Showing posts with label National Football League Players Association (NFLPA). Show all posts
Showing posts with label National Football League Players Association (NFLPA). Show all posts

Saturday, May 14, 2011

Corp. Comedy: Turds in the Drink/No Pro Football? No Problem (2 articles)

Bill Hicks and the Place of Corporate Comedy
By CHARLES M. YOUNG

I have three comedians on my iPod: Richard Pryor, George Carlin and Bill Hicks. All of them evolved as much into prophets as comedians, and all of them died younger than they should have from maladies that probably had something to do with the stress of being a live performer on the road in corporate America.

Hicks died the youngest, of pancreatic cancer at the age of 32 in 1994. Perhaps his pancreas had had enough of his drinking, which started later than usual at the age of 21 but got excessive quickly. Or maybe it was road food from all that driving to comedy clubs around the country. He looked puffy by his mid-20s. If Hicks came back from the dead, he could do a good routine about government agents slipping some carcinogen (white sugar?) into his food because his routines had come too close to the truth.

That was one of his best joke constructions, taking some dark conspiracy theory lurking in the collective unconscious and validating not so much the theory as the paranoia that got the imagination fired up in the first place. In a routine called "The Elite" on his album Rant in E-Minor, Hicks speculates on what happens to a new president.

"When you win, you go in this smokey room with the 12 industrialist/capitalist scumfucks who got you [elected]...And this screen comes down—whrrrrrrr—and this big guy says, 'Roll the film.' It's a shot of the Kennedy assassination from an angle you've never seen before. [Big laugh.] And it looks suspiciously off the grassy knoll. And the screen comes up and they go to the new president and say, 'Any questions?'"


Hicks did believe the Warren Commission was a lie, but you can have any theory you want about the Kennedy assassination and get the joke there. He's describing a fictional situation, and in literal reality, it doesn't happen like that. Long before anyone is elected president, they are vetted for obedience. Nobody has to tell politicians to obey, or what the consequences of disobeying would be. New presidents want to obey, and that's why they got the nomination. What Hicks is getting at is not so much conspiracy but the deeper truth that inspires so many grassroots conspiracy theories. It really is a tiny number of industrialist/capitalist scumfucks who control everything. They will tell any lie and commit any crime to keep their power. Hicks not only understood that, he could make phenomenal jokes about it.

I saw the recent documentary about Hicks, American: The Bill Hicks Story. As a coming of age story about a teenager who figures out that he's funny, becomes fascinated by the mechanics of humor, and is performing in nightclubs before he can drive, it's compelling and even triumphant. Growing up talented in the Deep South always has its element of heroism. The story is not so much about finding himself, which he did by his late teens, but finding a place to display what he found of himself. That was a struggle until the end.


The documentary half-clarifies the infamous incident where David Letterman censored Hicks' routine in a 1993 appearance, just removed the whole bit from his show, which demoralized Hicks toward the end of his life. In 2009, Letterman decided to clean up his karma, inviting Hicks' mother on the show and apologizing for his poor judgment as an editor. The documentary shows the apology, which was gracious, but leaves out the actual routine, which Letterman did run in its entirety for the first time on the show.

Thanks to the wonders of Youtube, it is possible to see the segment (Hicks' mom and the routine), which is revelatory. I have four albums and two documentaries on Hicks, and the censored Letterman bit is one of his least funny. The guy is flailing, trying to maintain his shock value while staying inside the line of corporate television, which means he goes after lame targets like Billy Ray Cyrus. The joke that purportedly got him censored was a suggestion that the right-to-life movement blockade cemeteries instead of abortion clinics. Hicks picked a worthy target but missed it with a weak joke. Letterman was apparently afraid of offending a large group that gets offended easily, but the real problem with the routine was that Hicks' heart wasn't in it. His humor depended on crossing the line—not the line of good taste, which is easy, but the line of taboo truths—while Letterman has always stayed safely and lucratively within the line.

It has been said that Hicks' influence lives on in the comedy of Jon Stewart and Bill Maher. Not really. Stewart and Maher are both, at heart, GWOT Democrats. They have grown steadily more unfunny as Obama has steadily revealed himself as a tool of the usual industrialist/capitalist scumfucks. Even during the Bush administration, both Maher and Stewart were careful not to insult the military, which is way past the taboo line anywhere on corporate television.

On Rant in E-Minor, Hicks had this to say in a routine about integrating gays in the military: "Anyone DUMB ENOUGH to want to be in the military should be allowed in. End of story. That should be the only requirement. I don't care how many pushups you can do. Put on a helmet. Go wait in that foxhole and we'll tell you when we want you to go kill somebody. You know what I mean? I get so sick. I've watched these fuckin' Congressional hearings, and all these military guys, and all these pundits saying, 'Ohhhh, the espirit de corps will be affected and we are so moral...' Excuse me! Aren't you all fuckin' hired killers? Shut up! You are thugs! When we need you to blow the fuck out of a a nation of little brown people, we'll let you know. Until then...'We are the military. Is that a village of children and kids? Where's the napalm? Boooooom! I don't want any gay people hanging around me while I'm killing kids.'"

