Congress Responds to Retired Players’ Request
Some of you still remember those Congressional Hearings from last year into the NFL and NFLPA’s disability mess. During those hearings, Gene Upshaw had the details from private disability application hearings for 9 retired players’ cases (Dave’s case was one of them) publicly posted on the NFLPA’s website is that infamous White Paper. As soon as we discovered what they had done, we wrote about it and it was taken down very quickly (click HERE and HERE to read those earlier posts). It was just another dirty-tricks-as-usual tactic to get even with some of the players who spoke up during those hearings. You would think that would have been the end of it. But it was only recently that we happened to be reviewing the Congressional Judiciary Committee’s final report on their website that we discovered one of the Exhibits under the NFL hearings (Exhibit A) contained the same information from the NFLPA’s original White Paper, including all that personal disability data for each of those 9 retired players’ hearings! (Below is a screenshot of the earlier page with Exhibit A available.)
We were astounded that the NFLPA would subsequently hand over that same private information to Congress after having already been notified of their violation. We see this as another blatant attempt to smear those players for their brave decision to speak out against the injustice. The Judiciary Committee then inadvertently published the document and apparently it’s been up for well over a year with little notice until we just happened to be reading it more closely a couple of weeks ago. It was shocking to see all that information back online once again!
We were fortunate enough to have been put in touch with Judiciary Counsel Eric Tamarkin (through Congressman John Conyers office) who so graciously managed to get that particular Exhibit taken down quickly (clicking on Exhibit A now tells you the document has been removed). Which is why we can now finally write about it at last (we didn’t want to point any more attention to the page until it was actually taken down). Click HERE to see the current Congressional page where Exhibit A is now gone!
FYI – The fines for HIPAA and ERISA violations are $250,000!
Dave’s personal comment: Once again, the NFLPA leadership has been found to be wrong and the retired players have been right!
Walt Roberts
August 26th, 2009 at 4:46 PM #
One tidbit from the trial in San Francisco: When they were selecting the jurors, one young man was asked, “Do you feel that you can be impartial?” His response was, “They’re guilty! They wouldn’t be here if they weren’t guilty!” He was quickly dismissed and removed from the courtroom.
I thought that guy’s response was terrific from the great people of San Francisco. He received applause, but that was quickly shut down by the judge. I spent a great deal of my own money and time as a plaintiff in the case and I have not been offered one single dime. I traveled up and down the peninsula to San Francisco during all of the pre-trial hearings and depositions, as well as the trial itself. We retired players need to stay focused and support Bernie Parrish as well as many of the other groups who seek justice.
Walt Roberts – Plaintiff
Cleveland Browns NFL champs 64 (65 & 66)
New Orleans Saints 1967
Washington Redskins l969 & 1970
Dave Pear
August 27th, 2009 at 8:03 AM #
Walt,
Thank you for all your hard work and support!
I support ALL retired players who stand up for the truth.
At times, our enemies (NFLPA Leadership) may seem to be getting the upper hand (which they have for decades). However, from our limited perspective, we might not see the whole picture at times.
But the winds of change are blowing and we the retired players are right. We will be vindicated if we “stand firm.”
So let’s zealously keep our eyes focused on the prize of justice and the truth.
Yours Truly,
Dave Pear
Bill Gage
August 27th, 2009 at 6:29 PM #
I only have a few minutes to share a thought.
If you guys were members of the Teamsters Union you would have had all of your medical costs covered and your salary or full retirement. I’m not sure who your Players Association is – or was – intending to represent?
Has there been a class action lawsuit brought against the League and/or the “Union”?
Bill Gage
George Visger
August 27th, 2009 at 8:44 PM #
Walt,
I also appreciate your efforts on behalf of ALL retired players and agree, we ALL need to stay focused and not be distracted by the NFLPA’s constant stall tactics. Even non-players are seeing through their poorly veiled attempt to drag this out ’til more of us are either too incapacitated to continue to fight, or die.
What these punk white collars don’t realize is we made our living fighting to survive – whether in the trenches or in the hospitals – putting our bodies back together (ask Dave Pear).
It’s time we all join together, take matters into our own hands much like we did on the field, and right this terrible injustice that has been going on for way too long. Some of you have been carrying this fight for all of us and I offer myself for any position that’s needed, whether it’s carrying towels or busting wedges. As we say in Colorado, “The Strength of the Buff is in the Herd.”
Men, it’s time we ALL come together. There will be no stopping us.
George Visger
San Francisco 80 & 81
Bob Grant
August 28th, 2009 at 1:09 AM #
Over the last year-and-a-half, we have collectively accomplished the following:
1. Finally a victory in Court against the NFLPA resulting in a large award, even though it was not what it should have been;
2. For the very first time, a Summit and Gathering of Independent Retired Players (over 200 attendees);
3, A Retired Player’s website and blog (DavePear.com and FootballSummit.com) that now receive over 300,000 visits and hits per month;
4. We were successful in getting both the U.S. Congress and the NFLPA to remove personal information that they should not have posted on their websites;
5. A new suit is now under way against the NFL and some of its entities on behalf of Retired Players;
6. Under Bernie Parrish’s leadership, yet another suit is being looked at by two law firms on improvement and correction of our Pension and Disability Plan;
7. We said bye-bye to an Executive Director who loudly proclaimed that he did not represent us and was only obligated to the active players;
8. We have established contact and dialogue with a new Executive Director who at least says that he wants to represent us (We will see);
9. We convinced the Commissioner of the NFL that he should at least meet with Retired Players in a few different cities to hear their concerns (After he and a few “important and sympathetic” players said that wives would not be allowed to attend the meetings, we convinced him that they should be and they were);
6. We have developed a direct mailing list that allows us to genuinely reach over 3,500 Retired Players;
7. We now have a few media folks who give us a chance to speak from time to time;
8. We finally got the U.S. Congress to allow some of us to formally appear before them to tell our story.
I think that we accomplished a lot over this last year-and-a-half. We’re now working on the next year-and-a-half and with your support we’ll accomplish even more.
“Justice delayed is not going to be justice denied.”
We are going to win because we are fighting for “Truth” and things that are “Right.” Some of us will die before we win but some of us are going to be here to see it through.
Some of our men are well-off and well-connected and they strut around kissing every IMPORTANT donkey’s rear end that they see. We accomplished what we did without them and we will go on whether they join us or not.
“Am I my brother’s keeper?” Yes, I am and so are you.
Bob Grant
Retired Player Activist
Dave Pear
August 28th, 2009 at 5:16 PM #
RE: Players Inc. Trial
Bernard Paul Parrish, Herbert Anthony Adderley and Walter Roberts III on behalf of themselves and all others similarly situated,
Plaintiffs,
I have heard murmurings that Bernie Parrish and Walt Roberts will NOT be receiving any money from this historical and monumental victory for retired players and their families who were swindled and cheated by Gene Upshaw and the current NFLPA Leadership.
Question:
Will Bernie Parrish and Walt Roberts receive any part of the settlement? And if not, WHY NOT?
Someone: Please respond to this non verbose question.
Sincerely,
Dave & Heidi Pear