Harold Henderson Tries an End Run
Harold Henderson in front of Congress
It was obvious after the meeting that the NFL’s in house attorney, Harold Henderson, tried to do an end run with his attempts to get real information to the retired players. Here’s the follow up on our Snowing in Dallas (click HERE to read that) post about Commissioner Goodell’s visit to Dallas. Many of you were well aware ahead of time that John Wooten had invited John Hogan to the meeting in Dallas. As a courtesy, we decided not to publicize his trip, with hopes that John Hogan would be given some time to actually address many of the issues he has personally encountered with the NFLPA’s disability program (or lack thereof). But that was not to be. John was initially turned away from the “closed” meeting and then allowed to take a seat but was told he couldn’t address the group about his findings and ideas. John left the meeting before it finished and then received an interesting e-mail from John Wooten (after we posted Snowing in Dallas) denying he had invited John Hogan to attend. What was more interesting however was another e-mail that came in after Wooten sent that e-mail out to John Hogan AND Harold Henderson. Henderson then sent a short and terse e-mail back to John Wooten and it sure looks like he doesn’t know too much about the Internet and e-mail either (like our good friends at Akin Gump!). Looks like Henderson clicked on that REPLY ALL button and sent his message out to John Wooten as well as John Hogan and several other people in the NFL organization: Jeff Pash, Peter Abitante and Deborah Pugliese). Pash is an Executive VP and an attorney, Abitante is their PR flak (?!!) and Pugliese is Goodell’s secretary. Now why would Henderson have to keep their PR counsel informed? Here’s the e-mail:
John Hogan just sent this letter off to John Wooten today so we’re now posting it in its entirety to allow everyone to have access to what’s going on behind the scenes. This looks more like a PR game that Henderson seems to be orchestrating (likely behind Goodell’s back) even as they’ve hired a new lobbyist to try and sway our elected officials in Washington. As always, John Hogan manages to stay dignified. We also plan on posting John Hogan’s entire proposal on Disability reform some time after this weekend so everyone can access and read it.
P.S. – John Hogan had already sent an open letter to Harold Henderson back in August and it went unanswered (read it by clicking HERE).
October 10, 2008
Dear Mr. Wooten,
Please let me clarify a few things. When we spoke by telephone about Dave Pear’s case, you explicitly said to me “…let me extend to you a personal invitation to come to the retired players meeting in Dallas and meet with the Commissioner…” You went on to tell me the date, time and location. I rearranged my schedule to be there including postponing hearings of several of my clients. I came at my own expense, and gave up the better part of two days to be there. I spent last weekend preparing explicit information about the disability system so that all present – including the Commissioner – might be educated.
At that time, you obviously felt that I had something important to contribute to the meeting. Perhaps in my excitement about the opportunity to attend, I did not properly acknowledge your invitation. I am sorry if you were surprised by my presence.
Please be assured that I have no agenda other than to reform an illegal and corrupt system that has done significant damage to many of your fellow retired players and their families.
I was stunned when you told me that I could not say anything. I represent dozens of former players; serve on the Board of Directors of two retired players’ organizations and have worked diligently in the past two years to try to educate Congress, retired players, and anyone else who was interested in the legal and practical failings of the Bell/Rozelle disability system. I have specialized in disability law for more than 25 years. I wasn’t at the meeting to learn anything about the issues – I was there to help explain what the solutions are. Additionally, at least six of the men present in that room have sought my advice or representation regarding their disability claims.
It was painful for me to sit quietly during the meeting when I had the answers to many of the players’ questions. I also had a copy of the Plan with me. But I bit my tongue.
100 guys in that room – do you think any of them know about the legal problems with the Plan? Only two of us did – me and Harold Henderson. Henderson is using all of you to do a dog and pony show feigning real concern for the retired players. It is clear to me that he is only serving the interests of the NFL owners and is running interference for them on Goodell. Are you aware that he has been actively lobbying Congress to avoid further inquiry into the Bell/Rozelle Plan? No doubt he had planned on telling them that the proof of the NFL’s concern is conducting these meetings.
The NFL just hired a new VP to coordinate their lobbying efforts. In this terrible economic climate, I can’t imagine the owners agreeing to pay players an additional dime – all the more reason to know where the legal deficiencies and conflicts of interest lie.
I do not doubt that you and Daryl Johnston and the other members of the Alliance have every good intention to try to better the lot of the retired player – but what do any of you know about disability law? The Commissioner said that “You can’t find a solution to a problem until you can identify what the problem is.” Do you know what the specific problems are? Do you know what the solutions are? I do and I was looking forward to sharing that information with all of you. Henderson knows that I know and I believe his insistence in keeping the meetings closed is an effort to keep more of you from becoming properly informed.