Compare that with Maher's orgasmic cheerleading for assassination on the most recent Real Time with Bill Maher:
"Barak Obama is one efficient, steely nerved, black Ninja, gangsta president." He went on to congratulate Obama for out-Republicaning the Republicans.
There's a modern prophet for you, like it takes nerves of steel to have hired killers shoot an unarmed man in the face on the other side of the world. Somehow I think that if Bill Hicks were alive, he'd be pointing that out. And he'd be pointing it out in little nightclubs (or in the UK, where he had more freedom to talk about America), not on Real Time.

Here's what Hicks had to say about the new Democrat who took office a year before Hicks died:

"'Ohhhh, that Clinton. Don't you have hope for Bill Clinton?' There no fuckin' hope in that guy. They're all the same. I'll show you politics in America. Here it is, right here: 'I think the puppet on the right shares my beliefs.' 'I think the puppet on the left is more to my liking.' 'Hey wait a minute, there's one guy holding up both puppets!' 'Shut up! Go back to bed, America. Your government is in control. Here's Love Connection, watch this and get fat and stupid. By the way, keep drinking beer, you fuckin' morons.'"


Hicks had no mercy on his fellow comedians, especially a simpering demagogue like Jay Leno:
"It all started when he did the Doritos commercial. Here's the deal, folks. You do a commercial, you're off the artistic roll call forever. End of story. Okay? You're another corporate fuckin' shill. You're another whore at the capitalist gangbang...If you do a commercial, there's a price on your head. Everything you say is suspect. Every word that comes out of your mouth is like a turd falling into my drink."
Has that little piece of humorous commentary aged one minute since 1993? Everyone else is just following Leno to the bank. They don't even think about it anymore. I mean, who cares if Leno "betrayed" Conan O'Brien when Leno came back to the Tonight Show? They both betrayed themselves first. What O'Brien stands for is Bud Light, iPhone, American Express and whatever else he's endorsed. What's to betray? O'Brien even tried to make fun of himself for taking the money in his Bud commercial, as if Ivy League snark immunizes you from being thrown off the artistic roll call forever. Nope. It's just another turd in Bill Hicks' drink, and that's where the industrialist/capitalist scumfucks want their corporate comedy.

++++++++++++++++++++

Why the NFL Would Do Us a Favor by Canceling the Upcoming Season
By ROBERT LIPSYTE

There's nothing like a little dust-up between millionaires and billionaires to start us thousandaires yawning. And when the upcoming pro football season is in danger of being cancelled because of it, we're likely to say: a plague on both your mansions.

Too bad, because the current struggle between labor and management in the National Football League not only reflects the current attacks on unions across the country but conjures up, even if in cartoon fashion, some crucial American issues: racism, classism, sexism, recreational violence, and the health-care gap. No wonder football seems to have replaced baseball as the national pastime.

While the legalities of, and mathematics behind, the issues at the heart of the NFL dispute may be complex, the basic issues are not. The league's owners cry economic woe, while refusing to open their books. They insist on adding two games to the present regular season of 16 games and at the same time are trying to reduce the players' share of revenues. Moreover, they have been remarkably unwilling to guarantee long-term health benefits to the players, even as evidence mounts that dementia and early death are linked to the sort of brain trauma commonly suffered in football collisions.

It's not exactly a fair fight, which of course is why unions were invented. It's estimated that half of the NFL owners are worth at least a billion dollars each, while slightly less than half of NFL players make more than a million dollars annually. The average player's career lasts fewer than four years.

Most traditional sports media -- while claiming to represent those thousandaires, the fans -- have framed the battle as one between rich, greedy young men versus very rich, very greedy older men. The young men, so goes the present media line, were overpaid in the good times, and now, like everyone else, must give back in the economic bad times for the sake of the game. Not surprisingly, this greedy v. greedy take on a football dispute, which threatens the upcoming season, is hardly likely to engage the empathy of TV viewers who just want to watch the game as a respite from joblessness, foreclosure, or the problems that come from inadequate health insurance.

In case you haven't noticed, this isn't all that different from the way the larger labor struggles of American society have been framed recently. Greedy, overpaid municipal employees, for example, watching the clock until their bloated pensions and benefits kick in, are bleeding beleaguered governments supported by the rest of us. Okay, your basic offensive lineman isn't exactly like a beleaguered teacher or nurse, but the key element of the plot to destroy his ability to bargain collectively against more powerful forces is the same: make him the alien other, make him different from us.

Losin' That Lovin' Feeling

Back when we thought professional athletes were merely bigger and stronger versions of ourselves and the teams they played for were extensions of our pride of place, labor unrest in sports was personal and painful. Fans wondered how a player could hold out for more money when they would have played the game for free. How could a league threaten to cancel a season? Didn't it know the games gave rhythm to their lives?

In more than 50 years covering sports, I find the most striking change is in the attitude of fans toward the athletes. Fans have, I suspect, lost most of the emotional attachment they once had for "their" players and much of the old extended-family feeling toward their teams as well. And there's some justification for that: they've been hurt too many times by callous trades, players selling themselves to the highest bidder, bad behavior of every sort, and franchises simply picking up and moving elsewhere.

But there's something larger going on as well, echoed by the seemingly successful latest attacks on organized labor highlighted by the recent demonstrations in Madison, Wisconsin, and in the creation of the Tea Party League by those seemingly everyday folk who just happen to be funded by the same kind of robber barons who blackmail cities and states into paying for their ballparks.

