Dave Pear's Blog

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Posturing has already started between the two sides in the upcoming NFL labor dispute. Although it’s still in the pre-game warm-up stage, reading between the lines and newspaper quotes shows both sides expect – or are at least positioning – for a lockout.

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The centerpiece of the battle is the percentage of revenue sharing. The real issue is not the percentage but the true gross number on which the percentage is based. It has long been whispered that the greatest untold story in sports is what NFL owners actually make, as compared to what they report. Monies paid to themselves, family members and subsidiary companies through those huge consulting fees and offshore money transfers to lower the bottom line first, thus lowering the players’ claim to their cut of the pie. And now the owners also want the players to take more money off the top to cover costs for stadiums. Is that like General Motors asking the UAW to help them finance a new car factory while also taking a pay cut?

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We were all excited when the NFL finally got rid of Ira “Dr. No” Casson as Co-Chair of the NFL’s “Mild” Traumatic Brain Injury Committee. What surprised us was the selection of Dr. Richard Ellenbogen as co-chair of the newly-named NFL Head, Neck and Spine Committee. Dr. Ellenbogen hails from Harborview Medical Center in Seattle as chief of neurological surgery and has been very proactive at the state level in legislation regarding concussions in youth athletics.

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George Visger was the perfect poster-boy for NFL brain concussions to contact Dr. Ellenbogen: Incredibly intelligent, well-spoken and very vocal as a perfect spokesman on the long-term damage from severe brain concussions that resulted directly from his career in professional football. George has been relentlessly involved with a two-pronged approach to the NFL’s concussion problem: The NFL needs to be held to the same standard as any employer in America when it comes to taking care of its injured employees – both active and retired – and clear rules need to be put in place to ensure worker safety both on and off the field. Last month, George proposed a detailed set of rules that address the most important issue facing the NFL, the NFLPA and its employees. The proposed rules were the result of collaboration among a group of retired players who worked with George to develop some guidelines that have been long overdue. We think they make a lot of sense and it covers ALL players with a common sense approach that only players with first-hand experience could develop.

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On a side note before we present the Visger Rules, we had sent a proposal to DeMaurice Smith several months back as the Amen Clinic trials was closing to see if the NFLPA would be interested in funding brain scans for active players BEFORE and AFTER they started their careers, as well as brain scans for all retired players. After seeing the need to continue helping the retired football players, Dr. Amen had graciously offered an incredibly discounted rate for any and all players sent to any of his clinics. Our proposal was simple: ALL active players would have a SPECT scan before starting their careers as well as when they retired; and ALL retired players would be allowed a brain scan as a new benefit. The cost would have been relatively minimal (considering all the money we see wasted every year as disclosed in the annual LM-2 filings) but the impact and effect would be invaluable to each and every player for a lifetime. George’s proposal goes even further: Each active player would also be required to have annual brain scans as an integral part of their mandatory checkup regimen. With the medical technology available today, each player and the Union could easily be provided with up-to-the-minute information on their entire physical condition that’s complete and accurate to help prevent further injuries. We felt that the proposal was the right thing to do and very pro-player (pro-employee – which is what Unions are supposed to be). Given the League’s recent gestures in this direction, the timing couldn’t have been better for the PA to initiate such a plan. After all, what could the League have to say against such a proactive move? This could easily be a high priority issue during any CBA negotiations which is why we felt it was important enough to present the idea directly to DeMaurice Smith. There has been absolutely NO response since the proposal was sent to them in April. We have no idea why this wouldn’t be a perfect issue for the Union (the retired AND active players’  Union) to take up with the League right now to show real unity by protecting all of its men – past and present. As with everything else, it seems we’re all still waiting just for a response…

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Read into it what you will but we don’t recall too many times when the NFLPA has stepped into an arbitration hearing for a retired player in the past. What we really have a problem understanding is why the NFL insists on asking for arbitration anyway. Wouldn’t it have been easier – and a whole lot smarter – just to have paid these guys their Severance Pay in the first place? (Click on the images to enlarge for easier reading.)

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And here’s the section the NFLPA letter refers to in the current CBA:

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Dave,

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You were kind enough recently to send me contact information for the NFLPA and NFL for a severance pay question. I contacted both through e-mail and sent the following question:

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I would like some information regarding severance pay that I may or may not be due from the Arizona Cardinals. If you can provide me with some insight before I contact the club that would be a great help.

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Most of you have been following our recent coverage on the missing Severance Pay that more and more retired players have come to realize that they’ve never received. The NFLPA has just put together an outline of steps that former players can follow on Severance Pay. Andre Collins, Director for Player Benefits, submitted these instructions this morning.

