Dave Pear's Blog

On January 13, 2012, I called the NFLPA office to inquire about the Legacy benefit. I was instructed to call Cynthia Timpson at the Bert Bell/Pete Rozelle office to discuss the matter. My late husband was a pre-93 player, and from my understanding the 2012 CBA agreement states, “All players who vested under the Bert Bell/Pete Rozell NFL Retirement Plan prior to 1993 would get an increase.” I anticipated her return call and was unprepared for her disrespectful remarks. I have never been so disappointed in the treatment I received that day; however, it should not have surprised me since that seemed to be the status quo whenever I have called seeking information from any of the NFL-related offices.
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EDITOR’S NOTE: We just received this today from retired player John Griffin. We hope someone will review and provide comments on this set of documents. You can find suggested Addendum wording to add to your signed documents on an earlier post – click HERE.
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Here is a copy of the second packet I received for the distribution of the Legacy Fund. I’ve whited out our personal information but thought you might post this and have someone look at it before we sign and return.
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I did not send in that addendum with my first letter but I will when I return this document. I would certainly appreciate it if someone could comment before we return it.
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Please let me know what you think.
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John Griffin
LA Rams and Denver Broncos
1963 – 1967
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We uploaded full copy of the cover letter and paperwork to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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Second Legacy Letter & Documents
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EDITOR’S NOTE: Dave has been talking with Bette Schwager over the past few weeks about her treatment (or mistreatment) at the hands of the NFLPA and the Players Assistance Trust (PAT). We asked her to write the story in her own words so that our readers can understand just a little of the senseless treatment she and her family have been put through by the NFLPA and their so-called assistance programs this past year. Bette’s husband, Bruce, had played football at the Merchant Marine Academy before being drafted by the Chicago Cardinals in 1955. The Cardinals refused to take him off their reserve list even as he went in to service with the Navy from 1956 – 1958. So Bruce became another one of the pre-’93 players (pre-’72!) who was actually on the roster and vested with enough years but never granted vesting. You can read the full story from Alan Schwarz in his June 2011 New York Times article – click HERE. We’ve also posted a copy of the 2-page Release Letter that the NFLPA tried to get Bette to sign after Bruce passed away before he was to be evicted from his dementia care facility because the NFLPA stopped paying his bill. After you read Bette’s story and the Release Letter, you’ll understand why we’ve been cautioning everyone to be extremely careful of signing anything from these people without close scrutiny and advice. continue reading »