Whether you're a TPL or an NFL fan (or both), the odds are increasing that you've lost connection to the players and instead begun to identify with the powerboys, the owners, whether of the corporate nation or the National Football League. This is hardly a phenomenon that began with sports, but it's vividly accessible in the simpler, more clear-cut world shaped around the player-owner-fan dynamic.

I first saw it revving up while covering our previous national pastime, baseball. In 1957, the year I joined the New York Times' sports department, two of the city's three baseball teams, the Dodgers and the Giants, decamped to California for better stadium deals. Brooklyn Dodgers fans seemed most bereaved and outraged. The team's players had often lived in their neighborhoods. Their vicissitudes had made possible conversations that crossed the usual class and racial divides. In churches and temples, clergymen led prayers to end losing streaks. Brooklyn was proud of its progressive history -- only 10 years earlier, Jackie Robinson had broken the major league color barrier at Ebbets Field. More African-American players soon joined him.

This was not the first franchise shift (Boston, St. Louis, and Philadelphia had all moved earlier in the 1950s) but this one got the most attention, perhaps because even then there were so many fine writers and academics in Brooklyn. The discussion has never abated.

The flight from Brooklyn to Los Angeles became a symbol of fan betrayal.

It was in those last months before the move, when the heckling from the stands grew vicious, that I first sensed the old order beginning to fracture. Those were, of course, just the initial fissures. Since then, the economic and social gap between fan and jock has widened to a yawning abyss as the millionaires and billionaires appeared and sports stadiums increasingly became the preserves of those wealthy enough to fork over staggering sums for seats.

Meanwhile, the financial value of sport teams escalated and the role of sportswriters as information couriers between players and fans became increasingly obsolete. TV freed athletes from needing print journalists to present them to the public, and most TV sports journalists -- the Daily Beast writer and editor Bryan Curtis has called sportscasting "a halfway house for half-wits" -- were thrilled to remain part of the show on the industry's terms.

Celebrity Sports Writing

From the athlete to the owner, sports increasingly became a matter of branding. Athletes could work to control their images through ads and paid appearances. Nowadays, blogs, tweets, and Facebook pages give teams and athletes direct access to fans. They can announce (and spin) their own news. There are tightly-controlled and infrequent mass media conferences. One-on-one interviews are negotiated with agents and public relations advisors. Sports writing has become another department of celebrity journalism.

Attempts at progressive activism within sports tended to be co-opted by cash; product endorsement money (think of those Nike ads) has usually kept even socially conscious athletes quiet. Few successful watchdog organizations were ever formed, though Ralph Nader's revived League of Fans may be something to keep an eye on. Its first public statement was a call for the end of college athletic scholarships, a fundamental building block of the pro game.

The violent excitement of football, its aggressive marketing, and the solidarity of the owners -- many of the more recent ones new-money entrepreneurs -- were all factors that helped push the game past baseball in audience and revenue. It captured the techno-smashmouth-imperialism of an empire that didn't quite know it was fading. Every mad-dog linebacker was an avatar for hedge-fund managers.

Some days I think that the worst-case scenario -- no National Football League games this year -- might be a blessing, especially if it were extended down through college and high school into the peewee leagues. It would be a year in which we could study those leading American issues that football vivifies so well.

Take lack of proper healthcare. No one is discussing steroids at the moment, although the freakish size and musculature of so many players would seem to indicate either the arrival of ever more sophisticated performance-enhancing drugs that escape detection or testing that is less rigorous than we have been led to believe.

The most pressing immediate concern, however, is head trauma. It usually becomes apparent years after retirement, but it begins in childhood when pounding on more vulnerable brains leads to lasting damage. A year off would give everyone a chance to let the steroids drain out and the testing for head injuries (even among youngsters) begin.

The classism and racism in pro football is almost too obvious to be worth mentioning. That the players are now predominately African-American, many of them sons of the underclass, may make this revolt of the gladiators even harder for the entitled white, ego-driven plutocrats -- not to mention the fans, predominately white and ever more likely to identify with the positions of the owners in this dispute. Otherwise, how do you explain the phenomenal expansion of the fantasy leagues in which every fan gets to be both owner and general manager of his or her own team?

And of course, it hardly needs be said that sexism remains pernicious, ranging as it does from those endless filler shots of hottie cheerleaders to a continuing pervasive discrimination against female college athletes which is frequently an attempt to protect the existence of large college football teams. Title IX, the federal law mandating fair play for women, requires an equity between male and female athletes. To balance their 100-plus squads of football players, college athletic departments routinely lie about the number of varsity female athletes they support.

And then there's the violence, on field as well as off (about 20% of NFL players have arrest records, according to articles and a book by investigative reporters Jeff Benedict and Don Yaeger); and don't forget in the living room -- domestic abuse hotlines light up after big games. Is it the gambling, the liquor, the testosterone?

Maybe we should be rooting for the labor impasse after all, at least through the coming season, during which we could learn some new football cheers:
Drain those steroids! Scan those brains! Open those financial books! Hit... softer!