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We understand from some of the former players who have recently approached the NFLPA for assistance are reporting that the Union has taken a much more proactive direction in providing help with locating paperwork and advice. We’ve attached the pertinent pages from the current CBA to the end of this post. You can also click HERE to read an earlier post from Irv Cross with the section from earlier CBA’s to see if you qualify. Many of you also have written in or called us directly and we’ve forwarded all of your information directly to the NFLPA.

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Jetsons meet the Flintstones

.I did receive credit for the 1990 season and all its benefits along with what was then called a split salary: If I remained injured, I would receive $190,000 but if I was active at any time that year, it was to become $400,000. I ended up receiving the $190,000 but now the NFL is saying I also got the $80,000.00 Severance Pay (and it should have been $90,000 according to NFL CBA Severance Pay Chart we have from Irv Cross). Isn’t that like Jetson’s Technology trying to use Flintstone’s Language?

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Does anyone have a more bizarre story than this?

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We swear – we’re NOT making any of this stuff up! Looks like we are now officially going into CYA time and people are coming forward with more documentation on Burt Grossman’s missing $40,000 Severance Pay. These documents just arrived this morning from Burt’s attorney, Daniel Anastasia, via Burt. We hope the PA continues to take ownership of this and starts to question the issue of Severance Pay for all the other retired players. A lot of them are also only now discovering that they haven’t been paid (including Lionel James who has gone through an almost identical stonewall process like Burt). Be sure to read our prior post this morning from Irv Cross that includes the language in the ’82 contract covering Severance from that agreement – click HERE to read it.

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It’s also interesting to see that the very same people who were supposed to be handling retired players benefits are among the same ones now scrambling to pick up the dropped ball on Severance Pay. (Many of our readers might still recall the fantastic detail and concern Dave was given when he applied for his reimbursements from hip replacement surgery from 2008 - read about that HERE and HERE.) And – Burt’s missing W-2 has now apparently been found and it’s part of this set of documents! Now all we need to see is either an endorsed check with his signature on it or a new check – WITH INTEREST – sent along to Burt or his attorney immediately.

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Click on the thumbnails to enlarge for easier reading.

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Moran vs. NFLPA and NFL Players Inc.

Does the NFLPA think the same way about you?

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Valerie Thomas

Former NFLPA Director of Human Resources Mary Moran is at WAR against the NFLPA and she is taking no prisoners. In August 2009 Moran filed a $4 million lawsuit that claimed sex discrimination, retaliation and wrongful termination of her employment in violation of public policy because she participated in a DOL Office of Labor Fraud and Racketeering investigation of the NFLPA. Moran claimed that the actions of NFLPA management created serious and troubling ethical concerns for her. General Counsel Richard Berthelsen called Mary Moran “a necessary casualty.”

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A new article from the Boston Globe’s Albert Breer, titled “Union’s pitch for capped 2010 shot down provides just a little more insight into why the League doesn’t want a cap next year.” The best part is an Update paragraph that was added to the end of the story:

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For the past couple of days, we had a run of comments on an earlier post between Burt Grossman and Lionel James about their missing Severance Pay. It turns out that Burt has been going in circles with the NFL, the Eagles front office and the NFLPA trying to get the $40,000 in severance that he had coming after retiring from the Eagles in 1994 based on rules set out in the CBA. We even put him in touch with Mitchell Welch from Gay Culverhouse’s Players’ Outreach so they could see firsthand how little assistance retired players can expect once they’re out of the game. Like the old expression goes: The lights are on but no one’s home.

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Irv Cross explained how that Severance Pay is calculated according to the CBA since 1993 – click HERE to read his earlier post discussing these rules.

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Anyway, here’s Burt’s story about his missing $40,000:

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We’ve recently had some comments and questions come up regarding Severance Pay for players who retired in the past 10 – 15 years. And, of course, a lot of broader questions about retired players and their part in the discussions and agreements. But without actually seeing a copy of the current (2006) Collective Bargaining Agreement (CBA), it’s hard to discuss much when you don’t know what’s in it.

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So – here’s a copy of the entire 361-page CBA that was officially adopted on March 8, 2006 and was set to expire in 2012. We’ve posted on the entire contract on Scribd for easier access and viewing. (Click on the FULL SCREEN button to enlarge it for easier navigation – hit the ESC key to close. You can also click the DOWNLOAD button to save a PDF copy for printing and reading.) The League and its owners recently decided to walk away from the agreement in advance of a new contract, leaving the possibility of an uncapped year in 2011 and a looming lockout. continue reading »

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One of the more common questions coming in from recently retired players (the last 10 – 15 years) has been about severance pay. In our last post, both Lionel James and Burt Grossman mentioned that they weren’t even aware of any severance pay clauses. Irv Cross sent in a response through the Comments and we decided to put it up as a general post so it would be more visible to everyone. Thanks, Irv!