I firmly believe that I am one of only a very few attorneys in the entire country who has the knowledge, experience and willingness to help retired players reform their disability system. As far as I can tell, I am the only one who has stepped forward.
Are you aware of the fact that Henderson and Gene Upshaw signed a side agreement this spring – without any explanation – that took away retroactive disability benefits for Total and Permanent disability? Did you know that it could reduce some disabled retirees benefits by $375,000? The man to the left and in front of you – with his entire right shoulder and arm in a brace – was recently told by the Plan that he had to pay back $135,000 simply because of that change. Did you understand that from what he told the gathering? I did. But no one else there knew enough to ask Goodell or Henderson why the change was made, and if they were aware of how it adversely affected this player.
Why do you think Henderson wanted to keep anyone except former players out of the meeting? So that you could have an open and honest exchange with Goodell? Nonsense! He did it because he knows that none of you retired players know what the legal failings of the disability system are. He’s using you, and you fell for it.
Goodell told you last night that no significant changes can be made until the CBA is extended, or a new one entered into. I don’t know if he actually thinks that is the case, but that is wrong. He could make significant changes to the disability system TOMORROW if he wanted to. Do you or the members of the Alliance know what those changes are? If you would have let me speak, you would have learned.
If no changes to the Plan can be made until a new CBA is achieved – and that could be a couple of years away – why does Goodell want to meet with retired players now, except to be able to try to convince Congress that they can get their own house in order, and do not need further Congressional investigation or intervention?
While wives and widows may not know the legal shortcomings of the Plan, they surely could have provided additional and very helpful input. When I meet with a disability client – including former players – I insist that their wives are present so that I can get the whole story. Not including them in these meetings is incredibly shortsighted.
If you think that the Commissioner actually learned anything new last night, you are kidding yourself. We heard three things: the pensions are too low and unfair; the disability system is terrible and unfair; and all retired players need to be united to achieve the improvements you seek. I can’t imagine that Goodell doesn’t already know all this. If he doesn’t, he’s being kept in the dark.
After the meeting had been going on for a while, one guy astutely asked: “Is anyone recording this? Is anyone taking notes?” It was obvious Goodell wasn’t taking notes – he didn’t need to – as he has heard it all before!
What solutions were agreed upon last night? Probably none. If I had been allowed to speak, I could have told Goodell, in front of all of you, what he needs to do to reform the disability system. I could have told him what he is required by law to do, but does not. No – you ran interference successfully. Henderson surely felt that it was “Mission accomplished!” At least until he read Dave’s blog.
Internet blogs like Dave’s, as well as other retired players’ websites and e-mail lists – with the information they spread and the questions they raise – have been a crucial factor in keeping the pressure on the NFL and NFLPA to bring about changes for the retired players. Henderson and Goodell are big boys – surely they can tolerate the heat Dave generates which they have fueled by 25 years of screwing him out of the benefits he should have received long ago.
I wasn’t present for the last portion of the players’ own meeting. I’m sure you all came out of that with a great spirit of camaraderie and sense of purpose. Let me bring you back to reality – most likely, you didn’t accomplish a thing. You might have if you had let me speak ON BEHALF OF IMPROVING THE DISABILITY SYSTEM FOR ALL RETIRED PLAYERS. But apparently you were afraid of offending the Commissioner by allowing him to be confronted with the truth and reality of the disability debacle that is the Bell/Rozelle Plan.
Earlier this summer, several retired players were told by people in Goodell’s office that they knew that the Plan needed reform, but they didn’t know what those changes should be and would welcome specific suggestions. Consequently, I became the principal author of a detailed disability reform plan which was submitted to Mr. Goodell. Joe DeLamielleure called Goodell the day before I sent it to him to notify him it was coming. I put a lot of time and effort into that document without compensation. (The Groom Law Group was paid $147,000 a couple of years ago by the NFLPA for writing two nearly identical briefs to the Supreme Court.)
I put forth all the effort in good faith, thinking that the NFL really wanted to see such suggestions. However, after their rejection – communicated to me by Henderson – I am of the opinion that they never really wanted to see any. They were just putting retired players off, thinking that they were too uninformed to put forth serious and credible suggestions.
Mr. Wooten, I didn’t pull a shenanigan on you – but the NFL certainly has. If you and the other players at the meeting were aware of the specifics, you would all be screaming at Mr. Goodell for INEXCUSABLE CONDUCT.