Tuesday, March 29, 2011

NFL Players and Owners at an Impasse

A Cloud of Dust
By DAVID MACARAY

Within hours of the NFL’s collective bargaining talks breaking down, the owners initiated their anticipated Plan B, locking out the players (on March 12). And it wasn’t long after the lockout was announced that TV sports commentators began criticizing both sides for having “given up too soon.”

They chided both the team owners and the NFLPA (National Football League Players Association) for abandoning negotiations after utilizing a FMCS (Federal Mediation and Conciliation Service) mediator for “only sixteen days.” Those sixteen days of mediation were alluded to in utter disbelief, as if common sense told us that sixteen days weren’t anywhere near long enough.

What these commentators didn’t seem to realize is that union-management disputes aren’t like diplomatic negotiations or congressional hearings. This wasn’t a summit meeting between North and South Korea, where, after sixteen days, they’re still arguing over the seating arrangements.

Union-management negotiations are a whole other deal. Because labor disputes are all about money (as with the NFL, where the two sides are at odds over the players’ share of total revenue), and tend to be brutally direct, there is very little foreplay—and virtually none of the pompous rhetoric and public grandstanding we’ve come to associate with politics and diplomacy.

Sixteen days with a federal mediator in the room? That’s an eternity. If NLFPA executive director DeMaurice Smith were candid, he’d likely tell us that fourteen of those days were a total waste of time.

During a strike I was involved in some years ago, we met with an FMCS mediator (an ex-Steelworker rep named John Courtney) a grand total of three times. The first meeting lasted four hours and it occurred two days before we shut down the facility; the second occurred a month later, and it lasted eight hours; and the third and final meeting occurred on the 56th day of the strike. We spent 22 consecutive hours at the table before reaching a tentative agreement.

With all due respect to Courtney and his boss, Sam Sachman (who joined us at 11:00 P.M. on the final night), mediation played a very small part in the process. Although the mediators put their hearts into it, neither side paid much attention to them. What ended the strike—what got the union to return to work after 57 days—was the same thing that ends most strikes: the combination of austerity, fatigue, despair and resignation.

As for the football dispute, it will be surprising if it continues beyond the next two or three weeks. For one thing, there’s simply too much money to be made (and lost) by both sides. After all, this is a battle between millionaires and billionaires. For another, April 28 is college draft day, and the closer they get to that date, the higher the sperm count will be raised. The NFL doesn’t want to see the draft come and go without a settlement.

On March 22, the League made a slight tactical blunder when Commissioner Roger Goodell ominously suggested that the owners’ last offer “may not be on the table” the next time the parties meet. Besides Goodell having no business posing as an objective third party (he clearly represents the owners, who hired him and can fire him), his remarks scared no one. All he did was antagonize the Players Association.

When management puts a good faith offer on the table, they’re not only announcing to the union that it’s an agreement they can live with, they are, in effect, exposing their hand. They’re showing the union exactly what they consider important, how much they’re willing to pay, how far they’re willing to move, and what they’re willing to give up.

And you don’t go backwards. Management can’t suddenly withdraw that offer and pretend it never existed simply because they’ve grown impatient. They can’t pretend that the union’s negotiating team hasn’t already etched the terms of that offer indelibly on their brains….not if they’re serious about reaching a settlement.

Roger Goodell’s pathetic threat only succeeded in further alienating the players; and given how sensitive these bargains can be, that’s the last thing he wanted to do. Some advice for the commissioner: Stick to your administrative tasks, and leave the negotiating to the negotiators.

Friday, March 25, 2011

Owners' Lock Out of NFL Players Raises Some Big Questions

Public employees in Madison and professional football players in Green Bay both face powerful and hostile managements trying to undermine their unions.
By David Morris, AlterNet
on March 24, 2011

What do public employees in Madison earning $40,000 a year and professional football players in Green Bay earning $1.5 million a year have in common? They both face powerful and hostile managements trying to undermine their unions.

The battle between labor and management is always uneven. Up until the 1930s management didn’t even have to negotiate with its workers. Owners could fire union organizers. Courts routinely declared unions an illegal “restraint of trade” and ruled that by trying to negotiate collectively unions were violating the “contract rights” of individual employees and giant corporations to freely negotiate salaries and working conditions.

Only in 1937 did workers finally gain the legal right to form unions and bargain collectively. Corporations were legally required to bargain “in good faith”. Congress established the National Labor Relations Board (NLRB) and gave it judicial authority to enforce labor rights. The NLRB did so enthusiastically for the first few decades, modestly in the 1970s, and not at all after Ronald Reagan took office when he nominated, and Congress confirmed as Chairman of the NLRB Donald Dotson, a man who viewed collective bargaining the way 19th-century courts did, as “the destruction of individual freedom, and the destruction of the marketplace as the mechanism for determining the value of labor”.

Public service unions came of age when private sector unions were strong and the word “union” was a respected word. It was a time when Republican Dwight D. Eisenhower could announce, with widespread approval, "Only a fool would try to deprive working men and women of their right to join the union of their choice."

But even when unions were respected by society as a whole, they were rarely as respected by employers, public or private. Only in 1959 did Wisconsin become the first state to allow collective bargaining by public employees at the local level. In the South, public employee unions had to struggle for recognition, especially when they were composed largely of blacks.