EDITOR’S NOTE: Another exchange that Bob Kuechenberg recently had with your NFLPA representatives who are still asking what’s important to retired players. (?!!) The only three things that matter to retired football players have always been – and will always continue to be – real access to THEIR EARNED:
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• Disability Benefits
• Pension Benefits
• Medical after football
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Some of you may also recall several chapter presidents resigned in recent years in protest after being told what they could and could not talk about at chapter meetings
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EDITOR’S NOTE: The Annual Hall of Fame ceremonies were held in Canton Ohio this last weekend. Joe DeLamielleure was among the Hall of Famers in attendance along with several other players who are part of the Eller Class Action suit (including Carl and Paul Krause. A surprise guest showed up – Joe D. provides some notes on the event:
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This dinner is always strictly for Hall of Fame players and the new inductees only. So most of us were wondering – some loudly – Who invited Smith?
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When De Smith walked into the room to speak, around 12 of the guys actually walked out.
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When Smith spoke, it was obvious that he had no idea that this audience consisted mostly of pre-1993 players.
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An informal count indicated there were at least 40 Hall of Fame players who were each receiving less than $200 a month ($176) in pensions and Smith was asked what their increases would be in the new CBA. Smith said that their pensions would increase to $1,000 to $1,500.
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Paul Krause and Carl Eller asked about pension increases for retired players and never received a straight answer.
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Carl Eller also asked if retired players could represent themselves and Smith answered, “I would not be opposed to that” in front of the group.
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Renowned sports writer, Peter King, recently wrote on SportsIllustrated.com that “an additional $1 billion over 10 years will be spent on retirees, many of whom have horrible pensions (Hall of Famer Leroy Kelly gets $176 a month) and lingering health issues. Some retiree’s don’t think Smith has done enough and they think the league was more aggressive in finishing this program than the NFLPA.” Mr. King then concluded in the next paragraph that he believed, “Smith did what he said he would do.” (Click HERE to read King’s article from Sports Illustrated.)
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In 1982, when a group of courageous players challenged the incompetence and disingenuous rhetoric of the NFLPA and won a forced settlement of that labor dispute, it proved, when faced with the TRUTH, (from the players and a hard working accurate press and media), that the union and the NFL cannot fade the heat when they are exposed!
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But when that truth of what REALLY HAPPENED is smothered and a Clintonesque spin is spun (by PR firms, the press and the media) so the game can begin again, everything is NOT right with the game.
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But that’s okay, let’s play football...
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To Any And Everyone Who Cares About NFL Players Who Built The AFL/NFL
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My name is Glendora Wright and I am the Primary Caregiver of Gordon Arnold Wright. In March 2005, Gordon started to lose his memory. He had a brain scan and the Neurologist said he had visible evidence of scar tissue in the Brain and that there were four distinct areas where there was bleeding and then healing. I informed him that Gordon had been in the NFL as an Offensive Guard from 1967 through 1971 in the capacity as a National Football Player. The Neurologist told me that Gordon needed treatment at that time and that I should apply for Total Disability!
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The Hospital released Gordon Arnold Wright into my care with medical documentation saying he was Totally Disabled. I then spent a solid year caring for Gordon with no financial support from anyone. I was told I had to wait 24 months to receive Medicare on his behalf. I applied for Social Security and was denied because Gordon had worked for the United States Railroad for eleven years of his work life. The Railroad gave Gordon his full disability one year after I applied and took Gordon to all the Doctor Appointments they scheduled for Him. I applied with the NFL to help Gordon and I have been denied in every application for a vested Pension & Disability from 2005 through 2010. I put in an application on his behalf every year and I was denied every time.
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I am 52 years old and Gordon is 67 years old. I am tired and worn out trying to care for Gordon by myself.
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I have not had a vacation in 10 Years because I cannot leave Gordon alone.

• He asks me the same question three times in less than 30 minutes.
• If you tell him to repeat what you say to him he cannot do it.
• If he puts a book down he cannot remember where he left it.
• He has started to get verbally abusive because he misplaces things and accuses me of doing it.
• I Love Gordon and I would not do anything to hurt him!
• I bathe him. I braid his Hair. I help him get dressed. I give him manicures and pedicures. I massage him every day because he is in physical pain constantly. Every three hours he asks for pain medicine. I feed him mostly soups in order for his bowels to move. The pain medications slow his digestive system so he has to take laxatives three times per day.

