NFLPA takes its case to the classroom, talks about lockout with law students

NFLPA takes its case to the classroom, talks about lockout with law students

By Joseph White, The Associated Press – 11 hours ago

WASHINGTON — Even as the players have made their case in court, the NFL Players Association is making its case in the classroom.

Representatives of the NFLPA were invited guests at the American University's Washington College of Law on Tuesday, answering questions from students about the league's decision to lock out the players and the court proceedings that have followed.

The NFLPA made a similar appearance at Rutgers last month. The programs help the former union — now technically a trade association — make sure that students and the public at large are fully aware of its side of the story.

"I understand there's a lot of fan frustration and fan anger — directed at both sides, frankly," Atallah said. "I understand that. I'm a fan of the game myself, so I'm sympathetic to it. I think at the end of the day the fans and people need to know the players have worked on resolving this and have been attempting to avoid it for more than two years now. ... It's not lost on me that people want to see their football."

The savvy students peppered Atallah and former player Nolan Harrison with various legal questions — the words "litigation," ''decertification," ''injunction" and "mediation" were uttered many times. While the parties are under orders from a judge not to talk about the ongoing court-ordered mediation talks in Minneapolis, Atallah reiterated that a negotiated settlement from those talks — rather than more legal wrangling — is the preferred outcome for the players.

"The unfortunate thing about the current state of the business of football is that anything outside of a litigation settlement takes us into the unknown," Atallah said.

Atallah and Harrison restated many NFLPA positions: that the league had been planning the lockout for years in advance, that the players never threatened to strike, that they never asked for more money than they were getting in their previous deal, that they're concerned about the economic impact on businesses such as restaurants if games aren't played and that it doesn't make sense to them to have draft picks pigeonholed into five-year contracts when the average career doesn't last that long.

Harrison responded with vigour to a student's question that referenced the dispute as one of millionaires versus billionaires.

"Let's be clear about things: No one can cry poverty in the NFL," Harrison said, "but not every player is making over a million dollars."

Harrison said many players are done by age 25 and "go back to being regular students, regular employees, regular businessmen."

"To be fair," he added, "not every owner's a billionaire. But they're pretty darn close."

Copyright © 2011 The Canadian Press. All rights reserved.