We might recall that when Martin Luther King Jr. was assassinated in Memphis in April 1968 he was there to support a strike by sanitation workers. Two months earlier two black sanitation workers had been crushed to death when the compactor mechanism of the trash truck was accidentally triggered. In response to the tragedy, the city’s sanitation department gave each of the grieving families one month’s pay and $500 for funeral expenses. No one from the city government attended the funerals.

On February 12, 1968 more than 1,100 black sanitation workers began a strike for job safety, better wages and benefits, and union recognition. King's assassination did not dissipate the workers’ struggle for dignity. As Taylor Rogers, one of the strike’s organizers recalled, “If you stand up straight, people can’t ride your back. And that’s what we did. We stood up straight.”

The sanitation workers won. Their contract included union recognition, higher wages, a dues check-off, and the updating of the antiquated sanitation equipment. Another practice that had infuriated black workers—sending them home on rainy days without pay while white supervisors stayed and collected a paycheck—was also ended.

A Brief History of the Football Players Union

Professional football players also began to organize when private sector union density was at its peak. But neither the respect of neither unions nor the law convinced the team owners to negotiate. In 1956 players on the Green Bay Packers and Cleveland Browns formed an association and made minimal demands on their team owners: a minimum wage, per diem pay to cover expenses and, believe it or not, a request that the teams pay for their uniforms and equipment!

The owners never met with the players and refused to respond to any of their proposals.

As would be the case for the next 40 years, the players turned to the courts for help. The U.S. Supreme Court ruled that the NFL did not enjoy the same antitrust immunity that Major League Baseball did, opening the door to many NFL rules that limited player mobility and negotiating power to be viewed as illegal restraints of trade. Rather than face that prospect through another lawsuit, the owners granted several of the players' demands, including setting up a minimal pension plan. But the owners refused to enter into a collective bargaining agreement with the association.

In 1968, threatened by the possibility that the players would join the powerful Teamsters union, the owners said they would recognize the NFLPA if the Teamsters were rejected. The players did, but the owners reneged on their promise. The players voted to strike. The owners countered by declaring their first lockout. A few days later the owners relented, but the concessions won by the players were modest. According to Wikipedia, the owners agreed to contribute about $1.5 million to the pension fund but maintained current minimum salaries at $9,000 for rookies, $10,000 for veterans and $50 per exhibition game. The owners refused to allow for independent arbitration of player-management disputes.

In 1970, after the NFL and the AFL merger, their two players’ unions also merged. After a brief lockout, the players went on strike. They returned two days later when the owners threatened to cancel the season. The players did, however, gain the right to bargain through their own agents with the clubs and impartial arbitration but only for injury grievances. They gained some improvements in basic salaries and pensions, and dental care. Following negotiations, the owners retaliated by letting go many union player representatives from their teams.

In 1963, NFL Commissioner Pete Rozelle had unilaterally imposed what became known as the Rozelle Rule. The timing was instructive. That was the year after he negotiated the NFL’s first broadcast contract with CBS--$9.3 million for two years. Each team began the season with $332,000 in the bank, a sum greater than most teams’ payrolls at the time. Thus all teams were guaranteed a profit even before they sold a single ticket or played a single game. Flush with cash, the team owners could have started a bidding war if players were free to sell their services to the highest bidder. The Rozelle Rule all but eliminated free agency by allowing any team that lost a free agent to another team to receive something of equal value from that team. Few teams were willing to risk signing a high-profile free agent only to see their own rosters depleted.

Coincidentally but not accidentally, the agreement by the NFL owners to share national broadcast revenues equally not only opened up the specter of higher player salaries; it also raised the possibility of future Green Bay Packers---non-profit teams in small cities owned by their fans. So in 1963 the League also adopted a rule banning any further such ownership structures.

In 1974 the players again went on strike, this time focusing on the hated Rozelle Rule. The players rallied under the banner, “No Freedom, No Football” but gave up six weeks later. They again turned to the courts for help.

In 1977 John Mackey of the Baltimore Colts became the first NFL player to successfully defeat the League owners in court. Along with 35 other NFL players, he challenged the validity of the Rozelle Rule. The owners argued that the rule was part of a collective bargaining agreement and therefore exempt from antitrust law, a legal argument that, as we shall see, has played an important role in player-management conflicts. The court disagreed, concluding the Rule was not the product of good faith bargaining but had been forced upon a weak players union.

The owners reached a settlement with the union. Impartial arbitration of all grievances was implemented. Some free agent restrictions were ended. But the League’s new version of free agency was almost as restrictive as its first. Indeed, from 1977 to 1987 only one player changed clubs out of the thousands of free agents who were eligible.

In 1982, the players again took on free agency. They went on strike for 57 days. The owners refused to budge. One reason was that their TV contracts with the networks, which provided about 60 percent of the owners' income, guaranteed they would be paid whether games were played or not. The players capitulated.

In 1987 the players again tried to allow individual players to enter a true marketplace for their talents. When no progress was made in the negotiations after two weeks of regular season play, the players voted to strike. The league responded by canceling games and hiring replacement players. The strike was broken. The union voted to return to work.

