| Full name | National Football League Players Association |
|---|---|
| Founded | 1956 |
| Country | United States |
| Affiliation | AFL-CIO |
| Key people | Kevin Mawae, President DeMaurice Smith, Executive Director |
| Office location | Washington, D.C. |
| Website | www.nflplayers.com |
The National Football League Players Association, or NFLPA, is the labor organization for the professional football players in the National Football League (NFL). It has been at times a professional association, as well as a labor union. The goal of the organization is to represent all players in matters concerning wages, hours, and working conditions, to protect players' rights as professional athletes, to ensure the terms of a collective bargaining agreement are met, to negotiate and monitor retirement and insurance benefits, to provide assistance to charitable and community organizations, and to enhance and defend the image of players and their profession on and off the field. Headquartered in Washington, D.C., the NFLPA is led by President Kevin Mawae and Executive Director DeMaurice Smith.
Although it was founded in 1956, the NFLPA did not receive official recognition by the NFL until 1968 when a collective bargaining agreement (CBA) was reached. After an adverse court decision in 1989, the union formally renounced its collective bargaining rights, converting into a professional association in order to pursue antitrust litigation designed to win free agency for its members. From 1989 to 1993, a series of lawsuits were filed by the NFLPA against the NFL, most notably one involving Freeman McNeil of the New York Jets and the other involving Reggie White of the Philadelphia Eagles. These lawsuits caused negotiations for an antitrust settlement, and that settlement paved the way for the NFLPA to reconstitute as a union and to negotiate a new CBA in the spring of 1993. Following the end of the 2008 season, the NFL team owners opted out of the extended 1993 CBA, which caused the agreement to expire at the end of an uncapped 2010 season. The NFLPA again renounced its collective bargaining rights on March 11, 2011, the date the agreement expired, to allow the players to pursue antitrust litigation through a class action through a class action filed by Tom Brady and other notable players. The NFL and the players came to terms on a new antitrust settlement on July 25, 2011, and the players thereafter signed union authorization cars to have the NFLPA reconstitute as a union. A new CBA was then negotiated and that agreement was ratified on August 4, 2011.
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The players originally began to unionize because they had to play exhibition games without receiving pay.[1][2] In 1943, Roy Zimmerman's refusal to play an exhibition game without compensation resulted in his trade from the Redskins to the Eagles.[3] With the pending arrival of the All-America Football Conference (AAFC) in 1946, the NFL created a rule to ban a player for five years from NFL associated employment if he had left the NFL to join the AAFC.[4][5] This did not stop all players from switching leagues. For example, Bill Radovich played for the Detroit Lions in 1945 and then left the NFL and played for the Los Angeles Dons in the AAFC.[6][7][8] Subsequently, Radovich was blacklisted by the NFL and was prevented from gaining employment with a team from the Pacific Coast League.[7][9] Unable to attain a job in the NFL or the Pacific Coast League, Radovich filed a lawsuit against the NFL seeking damages.[10] The actual formation of the NFLPA came when two players from the Browns, Abe Gibron and Dante Lavelli, approached a lawyer, Creighton Miller, to form an association to help the players. They were eventually supported by both the Browns' and the Packers' players, and they announced the formation of the NFLPA in 1956.[11][12] The new association initially requested that the clubs provide players with pay for exhibition games, a minimum league-wide salary and per diem pay, uniforms and equipment paid for and maintained at the clubs' expense, and continued payment of their salaries when they were injured and unable to play.[13][14] Don Shula of the Baltimore Colts, John Gordy of the Detroit Lions, Frank Gifford and Sam Huff of the New York Giants, and Norm Van Brocklin of the Los Angeles Rams led this effort.[15][16]
Creighton Miller, who was a former Notre Dame football player turned lawyer, continued to represent the NFLPA in the early efforts.[17] Unable to win their attention by organizing, the association threatened to bring an antitrust lawsuit against the league. That threat became much more credible when the United States Supreme Court ruled in Radovich v. National Football League, 352 U.S. 445 (1957), that the NFL did not enjoy the same antitrust immunity that Major League Baseball did.[16][18] Jarett Bell of USA Today notes, the Radovich v. National Football League ruling "set the foundation for a series of court battles that have continued to present times."[18] Rather than face another lawsuit, the owners agreed to a league minimum salary of $5,000, $50 for each exhibition game played, and medical and hospital coverage.[12] Although most of the NFLPA's requests were met, the owners did not enter into a collective bargaining agreement with the NFLPA or formally recognize it as their exclusive bargaining representative, and instead agreed to change the standard player contract and alter governing documents to reflect the changes.[16][19]
