Congressional Oversight – NFL and NFLPA
Valerie Thomas
NFL Players are hired to be fired. When they enter the NFL they’re healthy enough to pass a physical but after performing for their employers and sustaining injuries, they become unhealthy, unable to pass physicals and are eventually cut, fired or forced to retire.
AAA
Each season, there are more than 50 Active players on each of 32 NFL teams (a total of 1600 players) with approximately 704 starting lineup players per week (22 players – offense and defense). Each week, during the NFL season, more than one player will leave the field due to a severe injury. Fans are usually not aware of the seriousness of players’ injuries until the following week’s pre-game hype. The media reports probabilities about participation and make predictions about winning teams.
AAA
There have been many career-ending injuries but no documentation, in part, because a player cannot be cut before adequate rehabilitation by the team.
AAA
When players experience injuries, they are generally replaced in the line-up and, rehabilitated but players who can no longer perform to the norm are doomed. After their “careers,” they can become uninsurable due to pre-existing conditions.
AAA
A career-ending injury is tantamount to a player riding on a carousel that speeds up with every revolution and does not stop to let him exit. The pain doesn’t slow down, the burdens get greater with age and the ability to cope can ruin families and become life-threatening. Ex- and Retired players have experienced delays in qualifying for help, been ineligible to receive and systematically denied benefits.
AAA
Injury Studies
For years there have been: injury studies, but for limited research results; proposed studies with no beginning and no end; and, completed studies but limited in scope. There have been denials of the severity of problems while more and more players report health difficulties. Overall, rhetoric has been the predecessor to empty promises and not enough positive results. Players’ injury cases are unfolding before us, yet studies are tentative. And, the conclusion is that more studies are needed because current studies are provisional.
AAA
Congressional Oversight
Congressional hearings were held in recent years and NFL retired players were given the opportunity to discuss concerns about disability and pension benefits. The NFL/NFLPA arbitration process regarding impartiality has been discussed in the past and also needs further review.
AAA
During the hearings, representatives from the NFL and NFLPA both claimed to be on top of the issues. After the hearings, Congress issued the CRS report. In April 2008, Peter Keating of ESPN The Magazine wrote a piece on the previous Congressional hearings (Read that article by clicking HERE).
AAA
The depth of the damage to active and retired players bears witness and it is the responsibility of the NFL and NFLPA to take the initiative without oversight. Unfortunately, at this time in October 2009, oversight is still a necessity and the same issues need solutions.
AAA
“This week, the chairman of the House Judiciary Committee, Michigan Democrat John Conyers will hold hearings about head injuries among NFL players. This topic is widespread, and is an increasing problem affecting youth and adults who participate in sports.” Fortunately, NFL Retired players have been provided with another opportunity to highlight the urgency for reform. Let’s not repeat the cycle and hope for the best – a solution.
AAA
Important Issues for NFL Retired Players
In order to avoid further delays in helping NFL retired players, the following issues must be considered by the Judiciary Committee:
- Whether the NFL and/or the NFLPA should be required to document all injuries?
- Whether the NFL and/or the NFLPA should be required to document career-ending injuries?
- Whether the NFL and/or the NFLPA should be required to document all career-ending injuries?
- Whether the NFL should be required to catalogue all injuries and frequencies? (Staph infections, swine flu, concussions, knee, leg, etc.)
- Whether the NFL and/or the NFLPA are responsible for the health and welfare of active, ex and retired players?
- Whether the NFL and NFLPA should have full-time medical doctors on staff, not just team doctors?
- Whether the DOL should monitor (OSHA) health and safety issues for compliance and non-discrimination?
- Whether the NFL and/or NFLPA have documented the number of ex-players as well as retired (vested) players?
- Whether the NFL represents retired players (NFL Alumni (NFLA), Alliance)?
- Whether the NFLPA represents retired players?
- Whether retired players are members of the NFLPA as designated by the NFLPA Constitution and By Laws?
- Whether retired players are members of the NFLPA as designated by the LM2 financial reports at the Department of Labor?