I am blessed to have a very successful law practice completely apart from my role as an advocate for reforming the Bell/Rozelle disability system. I have spent a lot of time, effort and money in the past two years to try to help this cause, as I felt I had a unique perspective and very important contribution to make. If you keep running interference for the NFL to keep the truth from getting out, you will all be spinning your wheels and wondering why nothing significant has been accomplished.
I’ll stop playing Don Quixote now and get back to playing some golf.
John Hogan
Harry Jacobs
October 10th, 2008 at 6:29 pm #
John,
I believe you! If Goodell comes to Buffalo, I will invite you and put you on the agenda.
Harry Jacobs
Ange Coniglio
October 10th, 2008 at 6:49 pm #
What if the 150 retired players at the Dallas meeting had stood up and said, “We would like John Hogan to speak”? I understand that these meetings are supposed to be held in every city that has a Pro Football franchise. Why not inform the local retired players BEFORE those meetings that they 1) should attend and 2) should ask for a presentation at each meeting by John Hogan or one of the other recent advocates of improved retiree benefits?
It looks as though your “union” is not representing you. Why don’t you ORGANIZE a group that DOES represent you and request that a member of that group be allowed to speak at the remaining local chapter meetings?
Ange Coniglio
http://www.remembertheafl.com
John Hannah
October 11th, 2008 at 5:27 am #
Why does this surprise us? The Alliance is so dependent on the NFL that they will always be submissive to the dictates of the league. If Goodell can have his advisors present, I see no reason why we can’t. Few players have any expertise in labor law and we should be represented by someone who does. This act of silencing our spokesman confirms the farce they call the Alliance.
John Hannah
COUNCIL RUDOLPH
October 11th, 2008 at 6:29 am #
Very good. We need this man on our team!
Council Rudolph
Tony Davis
October 11th, 2008 at 7:08 am #
At some point in time – in the near future I pray – these issues that we fight for every day, that we lobby for on a regular basis having to fight through the NFL/NFLPA’s high-paid lobbyists who are making major attempts to keep from having to be subject to a GAO Audit, we will all stand together, raise our glasses in a toast to a lot of people who have never made it and to those of us who never relented.
At that point in time, all those NFL Retired Players who decided to turn their backs on their brothers, on those players who stood by them on the field, in the locker room and even in each other’s homes, WILL BE HELD ACCOUNTABLE.
John Wooten, are you to be identified as one who did not stand with the NFL Retired Players? All those in the NFL/NFLPA need to know something and know it well.
WE WILL NOT GO AWAY, WE WILL NEVER GIVE UP…
Tony Davis
A Proud NFL Retired Player
Dave Pear
October 11th, 2008 at 8:10 am #
Mr. Hogan,
Thank you for your insight and courage to speak out on this injustice. Until you so graciously volunteered your time and resources to help us, one of the reasons retired players have been treated with willful malice was because we have never had our own legal representation. You are a good man.
On the other hand our union and the NFL has an unlimited budget to continue to abuse their power. We will continue to petition for justice with zeal and will stand firm until we are vindicated. We will continue to expose their GREEDINESS and dirty deeds.
Dave & Heidi Pear
chris burford
October 11th, 2008 at 12:34 pm #
John,
Thanks so much for the time, effort and expense you have provided and taken on behalf of retired players. I can’t but help think that persistence and justice will pay off in the end and those that seek to delay, hamper and impair that process will be outed in time. Please stay the course, as you have many supporters and appreciative former players on your side.
Best personal regards,
Chris Burford
Texans/Chiefs 60-67
Bernie Parrish
October 11th, 2008 at 7:23 pm #
Thanks John!
John Hogan I mean. Thanks for your great effort on our behalf. Congress isn’t being fooled by the NFL owners business plan modeled after the “merchants of death” the tobacco companies business plan created by Covington & Burling, the NFL’s guiding law firm and Paul Tagliabue’s law firm. The NFL is obfuscating players disabling injuries in the same way the tobacco companies obfuscate the deadly cancers that injure and kill children all around the world. Harold Henderson is a product of R.J. Reynolds tobacco company and schooled in the “merchants of death’s” business plan. John Hogan is our best expert on the fiasco that Goodell calls a disability plan.
The coming change in Washington will enable us to move the Dept of Labor, Dept of Justice and other agencies to move against the NFL and NFLPA’s illegal abuse of players and retired players. Goodell and Henderson should have to cover a kick off or stop an end sweep. A “side letter agreement” can be used to change anything in the current CBA so Goodell’s “wait ’til the new CBA is more of the league’s Delay-Deny-and-Hope-We-Die campaign. Hang in there guys – we’re kicking their crooked butts and we’re just getting started. Thanks, John Hogan, for your time and thought and all your hard work. We are incredibly lucky to have you on our side!