From its inception, the members of the NFLPA were divided over whether it should act as a professional association or a union. Against the wishes of NFLPA president Pete Retzlaff and later Bernie Parrish, Miller refused to engage in collective bargaining, and instead ran the union as a "'grievance committee'".[19] The players continued to use the threat of antitrust litigation over the next few years as a lever to gain better benefits, including a pension plan, health insurance, and payment for exhibition games.[16] In the 1960s the NFL also faced competition from the new American Football League.[20] The new league was viewed as potential leverage for the NFL players to improve their contracts.[18] In partial response to this threat, the NFL changed the owner-controlled pension plan to add a clause saying that a player would lose his pension if he went to another league.[21] On January 14, 1964, the American Football League formed the AFL Players Association, and elected Tom Addison of the Boston Patriots as president.[22] Rather than working with the AFLPA, the NFLPA chose to retain its independence and attempted to block the merger between the two leagues in 1966 however meager funding prevented them from mounting a formal opposition. With the merger completed, the leverage that the AFL once provided was no more.[21]
In January 1968, Parrish, upset with the weak constitution of the NFLPA, proposed forming a players' union with the assistance of the International Brotherhood of Teamsters.[21] The International Brotherhood of Teamsters (led by St. Louis Teamster leader Harold Gibbons and Hoffa top aide Charles "Chuckie" O'Brien) pushed the NFLPA into joining the trucking union.[23] In early November 1967, Parrish, with support from former Cleveland Browns player Jim Brown, began distributing union cards to form a Teamsters affiliate known as the American Federation of Pro Athletes.[24] The NFLPA rejected the overture at its meeting in Hollywood, Florida during the first week of January 1968 and declared itself an unaffiliated union.[25] Although Parrish's proposal was defeated, Miller left the union as counsel. Sources speculated that he quit,[26] while others say he was forced out because he was not hawkish enough.[27] He was later replaced by two labor lawyers from Chicago, Dan Schulman and Bernie Baum.[21]
Six months after it declared itself an unaffiliated union, the NFLPA won official recognition from the owners through its first written collective bargaining agreement. On July 3, 1968, after official talks with the owners stalled, the NFLPA voted to strike, and the owners countered by declaring a lockout.[28] By July 14, 1968, the owners relented and the brief work stoppage came to an end.[29] Although a collective bargaining agreement resulted, the concessions the players received were small as they were forced to accept the owners' terms, leaving many members frustrated.[21] The owners compromised by agreeing to contribute about $1.5 million to the pension fund but maintained minimum salaries of $9,000 for rookies, $10,000 for veterans and $50 per exhibition game, and no neutral arbitration.[29]
As the merger of the AFL and NFL became official in 1970, the unions agreed to meet for the first time in January 1970. Jealousy between both associations and fear on the part of the AFL players strained the negotiation process.[21] The NFL players wanted Ed Meador to become president of the newly combined association while the AFL players wanted Jack Kemp. Both sides compromised and agreed to recognize John Mackey of the Baltimore Colts as president on the condition that former AFL player Alan Miller would become general counsel for the organization.[21] The NFL owners continued, however, to treat the players lightly in negotiations, prompting the NFLPA to formally and successfully petition the National Labor Relations Board for union certification.[16] The players went on strike in July 1970 after the owners locked them out for a brief period. The strike lasted for only two days ending with a new four year agreement which was reached after the owners threatened to cancel the season.[21] As a result of the new CBA, the union won the right for players to bargain through their own agents with the clubs, and minimum salaries increased to $12,500 for rookies and $13,000 for veterans. Also, players' pensions were improved and dental care was added to the players' insurance plan. Players also gained the right to select representation on the Retirement Board and the right to impartial arbitration for injury grievances.[21]
Following the 1970 agreement, many union representatives were let go by their teams. Unfazed, the players were determined to create a stronger union.[21] Attorney Ed Garvey was hired by the NFLPA in 1971 to act as their first Executive Director, and the NFLPA became officially certified as a union by the National Labor Relations Board in 1971. Headquarters were established in Washington D.C. and a campaign was launched to help inform and educate the players.[21]
