An Unanswered Letter
Dec 4, 2009
This was a congratulatory letter sent from the NFLPA on Nov. 10th, 2009 to George Martin upon his selection as Executive Director of the New NFL Alumni. It’s signed by the NFLPA Steering Committee and NFLPA Chapter Presidents. To date, it has remained unanswered.
(As always, click on each thumbnail to enlarge for reading.)
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December 4th, 2009 at 10:07 pm #
[...] An Unanswered Letter – Dave Pear's Official Blog [...]
John Hogan
December 5th, 2009 at 9:48 am #
I certainly cannot speak for George Martin or the Alumni Association. However, I am on the Board of Directors of Fourth and Goal and have spent a lot of time and effort in the past year helping to create the new Alumni organization. Those of you who have been reading this blog for a long time also know that I am Dave’s attorney, and I have assured him that I will continue to do everything that I can to seek justice for him and all other retired players who have suffered at the hands of the NFL disability system. That being said, I just have to comment on this post.
First, George has only been on the job for two months. He is in the process of creating a totally new organization and is busy assembling top notch staff to assist him with the new advocacy role of the Alumni. Yes, Frank Krauser is still on board, running the golf and charity side of the Alumni, presumably so that George can devote all of his time and attention to the new Alumni. He is still working on the legal organization and governance of this group. He only has a transitional Board of Directors in place, and really isn’t in the position yet to be making public policy pronouncements.
Second, I would refer you all to a post I made several months ago when De Smith and members of the NFLPA went to Capitol Hill. I suggested that they get their own house in order before they start complaining to Congress about the NFL. De Smith has been on the job a lot longer than George Martin, and stepped into an existing organization – he did not have to create it from the ground up. More importantly, he has the power and authority to actually effect change to the disability and pension plans. George Martin and the NFL Alumni will only have an advisory role suggesting changes and improvements to both the League and the Union. What has De Smith done for retired players to date? Zip. Nada. While it also takes the agreement of the League to enact any changes to the CBA, if Smith is really trying to help older retired players he could at least be advocating some significant changes. We have read here over the past few months that he was going to have some “take a retired player to lunch” program; and that they were forming a committee on concussions, but I haven’t heard anything about a committee or commission to work on disability reform!
As far as I know, De also has the unilateral authority to name the three NFLPA-appointed members of the Retirement Board (who consider disability appeals). While Tom Condon, Jeff Van Note and Dave Duerson might always do their best to try to have retired players’ claims granted, it seems to me that they have long participated in a disability process that routinely ignores federal ERISA regulations and operates in violation of the Plan’s fiduciary duty to players. Appointing one or more new guys to the Board might serve as, at least, a symbolic act of the need for change. But De also still has all the guys from the PA who screwed you all in the GLAs in place.
Perhaps more important in the role of the disability plan is that the Groom Law Group still serves as counsel for the Bert Bell/Pete Rozelle NFL Retirement Plan. They wrote the Plan, and they are actively involved in the processing of disability claims both at the initial level and the appeal to the full Board. (While all insurance companies and large employers with disability plans have many attorneys, I have never seen the general counsel actively participating in the administrative adjudication levels of disability claims.) While conflicts of interest aren’t anything new to all things football related, I think it is a tremendous conflict of interest for the Plan Counsel to participate in the administration of disability adjudication where they- like the Board- owe a fiduciary duty of loyalty and care to the player. And then, if the claim is denied and further appeal is taken to the U.S. District Courts, they also continue to defend the Plan. (Attorneys are ethically bound to avoid even the appearance of impropriety. If the Groom Group advises the Board that a case should be denied, it certainly appears inappropriate if their firm will then be in the position to make more money by defending the claim in court.)The reason that I bring all of this up is that it appears to me that the Groom Law Group may have stronger ties to the Union (the natural ally and erstwhile advocate for retired players seeking disability) than they do to the League itself. The NFLPA is listed as a representative client on the Groom’s web-site. They wrote the Union’s NFLPA White Paper to Congress in 2007 that besmirched Dave and other disabled retired players. (Note: it wasn’t the NFL that submitted it – it was the Union.) While this happened before De Smith was in the picture, I see no evidence of any actions that he has taken to correct ANY of Gene’s transgressions.) (You have belittled George Martin for his kind words about Upshaw at the time of his death – hell, De Smith has named the Union’s headquarters Gene Upshaw Plaza!!!)
I’m certainly not anti-union. Like the rest of you who participate in this blog, I am pro-retired player. And I’m big on the truth.
Last, I see that this letter was posted by Bob Grant who is quite proud to tout himself as the Independent retired player advocate. However, it seems to me that as Bob is not beholden to the League, and certainly not the Alumni. He recently indicated that he is no longer a member of the Union. So where does he get this confidential information about a lack of response to the Union’s letter; and the information about funding of the Alumni? (BTW, I also can’t speak for the League, and I do not know if or why they haven’t made a contribution to the PAT, but as is often touted here, they have deep pockets and it is laughable to think that they had to divert funds from one program to loan money to the Alumni.) dThe obvious and inescapable conclusion is that Bob is being fed information (not to mention rumor an innuendo) from someone at or on behalf of the Union.
I can say this for certain – NONE of us from Fourth and Goal involved in the creation of the new Alumni Association have done it with any intention of weakening the Union. Prior to George Martin’s hiring, everything we have discussed with the League regarding retired player advocacy has also been discussed verbally, and in writing with the Union. They are the ones who haven’t responded to the call for meaningful advocacy for retired players.
John Hogan
Retired Player Advocate
Dave Pear’s Disability Attorney
Fourth and Goal Board Member
Robbie Jones
December 5th, 2009 at 1:05 pm #
Maybe there should be a grand confab of some sort attended by the leaders and one other person from each stakeholder pension and disability improvement advocacy group, with or without the NFLPA. Attempt to find the things that you do agree upon and devise a joint and prioritized strategy for pursuing those items. Everything else you can agree to disagree upon. You leaders already have a head start on two items—IMPROVED PENSION AND DISABILITY BENEFITS. Or, in the alternative, just keep sniping at each other, implode and fail. History proves the point.
Robbie Jones
New York Giants
1984 – 1987
Bob Grant
December 6th, 2009 at 3:19 pm #
I am going to continue presenting FACTS no matter where the road leads. Facts, Facts, Facts. That’s the ticket for us boys, and if the NFL, the NFLPA, the Alumni, some Lawyers, some Reporters or some other players don’t agree with me, I don’t really care. TRUTH is my defense. Still, I will be more than happy to admit that I’ve made a mistake or mis-spoken if the facts as I have presented them are ever shown to be false.
Bob Grant
Independent Retired Player Activist-Advocate
Robbie Jones
December 7th, 2009 at 4:49 am #
Seems to me that this is a good start (i.e, “the letter”) by NFLPA. At least there is a place where all of their ideas are on paper. Others may agree or disagree with their motives, prioritization and/or applicability to retired players, but the Union seems to have put something out there that can be the basis for a real dialogue and for the identification of those items to agree or disagree upon.
KEEP YOUR EYES ON THE PRIZE. Thank you.
Robbie Jones
New York Giants
1984 – 1987