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The recent quote made by DeMaurice Smith regarding NFL Legend, John Mackey, was – and is – consistent with his continuous disingenuous statements over the past two years. It is beyond disheartening. Based upon his conduct he should have remained silent and let someone else deliver the deserved tribute.
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On March 4, 2011, NFLPA Executive Director DeMaurice Smith said that he and his colleagues owe a fiduciary relationship to “protect the players who played, play and will play” professional football. Yet Mr. Smith has kept personnel who were part of the regime that a judge and jury found to have breached that “fiduciary duty.” Furthermore, Mr. Smith has sided with sports agents like Tom Condon. Condon once served as Gene Upshaw’s attorney; he also sat on the disability board for many years with countless conflicts of interest. Notwithstanding, Condon currently advises many of the current NFL players sitting in positions of leadership. The Roman poet Phaedrus warned: “Things are not always what they seem; the first appearance deceives many; the intelligence of a few perceives what has been carefully hidden.” Retired players, in the face of an oblivious majority, have perceived insincerity in Smith’s positions and statements. By siding with the likes of Condon and the duty-breachers, Smith has alienated himself and his leadership from the best interests of both current and retired NFL players. Smith backs the principle of rewarding the agents and their unproven clients. Meanwhile, Smith has effectively ignored the veterans and retired players who have proven their mettle on and off the field.
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Smith damns himself with his own words: In a speech at the University of Maryland on May 19, 2011, he stated, “To anybody who thinks for one minute that passion is something that is cheap and futile, I have two words for them: You suck! And for anybody who would ever think that it is the wrong thing to do to care so much that you’re willing to risk everything because it is right, reserve those two words for them.” However, Mr. Smith has revealed in past statements that Upshaw provided him a “blacklist” of former players who have spoken out against the union leadership’s conduct. In a March 4, 2010 letter, Smith wrote, “I am blessed because Gene [Upshaw] left me a detailed history of those who stood for what was right. He also left me a wealth of information detailing the efforts of those who fought and will fight against our players.” Even a child can see the hypocrisy of Smith’s rhetoric, which has now become pathetic.
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Players asserting displeasure have been “blackballed” by NFL Players Inc. — just ask retired players’ advocate and Hall of Famer Joe DeLamielleure. They are not included in endorsement opportunities, autograph sessions, etc. Players who participated in the strikes of 1968, 1974, 1982 and 1987 did not blindly follow the union. There were many critics then and now. In response to Smith’s blackballing, “those who fought” should quote Mr. Smith’s “two words” right back to his face.
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Mr. Smith has swept under the rug a $28 million judgment against his predecessors’ leadership for breaches of contract and fiduciary duty, $21 million of which was punitive. Yet Smith, who approved the settlement agreement on damages, has rewarded these duty-breachers instead of giving them pink slips. Last year, prominent attorney John V. Hogan wrote to Smith on behalf of several retired players requesting the resignation of Dick Berthelsen, (their key witness during this notorious lawsuit). Mr. Smith never responded. Berthelsen still works with Smith. Phaedrus is right, again!
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The past and current leadership has been sinfully overpaid for years. If those monies were reduced and/or disallowed, there would be plenty of money available to match the owners’ dollar-for-dollar offer for the “Legacy Fund.” The $2,000-per-month proposed increase for pre-1993 retired players is clearly insufficient, but Smith will undoubtedly act as if he has passed landmark legislation if such a low sum is settled for when a new CBA is reached.
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The NFLPA and the marketing company were not created to make their leadership wealthy. But in the probate case of the Gene Upshaw Estate, the Washington Post’s Tom Jackman discovered that Upshaw had siphoned out of the marketing company/NFLPA close to $15 million in deferred compensation (with the apparent approval of Dick Berthelsen). How much did Upshaw really get and where is it now? In an article by reporter Lauren Horwitch, it was revealed that three months after the $28 million judgment lawsuit was filed, Doug Allen’s gross pay increased from $446,281 in 2005-06 to $1.9 million in 2006-07. Allen’s wife saw her pay double to $633,534. Allen’s boss Upshaw had his income increased to $6.7 million. Ms. Horwitch’s investigation further revealed that the marketing company founded and headed by Allen and Upshaw (and now Mr. Smith) is owned in part by the NFLPA. In part?! It is supposed to be owned entirely by the union membership with zero individual ownership.
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A conflict of interest is staring everyone in the face. Where do these leaders come off owning anything if they were – and are – acting on behalf of the players? The books of the marketing company need to be opened now! Even Drew Brees and agent Tom Condon should know that. Mssrs. Brees and Condon: Would you allow money generated for a charitable organization to be used to increase the wealth of those operating the charity?
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Retired players were hopeful when Smith took the job of NFLPA Executive Director. They hoped that a former Assistant United States Attorney (who promised a due diligence of the union) would see the obvious and not become part of the obvious. These hopes have been dashed. After completing their due diligence and realizing how their intelligence has been continuously insulted, current and retired players, the media and the public will find themselves standing together. As Billy Joe DuPree says in his book The Unbroken Line: “All members should join together equal in standing, equal in vision with one purpose and one voice to achieve one goal. We must be an unbroken line.”
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The lawsuit filed by Carl Eller et al was a necessary first step to achieve the basic needs of retired players which historically and continuously have been and are being ignored by a consciously indifferent union (now trade organization) leadership. Smith and his cronies know it. What happened to the “ONE TEAM” game plan Mr. Smith? This suit, if successful, could significantly help retired players in need. However, as it relates to the need of cleaning up the structure of a one dimensional leadership whose main goal is their own personal wealth it is merely a band-aid, when what is needed is reconstructive surgery. Meanwhile, the lawyers will get richer and the hoodwinked players will be left behind. Even if a new CBA is achieved the carnage and legal corruption will remain unless challenged. Why turn a deaf ear and blind eye to all these acts of conscious indifference, atrocious conduct, financial enrichment and disingenuous rhetoric?
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There is a noisome odor of distrust and greed coming from this cabal of “leaders,” as there was in 1982 and 1987, but Mr. Smith refuses to pull the clothespin off his nose. There is indeed a fiduciary duty, Mr. Smith, to “protect the players who played, play and will play” professional football. If this is just more cynical claptrap, we have “two words” to send your way.
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Joe DeLamielleure-HOF
Elvin Bethea-HOF
Leroy Kelly-HOF
Lem Barney-HOF
Reggie McKenzie
Billy Joe DuPree
Fred Dean
Art Still
Isaac Curtis
Jim Breech
Jeff Yeates
Chuck Ramsey
Dermontti Dawson
Dave Pear SuperBowl XV
John V. Hogan
Spencer Kopf
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Spencer Kopf is a criminal defense attorney practicing in Dallas TX and co-author of The Unbroken Line with Billy Joe Dupree.
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Dear Mr. Goodell and Mr. Smith:

