Valerie Thomas Answers Bob Grant’s Questions
In our last post – Valerie Thomas: Life Under Upshaw – former NFLPA Research Analyst and Paralegal Valerie Thomas discussed her years of abuse and violation of her employee’s rights under the heavy hand of departed Executive Director Gene Upshaw and his inner circle. Bob Grant had posted several questions to her in the comments section about the toll from her long battle with the NFLPA and how it has affected her and her family over the years. This is Part 2 of Valerie Thomas’ story.
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We hope your legal team is reading this blog, Mr. Smith. You owe Valerie Thomas big time!
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Bob’s Questions:
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How have actions taken against you affected your pension?
- NFLPA management has refused to honor the arbitrator’s decision for reinstatement with seniority – 1983 until 2003 – and I should still be employed in 2010 with back pay with interest and penalties, pension, medical benefits, insurance, 401k contributions, etc. and promotions into management;
- In 2003, I was fired three (3) months before I earned 20 years, therefore I am not fully vested; I was vested for 1983-1988, the NFLPA refused to honor my seniority and my employment years from 1997-2003 and through 2010;
- I cannot access my pension without paying a penalty;
- I cannot borrow against my pension because I cannot pay it back and would therefore have to pay a penalty. I cannot provide financing for my college-bound child this year – an upcoming freshman.
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How has your defending yourself against the NFLPA affected you in your ability to secure employment in the years since they started forcing you out?
- I have been blackballed in the sports and union industries;
- The NFLPA fired me for “excessive and unexcused absences” and then lied about it;
- I am required to discuss the circumstances around being fired from such a prestigious job – including the still painful loss of my mother and divulgence of personal information;
- I am totally devastated. It is very difficult to secure employment at a certain age level and professional pay grades, especially in this depressed economy with a negative work history. My job performance has NEVER been at issue;
- The NFLPA denied me unemployment which affected my health and welfare;
- I have a litigious background in defending my employment and work record;
- Because of sudden and unexpected loss of income; no unemployment and no positive references I could not meet my financial obligations and have credit deficiencies;
- I have negative credit report ratings as I am unable to honor established pay schedules;
- Good credit ratings and disclosure of financial statements for background investigations are a requirement for most jobs;
- I am still a party to litigation in US District Court, District of Columbia and am required to disclose this information to all potential employees and creditors.
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Did you sign one of those agreements that Mary Moran, Gene Upshaw, Richard Berthelsen and Doug Allen tried to force you and all of the other employees to sign, as Mary Moran and her lawyers have now gotten the Judge in her pending case to declare “Over reaching?” (How can Moran now say that an agreement that she tried to force you to sign is pretty much illegal now?)
- I did not sign the NFLPA’s “contracts.” I have pending litigation that would have been abolished. I would have forfeited and not received my pension, seniority rights, back pay and retirement rights. I was not being treated like all other employees;
- The NFLPA required existing employees to sign the agreements or else. At-will employees virtually had no choice but to sign or be fired and support staff did not have the opportunity to adequately review the documents against the CBA before NFLPA management required signatures. There were several provisions that threatened livelihoods of employees who had other income, etc. Several obfuscations required discussion and clarity before accepting the “contract”;
- As indicated by the Judge in Moran vs. NFLPA, the non-disclosure and confidentiality agreement was far reaching and unenforceable. Moran was the main person who approached and sent written correspondence to all employees to sign the manual and she also claimed to have been an author of the policies with the benefit of outside legal counsel;
- I initiated an outside federal agency (EEOC) investigation and the NFLPA attempted to take over jurisdiction without consent. They threatened to serve me a subpoena if I did not submit information that I had provided to EEOC about their business practices. As in the Moran case, the NFLPA also tried to interfere against public policy (Labor Department). The NFLPA was being investigated and had no such entitlement.
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Did Gene Upshaw, Richard Berthelsen, Doug Allen or any of their associates ever try to intimidate or frighten you after your short return?