The day the strike ended, the players once again turned to the courts. The NFLPA filed an antitrust suit in Federal Court. The Court of Appeals ultimately rejected that suit. You might have to be a lawyer to understand the logic, so read closely. The Supreme Court held that even in the absence of current collective bargaining agreement, as long as a bargaining relationship still exists the antitrust immunity holds. In other words, so long as collective bargaining was deemed to be continuing, the antitrust law could not be invoked. The Chief Judge presciently dissented, noting, “this court’s unprecedented decision leads to the ineluctable result of union decertification in order to invoke rights to which players are clearly entitled under the antitrust laws.”

Gabriel Feldman, law professor at the Tulane Sports Law program explains, “Essentially, players are required to choose labor law (and collective bargaining) or antitrust law (and individual bargaining and litigation). If the players choose labor law, an antitrust shield is raised that prevents them from attacking NFL rules under the antitrust laws. To lower the shield and choose antitrust law, the players must end the collective bargaining relationship.”

Forced to make this choice, in December 1989 the players voted to end the NFLPA’s status as the players’ collective bargaining agent. The NFLPA then re-formed as a voluntary professional association.

Since the NFLPA no longer represented the players in collective bargaining, individual union members were free to bring an antitrust action against the NFL challenging its free agency rules as an unlawful restraint of trade. A group of players, led by New York Jets running back Freeman McNeil filed suit challenging the restrictions on free agency. An all-woman jury in Minnesota heard the case in 1992. Pat Bowlen, owner of the Denver Broncos complained to the Rocky Mountain News that he didn’t want “eight women who are basically domestic housewives to decide the future of the National Football League.”

In 1992, they did by ruling in the players’ favor.

That verdict and the threat of a class action suit filed by Philadelphia Eagles player Reggie White on behalf of all NFL players brought the parties back to the negotiating table. Under the auspices of U.S. District Court Judge David Doty, the NFL finally agreed on a formula that permitted free agency. In return, the owners demanded and received a salary cap, albeit one tied to a formula based on players' share of total league revenues.

Once the agreement was approved the NFLPA reconstituted itself as a labor union and entered into a new collective bargaining agreement with the league. Players won unrestricted free agency for the first time and were guaranteed a higher percentage of major league revenues in return for giving the owners a salary cap on payrolls.

The NFLPA and the league have extended their 1993 agreement five times, most recently in March 2006 when it was extended through the 2011 season after the NFL owners voted 30-2 to accept the NFLPA's final proposal. In 2010 the NFL exercised its option to terminate that contract, effective March 3, 2011.

The NFL owners had an ace up their sleeve. Just as they had in 1982, in 2010 they had signed a contract with broadcasters—CBS, ESPN, NBC, and Direct TV—such that the NFL would accept significantly lower revenue in return for a guarantee that it would receive about $4 billion even if the season were not played. This was designed to give them enormous bargaining leverage.

Two days before the lockout, Judge Doty ruled that by insisting on this lockout provision as part of the broadcast contract, and by agreeing to take significantly less money in return, the NFL had breached its collective bargaining agreement with the NFLPA, an agreement that required both parties (players and owners) to act in good faith to maximize total revenues that both parties would receive. That stripped away, at least for the time being (the owners have appealed), the owners' $4 billion lockout fund.

They locked out the players anyway. The NFLPA sued, asking for the courts to issue an injunction ending the lockout. A hearing on the issue will be held April 6. Meanwhile the union has again decertified, again to allow its players to challenge the owners under the antitrust law. The owners have filed a complaint to the NLRB, arguing that the decertification is an unfair labor practice.

And that’s where things stand today.

Millionaires vs. Billionaires?

Currently the revenues are split about 50-50 between players and owners. (The net revenues, after the owners subtract some of their expenses from the total, an amount worth more than $1 billion in 2010, are split 57-43 in the players’ favor, a percentage you often read in the media.) The owners want the players to give back about $1 billion that is coming to them under the 2008 contract.

The owners argue that while the players’ percentage will decline, the amount they receive will not if they agree to another of the owners’ demands: extending the regular season to 18 regular games. The current schedule has 16 regular season games, up from 14 in 1977 and 12 in 1960.

Another issue is whether to cap the rookie’s pay scale and if so, what to do with the money saved. Both the players and the owners agree that there should be a rookie pay cap. But the players want half of the estimated $200 million in savings put toward retired players and the other half toward veteran players. The owners want to keep the money.

The media so far is describing the labor battle as millionaires fighting billionaires. And it is true that the median salary across the NFL is a handsome $1.4 million a year. The rookie minimum is $310,000.

But the length of an average NFL player’s career is only 3.6 years. And even a short career takes a heavy toll on their bodies. The owners watch from cushy seats in heated skyboxes. The players are down on a hard, cold field, engaged in a very violent game. In 2010, 350 players were on the injured reserve list for an average of nine and a half games.

At the Superbowl we watched Packer star cornerback Charles Woodson exit the game with a broken collarbone, Packers cornerback Sam Shields leave with an injured shoulder and Steeler star receiver Emmanuel Sanders sit out almost the whole game with a foot injury. Green Bay’s quarterback, Aaron Rodgers, has suffered two concussions this year. The announcers noted he now wears a special helmet.

Each professional football player now has a l0 percent chance of sustaining a concussion in a given season. Mild traumatic brain injury (MTBI), the medical term for concussions, has become the most common specified type of injury in pro football, occurring nearly twice as often as hamstring strains.