Bernie Parrish
Dick Bielski
October 12th, 2008 at 6:52 am #
Thank you, John Hogan.
We greatly appreciate all your efforts. And the next “open meeting” the NFLPA has, you should be invited and asked to speak and give your expert opinion.
Between you and Bernie some good should come of all this.
This is America, it is our given right to speak at an open meeting.
Dick Bielski
1955 – 1963
Philadelphia, Dallas & Baltimore
Conrad Dobler
October 12th, 2008 at 7:19 pm #
John,
I would have been able to get you up to speak if I had known about the situation. Isaiah Robertson, the chapter president, and I are very good friends and I know he would have introduced you and allowed you to speak. Maybe we need to get you to Chicago or Philadelphia where Mike or Bruce can give you the opportunity. We need to get your proposal into everyone’s hands – both current and retired players.
The work you’ve done is very important. Once a player is cut or retires, he should be given an educational package informing him of his rights. This is not done today.
So we need you, John. And besides, you’re to old to improve your golf game! Keep in mind – you won’t be remembered for your low golf score but for the footprints you have left behind. One of those footprints should be up the NFL and the Union’s ass.
I appreciate all you have done and would welcome the opportunity of becoming one of your clients. I have been rejected so many times that I feel I would be wasting your time. You can call me any time.
You’re the Best.
Thanks for your help,
Conrad Dobler
Bob Grant
October 12th, 2008 at 9:19 pm #
Dave,
Please publish this open letter to John Hogan.
John,
First of all I want to say that I am so very sorry – but not surprised – at the disrespectful way that you were treated at the meeting down in Texas. Neither Henderson, Goodell or any of the others had any intention of allowing anyone to speak who is a true Advocate for Retired Players. I am sure that John Wooten meant well when he invited you but he obviously had not checked with the people who continue to fight against fair earned, adjusted benefits and treatment for all Retired Players.
I have not been as aggressive in my advocacy as I have been in the past recently because I have been a little under the weather and I also wanted to see the Trial up in San Francisco reach an initial conclusion. I say initial conclusion because you can bet that our opponents are already getting ready for the first of their appeals should things not go their way. They could have this matter tied up in the Courts for many years to come. They have both the money and legal clout to do so.
Thank you so very, very much for all that you have done to help us up to this point and I hope and pray that you will continue. The people that we are fighting against are wealthy, powerful, influential and dangerous fighters. One of the great Civil Rights Advocates of the 1960’s, Malcolm X, once said that no one has ever surrendered Power voluntarily.
The NFLPA and their Handler Partner (the NFL) will do every thing that they can to stop educated specialists such as yourself from helping Retired Players improve our benefits, treatment and participation in the great prosperity presently enjoyed by the sport of Professional Football.
Those Devils will never voluntarily sit down with us as long as we have informed counsel such as yourself. They will offer us a few crumbs in order to divert public, political and legal attention from the horrible, dishonest and, I believe, unlawful way that they have conducted themselves in regards to the treatment of Retired Players. They didn’t fool me for a minute when they selected those guys for the Alliance without asking a single one of the rest of us if the entire affair was okay with the rest of us. Those guys who are members of that Alliance group were duped themselves into believing that they were going to be allowed to do any damn thing for Retired Players. They must have figured out by now that they are being used and made fools of. That statement is not meant personally in regards to any individual Player.
I like a number of the guys who are Alliance Members but I am also sure that they are all – whether they know it or not – “Judas Goats.” We would be fools to follow members of the Alliance. They should be fighting with our Genuine Advocates and trying to work WITH informed people like yourself John.
We have other “House Servants” who are in the houses of the NFL and the NFLPA. I don’t trust any of them. I must be honest and say that any thinking person out there should be able to see that there is a conflict of interest in any case where the “House Help” claims to be genuinely interested in unfair treatment of the “Field Workers.” They will not risk their favored positions and jobs to help the rest of us.
John, you never played a down in the NFL but you are a real Champion to all of us. Without your help, these fools would use their Labor Lawyers to slaughter us. They are counting on you walking away from this fight.
I am convinced that the NFL and the NFLPA are one and the same when it comes to the matter of Retired Players. I am convinced that they are sure that they can just fight us off until every single one of us is dead.
John, there are many of us who will never quit the fight. I know that you will fight on with us. How do I know that? Well you have been in the middle of it for a long time now and it certainly wasn’t for money because you haven’t made any.
There are certainly going to be more of these “fake meetings” like the one that they shut you out of down in Texas.