Former Players Message April 15, 2011

IMPORTANT NUMBERS Gene Upshaw Player Assistance Trust (PAT), Tyrone Allen, 800-372-2000 NFL Player Benefits Bethany Marshall, 800-372-2000 NFL Player Care Foundation 800-NFL-Goal NFLPA FORMER PLAYERS BENEFITS An informational Website designed to describe the benefits available to Former NFL Players. Click to view the site. MY GOAL LINE MyGoalLine.com is the only designated website for benefits in pro sports. Click to view the site. DEMARCUS WARE SHOWS LEADERSHIP His latest act of leadership further proves that he is one of many players setting the example. Click to view the article. HOW TO GET THE LIFE YOU WANT Aspirational speaker Chris Gardner shares his secrets for success. Click to view the article. LEGENDS REVENUE OPPORTUNITY School of the Legends is the world’s greatest online football experience. It serves aspiring football players, NFL players—past and present—and fans worldwide. It provides valuable, intensive web-based training for young people eager to learn the game. SOTL also offers an exclusive social football community that is an official licensed partner of the NFL Players Association and is destined to become a mega hit for players and fans. Click to view the site. READ ACROSS AMERICA Dewey McClain and Solomon Brannan of the Atlanta chapter participate in the read across America campaign. Click to view the article. SOCIAL NETWORKS Follow up with the NFLPA and happenings with the CBA here: NFLPALegends on Twitter NFLPA on FaceBook NFLPA on LinkedIn April 15, 2011 CLASS ACTION Quote from Mark Murphy, President and CEO of the Super Bowl Champion Green Bay Packers February 24, 2011 Murphy: You know, right now our current players if they're vested, and you vest if you play three or more seasons, you get health insurance coverage for five years, which is great. But I look at it, too, and the transition for players from playing in the NFL to finding another career and establishing themselves is very difficult, and I really wonder, sometimes, if we do too much for the players. They've got severance pay and a 401(k) plan. I guess what I'm saying is that sometimes it's not all bad, and going back and talking to some of the players who played for Lombardi in the '60s - you know, they worked in the off-seasons, and they made a very smooth transition into their second careers because they had to. And so I'm a little worried that if we do too much for players in terms of compensation after their career's end, and health insurance - it's not all bad to have an incentive to get a job. And, so those are just some of the things we’re thinking through and talking through. Click to view the article. Back to top Former Player DC Chapter President Ray Schoenke Speaks Out I recognize that as Former Pre-93 NFL Players, we do not always agree on everything, but we do agree on some things. What we all agree on is to improve the health and financial welfare of all former NFL Players particularly our generation. After the 2006 CBA, Bruce Laird and I discussed how we were going to go forward since we were both dissatisfied with the treatment and benefit structure that former players were receiving by the NFLPA. I told Bruce I was going to stay under the NFLPA tent for a period of time and try to create change within the system. I told him, the power to negotiate still rests with the NFLPA and I choose to stay. Bruce, on the other hand, said he was going to try to create a new entity. I wish him well and encourage him. While Bruce and I had some very strong disagreements I respect his tenacity and resolve in trying to get things done. With the unexpected death of Gene Upshaw everything changed dramatically. It was fortuitous that I knew De before he became Executive Director of the NFLPA. I was very close to the principal partner at De's former law firm, which is one the most respected law firms in the country, and asked him for his opinion of De. He said he was a smart and a tough litigator and when you went into court you wanted him on your side. I was very pleased when De got the job. He told me to be patient. He would settle the lawsuit and former players would get representation on the Executive Committee. I might add that Gene Upshaw and Troy Vincent said point blank to me "we would never have representation on the Executive Committee." De delivered on both points. Prior to the 2010 convention, De and I talked about the Legacy fund and its importance to Pre-93'ers and his support for such a Fund. At the 2010 NFLPA Convention I proposed a Legacy Fund for all vested pre-93 Former Players of $2000 a month to be paid by the Owners. The motion was carried unanimously. Since then the Legacy Fund has continued to be of great interest to all Pre-93'ers. As the current CBA is winding its way through the negotiations both the owners and the active players have been responsive to supporting the concept of the Fund. What has been difficult is understanding the proposals that have been put forward by those outside the negotiating parties. The good news both sides at the table feel it is appropriate and justifiable. The question is how much will be set aside, what kind of benefits will finally be determined and who amongst the pre-93'ers will be eligible. While I would like to comment on what I think is appropriate for us to consider at this time, I do feel all of us, as Former NFL Players regardless of our affiliation, our first commitment should be to our negotiating team and its leader. We are deep into the game. Our team is on the field. Our leader has determined that pursuing an outcome through the court system is the best approach to win the game. I appreciate the comments made by Bruce Laird, Jeff Nixon, Joe DeLamielleure and Mark Murphy and Jerry Richardson for the owners. All as former pre-93 players certainly have an appreciation of our situation. On the other hand if I were in a poker game and my opponent refused to show me his cards and told me to "trust him as to what was in his hands," I think we would all agree that such a scenario is ludicrous. Yet that is what the owners our asking. Trust us. De said, "Good luck but we'll see you in court." We have a great litigator as our leader and we need to back him. The power to negotiate still rests with the NFLPA. I