The Centers for Disease Control estimates that l5 percent of patients diagnosed with MTBI experienced disabling problems on a “persistent” basis.

The long-term health risks associated with NFL injuries include a significantly increased likelihood of Alzheimer’s or dementia.

A 1994 study of 7,000 former players by the National Institute of Occupational Safety and Health found that football linemen have a 52 percent greater risk of dying from heart disease than the general population.

Essentially, the quality of life of an ex-football player is likely to be diminished from his life on the field. Even more damning, the quantity of his life will also be diminished. The average NFL player who plays for more than five years has a life expectancy of 55 years. If he is a lineman this drops to 52 years. U.S. life expectancy overall is 77.6 years.

To my knowledge, there have been no studies of the life expectancy of NFL owners. But since life expectancy is correlated with wealth it is likely they live longer than the rest of us.

Since a professional football player’s tenure is so short and the probability of debilitating injury so high, a key issue in labor negotiations is the level of medical benefits and pension. NFL pensions are skimpy. The pensions are vested only after four years. (Recall that the average player’s career lasts only 3.6 years.) Even long-term players receive little, especially in comparison to other professional sports leagues like major league baseball. According to former cornerback Bernie Parrish, Major League Baseball pays average pension benefits three times higher than those offered by the NFL: $36,700 vs. $12,165.

Former Packers guard Jerry Kramer gets a pension of $358 per month. Willie Wood, who helped Vince Lombardi win five championships during Wood’s 12 seasons, is now in a wheelchair. He receives a pension of $2,000 a month.

Baseball’s gross income is about $4.3 billion. Last year the NFL grossed over $7 billion. As Parrish says, “There is no excuse not to have the NFL retirement benefits matching MLB’s.”

As for medical care, only in 2007, after enormous public pressure and congressional hearings about the disabilities of professional football players, did the NFL create the “88 plan”. The number refers to the number worn by John Mackey who played for the Baltimore Colts in the 1960s, was the first president of the NFLPA, and was one of those let go by his team because of his role in the 1970 strike. It is also the amount the NFL currently pays for institutional care for an ex-player suffering from Alzheimer’s or other forms of dementia: $88,000.

It is possible the issue of disability benefits and medical care will be decided, as have so many other issues, in the courts. An increasing number of NFL players are suing the NFL on these issues. A class action suit would have a powerful impact.

The football players union is not perfect. For one thing, it hasn’t represented well the interests of all its members, focusing instead on enabling ever-higher salaries for its current players. Some 50 years ago the team owners agreed to share equally the network broadcasting revenue but the players have yet to divide up their collective revenue more fairly between current players and retirees.

The NFLPA can also be criticized for not using its member’s fame and influence to assist other workers. NFL stars do not walk the picket lines when other workers strike. They do not honor the picket lines of other workers. This has been starkly emphasized in Madison. To their credit, six members of the Green Bay Packers did sign a letter of support for the public employees that maintained, in part, “When workers join together it serves as a check on corporate power and helps ALL workers by raising community standards.”

But no Packer stars or even, to my knowledge, players in the starting lineup at the Superbowl, have made public their support for other Wisconsin unions.

Indeed, the NFLPA shies away from the word, union. Instead, it calls itself an association. Probably because they believe union has disagreeable connotations in modern America where less than 12 percent of the workforce belongs to a union. Given the polls about public support of unions after the Madison uprising, they might want to reconsider that belief. The word "union" projects a strength and unity of purpose that "association" lacks. And that strength and unity will be crucial when faced with the power and influence of 32 team owners with collective wealth over $40 billion.

Tuesday, February 15, 2011

NFL Owners vs. Players

(I've been a pro football fan since I was 4--some would call my past fandom somewhat obsessive--but even though today, I am nowhere near the level of fan I was as a kid or even in the 1990s, I will stop watching pro football completely if they let their labor issues cancel the 2011 season. Completely. 

In 1994, due to the MLB Strike, the World Series was canceled for the first time since 1904. At the time, baseball was nipping at the heels of pro football (#1) as America's solid #2 spectator sport. After the strike, MLB sunk to the #4 sport behind the surging popularity of the NBA (the only sport that never seems to have labor issues), and the expanding NHL. MLB is currently the #3 spectator sport behind the NFL and NBA. (currently ranked as follows: NFL#1, NBA#2, MLB#3, NASCAR#4, NHL#5)

But in 2005, the NHL, which had seen huge gains in its popularity since the late 1990s, including a large network contract with ABC/ESPN, even briefly challenging the NBA as the #2 spectator sport, canceled its entire 2005-06 season due to a lockout. All the popularity gains they had made the previous decade were instantly erased, and in fact, the NHL actually fell from the #3 spectator sport down to #5, having since been eclipsed by NASCAR as America's #4 spectator sport. In the years since, the popularity of the NHL has remained stagnant, proving that losing an entire season is nearly unrecoverable, as far as fans interest is concerned.