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What we can’t figure out is why players are so uninformed – or misinformed – about their benefits and pay? In my own inquiries about disability and pension benefits, I’ve had the phone hung up on me by people I was sent to at the NFLPA and I even ended up talking to the League’s attorney, Larry Lamade, over at Akin Gump when my own Union couldn’t provide me with a current copy of the retirement plan. And now former Bucs’ President Gay Culverhouse has set up an advocacy program, Players Outreach, to provide some missing guidance through this maze that our paid Union people should have been providing all this time.

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Burt:

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Remember this one? When some of the rhetoric first started coming out about the NFL’s revenue-sharing with the NFLPA and the players, Commissioner Roger Goodell’s standard answer was that those generous owners were handing over almost 60% of their revenues to those greedy players. Recently, the League has been demanding a 20% reduction in salaries as well as no salary cap on the top end of rookies’ and older players’ contracts. And now it’s also becoming clear that the NFL’s idea of 60% has never really been 60% of gross but some convoluted accounting that ends up actually being closer to 52%. The League’s PR flaks and shills (aka attack dogs) have been trying to spin out the idea that the NFLPA needs to open their books even as they continue to dodge calls for an audit of their own numbers. We believe that transparency is needed from both sides of the fence but right now the fact that the NFLPA has to file annual LM-2′s with the Dept. of Labor makes the Union more open than 31 of the 32 teams in disclosure (the Green Bay Packers are the only publicly-owned team and therefore required to open their books annually). As common sense goes, the NFLPA’s numbers will never be completely accurate if the NFL hasn’t actually been paying its real share all these years.

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So now…

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First item is one final reminder to get your paperwork sent in to Garden City Group to claim your piece of the GLA settlement lawsuit. If your name is on the list and you don’t have your paperwork, you’ll need to call them immediately (866) 697-5552 and leave a message with your number – they will get back to you quickly. Have them fax it to you so you can get that paperwork postmarked no later than Feb. 9, 2010 to qualify for your first of two checks. Click HERE to find the information and phone numbers that you need.

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Over Super Bowl weekend, we also quietly posted a free viewing of the documentary Blood Equity on this site as well as the Football Summit blog. 15-year NFL veteran & 3 time Super Bowl Champion, Roman Phifer produced this film about life after football as most players live it. Click HERE to get to that post so you can watch it in its entirety online! Of course, the producers couldn’t get permission to use any actual NFL footage because of the subject so you won’t see any on-the-field material anywhere in this film.

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And George Visger had an interview with CNN’s Stephanie Smith that aired on Friday before the Super Bowl weekend:

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NOTE: See if your name is on the list at the end of this post!

Recently, some of the retired players received an announcement from the NFLPA’s offices about another very old settlement fund finally closing on Feb. 18, 2010. Dee Becker from the NFLPA sent out an announcement about this lawsuit that dates back to 1993 – Reggie White et al vs. NFL et al.

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The lawsuit was significant in that it came in the days before free agency and the 1993 CBA (Collective Bargaining Agreement). Several players were negotiating to move to different teams when their respective owners intervened behind the scenes in an effort to keep them from negotiating with other team owners. Imagine something like that happening today: Brett Favre wants to leave the Green Bay Packers and his agent starts discussions with the Minnesota Vikings. So the owner of the Packers just picks up the phone and calls the owner of the Vikings to dissuade him from doing so. The Packers get to keep Favre’s contract and then make Favre a low-ball offer or simply kick him to the curb with no place to go. And that’s the antitrust game in a nutshell. Unrestricted Free Agency and the CBA have become an integral part of players’ contracts today as a result of battles like Reggie White’s lawsuit. Unfortunately, it also allowed former NFLPA Executive Director Gene Upshaw to pervert the process by negotiating the CBA for the full benefit of the active players while completely neglecting – and stealing from – the retired players. It was all about the money. Of course, it also meant that Superagents like Tom Condon (who just happened to have been sitting on the Disability Board for years and long rumored to have been the real power behind Upshaw’s throne) would get increasingly bigger pieces of those ridiculously sky-high salaries and bonuses that they’ve been negotiating for untested new rookies coming in every year since.

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