feel very confident an agreement will be reached and both sides will determine how much money will be set aside for the Legacy Fund. At that time we need the right people at the table ready to negotiate on our behalf. I feel very confident with Cornelius, Nolan, and Jim representing our interests. I have spent a lot of time with Jim in his efforts to be elected to the Executive Committee. I found him to be knowledgeable, accessible, and responsive. I am confident they will reach out to all of us when the time comes. Respectfully, Ray Schoenke Dallas Cowboys 1963-1964 Washington Redskins 1966-1975 Back to top MEMBERSHIP BENEFITS University of Michigan Depression Center The University of Michigan Depression Center has partnered with the NFLPA to provide a comprehensive mood and behavioral evaluation. The assessment will generate a personalized treatment plan with recommendations that incorporate the past and current lifestyle of the player and family. The Program includes a year-long follow up by specialists, which will be coordinated with local physicians, care providers and family, thereby helping to assure that progress is monitored and that any necessary adjustments are timely. Pre-arranged services include: an initial assessment done over the phone by a qualified nurse or social worker, a pre-visit phone call with a doctor, and if necessary a scheduled day of care at the University of Michigan Depression Center. This is a need based program. If you would like to know more please email Andre Collins (andre.collins@nflplayers.com) or Tyrone Allen (tyrone.allen@nflplayers.com). By phone, call us at 1-800-372-2000 ext. 166. Back to top VQ OrthoCare® Offers NFLPA Former Player Members the Opportunity to Live Without Knee Pain Medical device company offers a special discount program on BioniCare, the only device that can claim to provide an overall improvement to an osteoarthritic knee VQ OrthoCare®, creator of the award-winning BioniCare® Knee System, is pleased to announce its BioniCare member discount program for National Football League Players Association (NFPLA) former player members and their families. VQ OrthoCare initiated this discount program based on the need for a non-invasive, non-pharmaceutical treatment option for retired professional athletes living with osteoarthritis of the knee. Professional athletes move their knees up to 20 million times per year. In contrast, the average person uses their knees only three million times per year. The constant knee movements wear down the knee joints, increasing the risk of osteoarthritis of the knee (Overtime Magazine, 2007). In conjunction with the BioniCare member discount program, VQ OrthoCare is also offering a financial aid program for former player members needing assistance. "More than 27 million Americans are living with osteoarthritis of the knee and National Football League players are three times more likely to develop osteoarthritis of the knee than the general population," said VQ OrthoCare president and founder, Jim Knape. "We are thrilled to be offering former player members of the NFLPA and their families the opportunity to utilize this life-changing treatment option that will enable them to live pain free and regain their active lifestyles." Back to top GotProHealth NFLPA Member Discount Program GotProHealth has launched a new member discount program as part of the NFL Players Association's (NFLPA) member discount programs. GotProHealth will help educate players and their families on the use of complementary and natural medicine. GotProHealth is also developing a national network of qualified and licensed professionals in the field of complementary medicine so that players will have access to experienced practitioners around the country. "This endeavor has tremendous potential to change the way professional athletes and their families think about getting and staying healthy," says Amy Lewis, CEO, and licensed acupuncturist. Complementary medicine includes modalities such as acupuncture, massage therapy and body work, herbal medicine, energy work, chiropractic, and naturopathic medicine. Ken Jenkins, President, and a former NFL running back, knows firsthand how important complementary medicine can be on and off the field. "I suffered many injuries during my career. I used acupuncture, massage therapy, and chiropractic regularly during my career and it helped me recover. Even now – off the field – I continue treatments to maintain my overall health." Jenkins adds, "Our job is to provide legitimate and accurate information about complementary medicine and to make qualified professionals easily accessible." Back to top HEALTH Power up your workouts: It's workout season -- here are some high-tech suggestions to facilitate your fitness plans By Eric Gwinn Apr. 13, 2011 (McClatchy-Tribune News Service delivered by Newstex) -- Looking to energize your workouts with some high-tech-gear? We're here to help. Click to view the article. Back to top Deciding to exercise is the first step. The second? Enlisting your brain from: The Dallas Morning News, April 12, 2011 "In order to understand exercise motivation, it's important to understand where a person is in terms of change," says Carla Sottovia, director of fitness and personal training exercise for the Cooper Fitness Center. "For any change to occur, the person has to be ready emotionally and physically. It has to come from within." Click to view the article. Back to top NEWS Meanest Budget Cuts From heating for the poor to removing unexploded landmines, the budget compromise takes the ax to some very worthy programs. Click to view the article. Back to top BUSINESS Money 101 Lesson One: Setting Priorities 1. Narrow your objectives. You probably won't be able to achieve every financial goal you've ever dreamed of. So identify your goals clearly and why they matter to you, and decide which are most important. By concentrating your efforts, you have a better chance of achieving what matters most. 2. Focus first on the goals that matter. To accomplish primary goals, you will often need to put desirable but less important ones on the back burner. Click to view the article. Back to top NFL PLAYERS ASSOCIATION | 1133 20th Street, NW, Washington, DC 20036 800-372-2000 | www.nflplayers.com

