sports reported rumors of NFL Players, Inc. president Matt Curtin and NFLPA associate general counsel Chris Fawal being options. The document names Davis, NFLPA senior director of player affairs Lester Archambeau, NFLPA chief operating officer Teri Smith, former NFLPA president Dominique Foxworth, and Foxworth’s successor, former NFLPA president Eric Winston, as candidates, as well, in what it calls the union’s “triage plan.” Foxworth was also considered for the job during the 16-month process that led to Howell. ESPN even adds that multiple sources have identified Smith as the potential interim successor of his successor.
It’s believed that the 32 teams’ player representatives could choose an interim executive director as soon as this weekend. The document asserts that the interim director will serve as the “Triage Manager” and shouldn’t be required to abstain from running for the permanent job whenever that election occurs.
The document ultimately makes several other opinionated claims like the possibility that players may sue the union for the January collusion decision situation or that there should be improved oversight of an investment advisor for the NFLPA’s discretionary funds. In the end, it maintains its main assertion that the NFLPA must take “prudent and definitive actions” to fill the “leadership vacuum” in order to avoid federally ordered, court-supervised oversight of the union as a result of a federal criminal investigation.