The 1970 CBA ran until 1974. In July 1974, players went on strike, demanding the elimination of the option clause and the NFL revenue clause, popularly known as the "Rozelle Rule." The rule, named after commissioner Pete Rozelle, allowed Rozelle to award compensation to a team losing a free agent.[30] This rule severely limited player movement, as few teams were willing to risk signing a high-profile free agent only to risk having their rosters gutted. For instance, a team that signed a blue-chip free agent could be forced to give up its next two first-round draft picks, or worse. Even before the 1974 strike, the NFLPA challenged the Rozelle Rule as a violation of federal antitrust laws in a lawsuit filed by President John Mackey and allied union leaders in 1972. The lawsuit was still pending in 1974 when the players went on strike. The strike lasted until August 10, 1974 when the players returned to training camp without a new CBA, instead choosing to pursue free agency in court through the Mackey case.[30]
While the litigation (Mackey v. NFL, 543 F.2d 606 (8th Cir. 1976), cert. denied, 434 U.S. 801) proved successful, the union found that making progress in bargaining was harder to achieve.[16] Although it changed the Rozelle Rule in bargaining in 1977 and obtained improved benefits, the change did not achieve true free agency.[16] The NFL and NFLPA agreed to a new collective bargaining agreement in March 1977 that ran until 1982.[30]
The 1982 NFL strike began on September 21, 1982, and lasted 57 days until November 16, 1982.[30][31] During this time, no NFL games were played. The essential cause of the strike was the union demanded that a wage scale based on percentage of gross revenues be implemented. The NFLPA wanted the percentage to be 55 percent, and according to the Los Angeles Times, this demand "dominated the negotiations."[32]
The 1982 strike ended with a player revolt against its own union, as some members, including Los Angeles Rams players, suggested that Ed Garvey step down as Executive Director.[33] As a result of the strike, the season schedule was reduced from 16 games to nine and the playoffs expanded to 16 teams (eight from each conference) for a "Super Bowl tournament." A new five-year agreement was also put in place, providing severance packages to players upon retirement, an increase in salaries and post-season pay, and bonuses based on the number of years of experience in the league.[34] Still, NFL salaries remained significantly less than those of other professional league sports.[34]
During the strike, the NFLPA promoted two "AFC-NFC 'all-star' games."[35] One was held at RFK Stadium on October 17, 1982, and the second was held at the Los Angeles Memorial Coliseum on October 18.[35] One of the few stars who did play, future Hall of Famer John Riggins, explained "I guess I'll do just about anything for money."[35] Despite a local TV blackout and ticket prices starting at six dollars, neither game drew well; only 8,760 fans attended in Washington, D.C., and just 5,331 attended in Los Angeles.[35]
In 1983, former Oakland Raider Gene Upshaw became the Executive Director of the NFLPA.[36] During his time as executive director, he oversaw the 1987 strike, several antitrust lawsuits, and the collective bargaining agreement of 1993.
The NFLPA struck for a month in 1987. On this occasion, however, they only succeeded in canceling one week of the season. For the next three weeks, the NFL staged games with hastily assembled replacement teams.[30][37] They were made up of several players cut during training camp, as well as a few veterans who crossed the picket lines.[30] Among the most prominent players to immediately cross the line were New York Jets defensive end Mark Gastineau and Dallas Cowboys defensive tackle Randy White.[37] San Francisco 49ers quarterback Joe Montana and Seattle Seahawks wide receiver Steve Largent later joined the replacement players as other strikebreakers.[37]
Faced with a failure by the NFL to bargain in good faith, the willingness of the networks to broadcast the replacement games, and hostile public sentiment, the union voted to go back to work on October 15, 1987 without a collective bargaining agreement in place.[38] They were forced to wait another week before they could resume play since they had failed to return by the owners' deadline, a deadline later ruled to be in violation of federal labor laws and backpay for the strike.[39] The union filed a new antitrust suit, and on December 30, the NFLPA asked federal judge David Doty to rule that the League’s exemption from the federal antitrust laws had ended and that players were free to challenge free agency restrictions and seek treble damages under those laws.[30]
On November 1, 1989, the Court of Appeals ultimately rejected the suit on the grounds that the labor exemption from antitrust liability protected the employers, even though the union was no longer party to a collective bargaining agreement that would have permitted the practices that the union was challenging.[30] In response, the union formally disclaimed any interest in representing NFL players in collective bargaining and reformed itself as a professional organization in November 1989. Having done that, individual players, led by Freeman McNeil of the New York Jets, brought a new antitrust action, financed by the NFLPA, against the NFL challenging its free agency restrictions (so-called "Plan B") as an unlawful restraint of trade under the anti-trust laws.[30][40]