The Smokescreen That Hides the Truth

Here's the thing, the NFL owners could right now implement The Legacy Fund. The NFLPA Former Players requested the $10 million per team savings in 2010 to be used to create the fund. Those savings came from the owners not having to pay benefits to the players due to the uncapped year. That's $320 million that would've seeded the fund. They flat out refused. Don't buy into the divisive tactics that are being employed right now. Let stand behind the leadership and the class and make them show us why they won't.

Sen. Jay Rockefeller urges NFL should open their books the NFLPA

ESPN.com: NFL

WASHINGTON -- The chairman of the Senate Commerce Committee is urging NFL owners to open their financial books to the players' union, arguing that will help resolve a labor dispute.

"Reluctantly, I have come to the conclusion that the only way to sort out this stalemate is for the owners and the league to answer the biggest sticking point: money," Sen. Jay Rockefeller wrote in a Washington Post opinion column on Friday. "What I'd like to see from NFL commissioner Roger Goodell and the owners is a simple display of good faith: Show the union your books. Don't keep secrets. If there are financial pressures that keep you from agreeing to the revenue-sharing plan proposed by the players, let's see the proof."

Rockefeller, D-W.Va., suggested that a neutral third party review the financial data, remove anything sensitive and prepare an assessment of the league's finances.
 
The NFL declined to comment on Rockefeller's suggestion, citing a request by federal mediator George Cohen that the two sides not discuss negotiations while they're in mediation. Those negotiations are scheduled to resume next week.

The league has previously said that the union, which has made similar demands, already has access to all relevant financial information.

The biggest sticking point between the two sides is how to divide about $9 billion in annual revenues. The current collective bargaining agreement expires at 11:59 p.m. ET Thursday, and the union has said it expects a lockout to come as soon as the following day.

The NFL hasn't argued that it's losing money, only that it needs to keep a bigger share to finance costs such as stadium construction.

Rockefeller acknowledged that "some owners make significant investments while managing a professional sports team and I don't want to play down their long-term expenses and obligations. But the players deserve a good-faith effort to demonstrate that these expenses are real and not just an excuse."

He said that so far, he's kept a "hands-off" approach to the negotiations, aside from conversations on the status of the talks.

But he also said that Congress, "acting in the public interest, has to keep the NFL on track because of the great benefits given to the league by federal law and taxpayer funds and because of its impact on the nation's economy."

One key benefit that the NFL enjoys -- along with other professional sports -- is an antitrust exemption for broadcasting contracts. That exemption, which allows the NFL to sign TV contracts on behalf of all teams, helped to transform the league into the economic powerhouse it is today.

As to what the committee will do if the NFL doesn't provide the information, Rockefeller spokesman Vince Morris said that the senator is keeping all options open but is mainly focused on encouraging the two sides to sort this out themselves.

Gary Roberts, dean of Indiana University Law School in Indianapolis and an expert on sports, antitrust and labor law, said that whether an employer is required to open its books depends on what it argues during the collective bargaining process.

"If owners make representations that they're losing money or that they can't afford a certain term in the collective bargaining agreement, then they're obligated to prove their assertion," he said.

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In my personal opinion Gary Roberts said it best, and of course I'm not being biased being because he is representing Indiana University, the owners are obligated to prove why the players need to take a $1 billion pay cut, to prove why hundreds of thousands of people will be put out of work when there is a lockout, to prove how record viewership and $9 billion in revenue is not a successful business model.

Nolan Harrison III
Senior Director
NFLPA
Former Players Services

My interview about NFLPA, NFL, NCAA and business with CL and The Get Up Show

I had a great time doing the Get UP Show with CL. Lot's of topics covered, NFLPA, NFL, NCAA, Ethical Business Leadership, take a listen http://ht.ly/1HMmP