- Whether it is against the NLRB to represent retired players?
- Whether, as certified by the NLRB, the NFLPA cannot represent retired players?
- Whether the NFLPA or NFLA represents retired players in CBA negotiations?
- What issues for retired players are included in the CBA? How many players are eligible for benefits? And, what benefits?
- What issues are negotiable for retired players in the Collective Bargaining Agreement?
- What new and/or amended issues can be proposed in collective bargaining?
- Whether all parties will produce a list of player concerns (poll) and provide avenues for free or affordable assistance?
- Whether agendas and their motivations are for just for the sake of public relations management? And, whether there really is a solution?
AAA
Submitted by Valerie J. Thomas Independent NFL Retired Player Activist Former NFLPA Research Analyst and ParalegalCopyright © 2009 Valerie Thomas
AAA
Dave Pear
October 26th, 2009 at 2:19 pm #
The first day a rookie sets foot onto NFL football property, the league starts to make a file on him. The league knows that the average career for a player is less than 3 1/2 years.
However, when a player becomes injured and can no longer play or his level of play has dropped off because of his injuries or age, then the game turns against the player.
NOTE: There’s a small percentage of retired players – maybe 5% – that the league likes to showcase to convince the public how well it treats its retired players while the other 95% become their enemies.
When a disabled player applies for disability, in 90% or more of the cases, the NFL orthopedic surgeon writes “sedentary” as the type of work the disabled player is able to perform. This doctor is not qualified to make employment decisions but the NFL has the power to make up their own rules. Any vocational aspects of the NFL disability plan are totally missing!
The Groom Law Group created this debacle which denies the injured player and his family access to their benefits. And the NFLPA Leadership continues to pay the Groom Law Group millions and millions of dollars a year to perpetrate this Ponzi scheme.
The NFL Leadership under the direction of De Smith would make a great first step by firing the Groom Law Group.
Now, factor in concussions and head injuries. The League is once again hiring unqualified orthopedic surgeons who are not trained brain doctors (or even educated here in the United States in some cases) to conduct studies to find out if getting hit in the head really hard for many years will cause head injuries (!). Everyone else seems to know the answer except the NFL.
The Retirement Board is another scandal with 3 retired players and 3 NFL management members and the Commissioner acting as the Chairman.
Oh, and the Commissioner isn’t sure if he’s the Chairman by his answer at his meeting in Dallas when asked if he was the Chairman by Conrad Dobler.
Tom Condon (super agent) as a long-term disability board member is a clear conflict of interest. Many of us wonder which of the few retired players he helps to approve are actually clients of his? Dave Duerson, an NFLPA Board member who has had failed business ventures and been convicted of domestic violence, isn’t qualified to manage himself or his family so how can he make decisions for others? Jeff Van Note who works for the Atlanta Falcons is also a board member; this is another clear conflict of interest.
Then there are the three NFL owners or representatives who always deny the claim for no valid reason.
The current disability system in the NFL is a complete debacle and needs to start over from the bottom up. It is so broken it CANNOT be fixed! How do you repair a house built on sand that’s falling apart?
The pensions need to at least match Major League Baseball (MLB).
Until the pensions/disability plan is brought up to these standards, the problems for retired players will continue!
All the new programs created by the Commissioner are gibberish and are only intended to mislead Congress. They are ALL virtually worthless! I know because I’ve tried to access them and they are preposterous.
Sincerely,
Dave & Heidi Pear
Kathy Smith
October 26th, 2009 at 8:53 pm #
Hi Valerie,
Hope all is well with you. This is a great summary. It provides us with some additional avenues for consideration.
Kathy Smith
Gregg Bingham
October 27th, 2009 at 11:18 pm #
Dave -
You have an undying zeal to right a big wrong! I commend you for what you’re doing and hope you never quit. You never did as a player and I don’t think you will now. In time, so many of us will owe you for all your efforts. Go get ‘em, Dave!
Gregg Bingham
Houston Oilers
1973 – 1984