Would you consider accepting a retainer of one Dollar ($1.00) from me and any other Retired Player who is willing so that we have a legal agreement that will allow you to represent us in the initial phases of some of these things. Let’s see them hold a meeting then.
Once again, Thank You for all that you are doing. We will organize our leadership in the coming months and we will have a face that fans, the media, politicians and the corporate sponsors and advertisers of the NFL will recognize.
If I die suddenly of a heart attack, a stroke or pancreatic cancer, just before I am called to testify in Court, please have someone look into it. I saw a movie once in which some CIA type group killed a few guys by giving them injections that made it look as though they had died of quick heart attacks. Okay, okay. It was just a movie. Probably no one would ever do anything like that to someone fifteen minutes before they were going to be forced to “spill the beans” on a powerful organization in Court. I was just kidding around. That’s probably a scientific impossibility outside of the movies…
Dave said that he would tell you that I will try to be in San Francisco for at least one day of “The Trial.” I hope to see you there.
Bob Grant
Player Advocate
Irv Cross
October 13th, 2008 at 11:41 am #
John:
I am writing to express my thanks to Dave Pear for the great job he is doing keeping the retired players informed. I also want to thank you for the work you are doing to help improve retirement and disability benefits for retirees. I have not spoken to John Wooten or anyone else about the meeting in Dallas, but I feel a need to express my view of the incident. I have a sense of embarrassment for the way you were treated and an apology is due you. I know John Wooten. If he invited you to attend the meeting, I am sure he did so with the best interests of all retired players. “Woot” is a man of high character, and has placed himself in harm’s way many times to advance the cause of others less fortunate. I do not have to vouch for John Wooten, because he speaks well enough for himself. I hope this dispute can be over-ridden and you are able to work together.
You are an expert in disability law with a unique understanding of the issues facing retired NFL PLayers. Here are my thoughts. All retired groups should come together as one body. You should educate ex-players of the issues facing retirees and solutions to those issues. After having informed retirees and having a clear understanding of the issues, a representative group will join you in a meeting with the Commissioner for the purpose of presenting a plan to resolve our current disability and retirement issues. You will have the floor during that meeting, and I would love to be there with you.
Thanks for your support of retired NFL Players.
Irv Cross
Dave Pear
October 15th, 2008 at 7:24 am #
Irv,
Thank you for your support and willingness to work alongside your football brothers. You certainly are an accomplished player and broadcaster, along with numerous other dignified ventures. I appreciate your willingness to get involved in our petition for justice. In order for us to have a legitimate union (NFLPA), there CAN’T be partiality and the divide-and-conquer mentality that exists today between active and retired players. In the near future, current players will become retired players and will face many of the same problems retired players face today unless REAL changes occur that follow the guidelines of the AFL-CIO and ERISA law. Disability expert John Hogan is a champion for justice. He can explain the current illegal and corrupt plan now in existence, along with the long list of conflicts of interest that are pervasive throughout the NFLPA leadership.
Sincerely,
Dave & Heidi Pear
Tony Davis
October 15th, 2008 at 7:33 am #
I cannot express my thanks enough for the support of two great warriors and advocates: Bob Grant and Irv Cross. Both Bob and Irv are dead on in their idea of a United Retired Players Front.
Once the Class Action suit finishes stage one, as Bob suggested, we will be working with experts in the field of Union and Labor law to determine the next steps we need to take to represent the rights of the NFL Retired Players and what could be the corrupt dealings of the NFLPA and its executives.
Tony Davis
Irv Cross
October 16th, 2008 at 1:10 pm #
Dave, Heidi and Tony:
Thanks. We know better than anyone that a house divided cannot stand. I recall George Allen telling us that with 45 men playing together we couldn’t lose. All of us know what it means to come together as a team. I think we are looking at a small window of opportunity where we can bring all of the parts together: active and retired players. We all played this game and tradition and loyalty keeps us involved. We don’t hang around this game because we are bitter or cannot let it go. We stay with it because our blood and limbs are scattered in stadiums all over the country and we have left an indelible impression and spirit which has made the game what it is today. We stay, because we are the game.
Jim Brown’s presence will always be felt in Cleveland, as Ditka in Chicago, Bednarik in Philadelhia, Bart Starr in Green Bay, John Unitas in Baltimore and Huff in New York. I was lucky enough to work directly with Red Grange while helping to develop the NFL Alumni Golf/Youth Clinic Series. No, we don’t hang around the game because we are bitter or looking for a hand-out. We’re here because we are the game.
Let’s figure a way to connect with the active players so we can help them live better with their retirement, because in our world we know if we all come together, we can’t lose.
Irv Cross