The players ultimately prevailed after a jury trial on their claims. That verdict, the pendency of other antitrust cases and the threat of a class action filed by Reggie White, then with the Philadelphia Eagles, on behalf of all NFL players caused the parties to settle the anti-trust cases and to agree on a formula that permitted free agency.[30] In return, the owners demanded and received a salary cap, albeit one tied to a formula based on players' share of total league revenues. The agreement also established a salary floor - minimum payrolls all teams were obliged to pay.[41] The settlement was presented to and approved by the judge who had heard the McNeil antitrust case in 1993. Once the agreement was approved, the NFLPA reconstituted itself as a labor union and entered into a new collective bargaining agreement with the league. The NFLPA and the league extended the 1993 agreement five times. The final extension came in March 2006 when it was extended through the 2010 season after the NFL owners voted 30-2 to accept the NFLPA's final proposal.[30]
Following the death of Gene Upshaw in 2008, Richard Berthelsen stepped in as interim executive director, serving from August 2008 until March 2009.[42] The NFLPA Board of Representatives elected DeMaurice Smith for a three year term as the executive director on March 16, 2009.[43] During Smith's time as executive director, the issue that dominated discussion was the 2011 lockout.[44]
In May 2008 the owners decided to opt out of the 1993 arrangement and play the 2010 season without an agreement in place.[45] Without a new agreement, the 2010 NFL season was played without a new agreement.[46] Some of the major points of contention included openness of owners' financial books, the rookie pay scale, a proposed 18 percent reduction in the players' share of revenues, forfeiture on bonus payments for players that fail to perform, players' health and retirement benefits, details of free agency, the cost and benefit of new stadiums, players' salaries, extending the regular season to 18 games, and the revenue-sharing structure.[45] By March 2011, the NFLPA and the NFL had not yet come to terms on a new collective bargaining agreement, thus failing to resolve the labor dispute. Accordingly, the NFLPA filed papers to decertify as a union on March 11, 2011 and file an antitrust suite to enjoin the lockout.[47] Less than two hours after the players' union decertified, quarterbacks Tom Brady, Peyton Manning, and Drew Brees filed a class-action lawsuit, financed by the NFLPA, to prevent the lockout from impeding on the season.[47] By the end of the day, the players had officially been locked out. After the settlement of Brady et al. v. NFL anti-trust suit on July 25, 2011, a majority of players signed union authorization cards approving the NFL Players Association to act as their exclusive collective bargaining representative.[48] The NFL officially recognized the NFLPA’s status as the players’ collective bargaining representative on July 30, 2011.[49] The NFL and NFLPA proceeded to negotiate terms for a new collective bargaining agreement, and the agreement became effective after ratification by the players August 4, 2011.[50] The new collective bargaining agreement runs through 2021.[51]
In 2010, the first NFLPA Game was played at the Alamodome in San Antonio, Texas.[52]
The current president of the NFLPA is Kevin Mawae, a former NFL center, and the executive director is DeMaurice Smith. As of September 2011, the executive committee consisted of the following current and retired NFL players: Charlie Batch, Drew Brees, Brian Dawkins, Domonique Foxworth, Scott Fujita, Sean Morey, Tony Richardson, Jeff Saturday, Mike Vrabel, and Brian Waters.[53] Each NFL team also has a player representative, along with two to three alternate representatives.[54]
| Leader | Year(s) | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Executive Directors | |||||||||
| John Gordy | January 16, 1969–November 1, 1969[15] | ||||||||
| None | November 1, 1969–1971 | ||||||||
| Ed Garvey | 1971–1983[55] | ||||||||
| Gene Upshaw | June 13, 1983–August 21, 2008[36] | ||||||||
| Richard Berthelsen | August 21, 2008–March 16, 2009 as Interim Executive Director[42] | ||||||||
| DeMaurice Smith | March 16, 2009–present[43] | ||||||||
| Presidents | |||||||||
| NFLPA (pre-merger) | |||||||||
| Bill Howton | January 26, 1958–January 4, 1962[56] | ||||||||
| Pete Retzlaff | January 4, 1962–January 5, 1964[57] | ||||||||
| Ordell Braase | January 5, 1964–January 8, 1967[58] | ||||||||
| Mike Pyle | January 8, 1967–January 11, 1968[59] | ||||||||
| John Gordy | January 11, 1968–January 16, 1969[15] | ||||||||
| John Mackey | January 16, 1969–1970[21] | ||||||||
| AFLPA | |||||||||
| Tom Addison | January 14, 1964–1965[22] | ||||||||
| Jack Kemp | 1965–1970[60] | ||||||||
| NFLPA (post-merger) | |||||||||
| John Mackey | 1970–1973[61][62] | ||||||||
| Bill Curry | 1973–May 31, 1975[62][63] | ||||||||
| Kermit Alexander | May 31, 1975–March 8, 1976[63] | ||||||||
| Dick Anderson | March 8, 1976–January 26, 1978[64] | ||||||||
| Len Hauss | January 26, 1978–1980[65] | ||||||||
| Gene Upshaw | 1980–June 13, 1983[36] | ||||||||
| Jeff Van Note | June 13, 1983–February 1984[66] | ||||||||
| Tom Condon | February, 1984–April 24, 1986[66] | ||||||||
| Marvin Powell | April 24, 1986–March 4, 1988[67] | ||||||||
| George Martin | March 4, 1988–June 13, 1989[68] | ||||||||
| Mike Kenn | June 13, 1989–March 16, 1996[69] | ||||||||
| Trace Armstrong | March 16, 1996–March 29, 2004[70] | ||||||||
| Troy Vincent | March 29, 2004–March 19, 2008[69] | ||||||||
| Kevin Mawae | March 19, 2008–present[71] | ||||||||
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