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Larry Kaminski finally home again

I’ve just returned from California where I filed my Workers Comp complaint against the Denver Broncos. Needless to say, they’re quickly filing to fight my claims. It was interesting that the NFL Management Council – I had no idea they had any say in making these decisions – just sent me a note saying I’m too old! The statue of limitations has run out. No help there.

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More Mr Smith Goes to Washington

Sports analyst, Evan Weiner, wrote a very detailed look at the current NFLPA/NFL situation in the newly-changed post-election landscape in Washington, DC. Should DeMaurice Smith have acted sooner when he had more friends in Congress? Will his efforts now be met with a cold reception with a new House? And why didn’t he take advantage of his friends and allies when he had a bigger advantage earlier?

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EDITOR’S NOTE: Gordon Wright played for four seasons: 1967 – 1968 for the Philadelphia Eagles and then 1969 – 1971 for the New York Jets. Like most retired players, Gordon’s been trying to access his full disability and pension benefits for years now and it’s finally reached the courts.

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EDITOR’S NOTE: One more valuable voice in the fight for retired football players: Dr. Johnny Benjamin is a well-respected and accomplished orthopedic surgeon with a lot of experience in professional sports. But he’s not a retired player! (As a few people still keep trying to use as an excuse!) So it must be the reason he also doesn’t get any respect or response from anyone inside the NFLPA OR the NFL...

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Gentlemen of the NFLPA

(Messrs. DeMaurice Smith, Andre Collins and Nolan Harrison III),

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From retired Bengal & Buccaneer Tony Davis: Nolan Harrison III is “Senior Director of Former Player Services” who recently commented on a post by Dave Pear on Dave’s Blog. (Click HERE to read Nolan’s original remarks to Dave.) I also have some questions I would like Nolan to answer.

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