- On the first day of my reinstatement in 1999, Upshaw told me that he didn’t know how I was going to work at the NFLPA after being absent for 11 years. He also sent a memo to the entire staff. The following day I received a nasty letter from NFLPA outside counsel Yablonski that misrepresented the meeting, my intentions and contained threats if I did not comply. Specifically, I was told that I did not work for the NFL players. My offense: During the meeting I told Upshaw that I would do the best job that I could to provide excellent services to the NFLPA constituency- the players;
- Before my reinstatement I was a topic of discussion with the bargaining unit in anticipation of my return (by court order);
- NFLPA management and its legal representatives used the legal system and its unlimited financial ability to discourage, harass, intimidate, and retaliate against me;
- Doug Allen, Mary Moran and Bill Garner were the NFLPA chief negotiators of the CBA with the bargaining unit members of Local 2 OPEIU. They used contract negotiations to exclude and deny me benefits while trying to force the support staff members to turn against me. They created a hostile work environment. The union members supported me by refusing to accept pay raises until I received full consideration for approximately 7 months. I did not receive the raise while a probationary employee – against policy – did receive the raise;
- I was told and confronted by Berthelsen that I was under tight scrutiny – video camera surveillance. I would not talk to my legal counsel on the NFLPA telephones or on my cell phone in the office. I waited until my breaks. I was treated like a criminal on lock down;
- I was sequestrated from the Legal Department; not included in daily office work; no telephone communications; not connected to the same computer network and did not receive the same global correspondences as all other employees. My role was then exploited in arbitration by Berthelsen to validate my termination and FMLA benefits. I was told that I was an essential employee although it took me two years and a lawsuit (still pending) to get access to my job;
- Employees were told not to communicate with me or they risked losing their jobs;
- I was required to walk between floors with no provisions to accommodate my access – no one to offer me access to the elevator or the office doors. I had two small children ages 2 and 4 and had recent major surgery and other health challenges (documented knee and back medical issues);
- I did not have keys. I asked for them and was denied. NFLPA responded in September 2000; I filed a lawsuit in October 2000; Berthelsen wrote his declaration on November 13, 2000 and I still didn’t get keys until November 29, 2000 (and no garage keys);
- The NFLPA sued the Arbitrator in DC Superior Court and in effect intimidated and made a mockery of the administrative and judicial systems;
- My EEOC complaint was not at issue in the 2003 arbitration hearing although NFLPA outside counsel declared such to EEOC and US District Court, District of Columbia. The NFLPA management has obstructed justice and abused the legal process.
The NFLPA also required me to submit medical records to Mary Moran, Richard Berthelsen and Attorney Chip Yablonski contrary to medical privacy laws. In the 2003 arbitration hearing, Berthelsen, as my supervisor and NFLPA General Counsel, stated that he was entitled to view my medical records in the same manner as his access to NFL player medical records. Nothing can be further from the truth and this will continue unless challenged.
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I worked for an organization that had no conscience in the manner that it did business. Deliberate mental, physical and emotional attacks by the NFLPA against me in order to accommodate a warped agenda were undeserved. There was no concern for the delays, denials and required rigors of years of litigation imposed on me and my family. There was no concern for the NFL membership in the amount of money they spent to discourage and destroy my employment. They continually paid their attorneys to lose while attempting to lessen the association’s liabilities and obligations.
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There was no concern for the rights of religious passage that my mother, my father, and my family deserved. NFLPA management only turned up the initiative with total disregard for the rights of others under the protection of Labor, Employment and Civil Rights laws.
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There was no concern for documented medical emergencies; no respect for my medical privacy; and no respect for administrative and legal professionals who protected my health, welfare and legal rights. The NFLPA only wanted to raise issues to exploit and condemn. And they sought out weakness to drive their deadly sword into an already open wound. The interesting thing is that I too have a sword. My Bible levels the playing field every time.
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This same organization is responsible for a lack of compassion, empathy, moral, ethical and legal obligations to the people who supported it. Young impressionable men and women have been students of people who have shown them how to conduct business. It’s a shame that for the past two to three decades some employees might believe the treatment that I received was the norm and acceptable.
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I am not naïve; I knew that there would be some adversity upon my return to the NFLPA. I was up to the challenge. But I was taken aback that this professional organization would resort to illegal means and measures to achieve their desired victory. “Just Win, Baby,” “If you ain’t cheatin’ you ain’t winnin’” and so forth. Is this the new look of corporate unionism? I hope not.
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Thank you Bob!
Valerie Thomas
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