And now the NFL, firmly entrenched as the nation's #1 spectator sport since the late 70s, has made the ill-advised decision to lock out its players in March 2011 if an agreement on a new collective bargaining agreement can't be reached. Learning nothing from the labor struggles of its fellow pro sports leagues and arrogantly considering their product beyond reproach to its fans, the NFL risks its popularity as the #1 spectator sport for the past 3 decades, opening the door for the NBA--a league that has had no labor issues since the 1970s, and whose popularity among the fans has never waned since it surpassed baseball in the 1990s--to become the most popular spectator sport in the country. Considering that the NHL still has not recovered from its 2005 lockout, and how long it took for baseball to recover from its cancellation of the 1994 World Series, the NFL will most likely tumble in the eyes of its fans, who are for the most part blue collar workers who are suffering the most during this prolonged economic downturn, with no end in sight. Fans will still watch college football and the other pro sports while the NFL stubbornly sticks to shooting its own wheels off. Screw them then.

In this economy, when the bulk of their fans face foreclosure, unemployment, rising healthcare costs, and the litany of Recession-era setbacks, millionaires and billionaires arguing over slivers of pie offends most people, including me. If they had a PR dept worth a fuck, they would put off this CBA negotiation until the economy recovers for all of us, not just the corporations and banks. Though I don't endorse either side, there would be no league without the players. The owners pay the bills but they earn the bulk of the profits, too. Lock out the players, lock out the fans. I'm done as an NFL fan if they cancel 2011.--jef)

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Three Myths About Professional Athletes and Their Unions
By DAVID MACARAY

With the NFL’s contract set to expire on March 3, and rumors of a lockout gaining momentum, fans are not only wondering if there will be a 2011-12 football season, they’re already blaming the NLFPA (National Football League Players Association) for this predicament. For whatever reason, it’s the players and their union who usually get blamed in these disputes. Rarely do fans direct their hostility toward the owners.

Correspondingly, it’s amazing how many people still believe that professional athletes didn’t coalesce into labor unions until relatively recently—during the turbulent 1960s—and that these collectives were formed as a result of collusion between greedy sports agents, opportunistic lawyers, and militant athletes.

But sports unions have been around for over a century. The Brotherhood of Professional Base Ball Players (note that “Baseball” was two words) was established way back in 1885, during Grover Cleveland’s first term as president. Professional athletes formed their own union while this country was still in the horse and buggy era. Indeed, the first Model T Ford wouldn’t roll off the assembly line for another 23 years.

There’s no shortage of myths about pro athletes, their wages, and their unions. Here are three of the most common:

Myth #1: These guys don’t need a union.

For openers, if they didn’t have a union, they wouldn’t have minimum salaries, defined pensions, guaranteed work rules, or grievance procedures. They wouldn’t have these things because they wouldn’t have had the muscle to obtain them. Professional athletes need a union for the same reason nurses, airline pilots and autoworkers need one. Without a union, they’d be at the mercy of the owners.

And if you trust team ownership, you haven’t been paying attention. In 1990, major league baseball’s owners were found guilty of collusion, a felony, and fined $280 million. Team owners are sharp-eyed, hardbitten businessmen, not sports dilettantes. Just as defense contractors plunder the U.S. treasury while waving the American flag, team owners like to pretend they’re performing a public service rather than engaging in naked commerce.

Moreover, management’s argument that high salaries are a threat to “small market” teams is disingenuous. First of all, where is it written that there should be an unlimited number of professional teams? For 90 years major league baseball flourished with only 16 teams. Secondly, why are those same free market fundamentalists who object to subsidies and regulations now worried that the Pittsburgh Pirates may face extinction? It’s the inexorable Law of the Market, boys, and you can’t have it both ways.

Myth #2: They make too much money.

In a perfect world, school teachers, social workers and existential poets would earn more money and wield more prestige than men who can hit a moving baseball or catch a football. But it’s not a perfect world; and whether we like it or not, the entertainment industry (including music, TV, movies, professional sports) generates a staggering amount of revenue….billions and billions of dollars a year.

With raises the question of who should get the lion’s share. Should it be those with the demonstrable talent, the skilled individuals who actually perform—the singers, actors and athletes—or should it be the parasites who cling to the talent, who draw sustenance from it—the owners, studio executives and promoters? Also, it’s worth noting that the majority of team owners became wealthy through inheritance. These “jock-sniffers” (players’ derogatory slang for owners) bought their teams with daddy’s money.

Amazingly, pro athletes figured this out long time ago. In 1890, professional baseball players (most of whom were unsophisticated lads fresh off the farm) decided that they didn’t need to be owned. Unsophisticated as they were, they were shrewd enough to realize that while there were many things a baseball team required—uniforms, a field to play on, teams to play against, spectators willing to pay, etc.—being owned by somebody wasn’t one of them.

Accordingly, they went ahead and formed what was called the Players League, consisting of eight teams owned and operated by the players themselves. Besieged by threats and false promises, the PL lasted only one season (1890), but the establishment of this players’ co-opt was a revelatory moment in American labor history.

Myth #3: High salaries are why tickets cost so much.

This is perhaps the silliest myth of all because it ignores a fundamental principle taught in Economics 101: the law of supply and demand. Team owners will charge as much as the market will bear. Simple as that.

Does anyone really believe that team owners would charge less for tickets if their payroll were to suddenly shrink? That these owners would willingly seek less money for tickets than what they already knew they could get? Of course they wouldn’t, and to think otherwise is absurd. They would continue to charge all that the market will bear, regardless of team payrolls, because that’s the nature of commerce.

Also, who do you think leaks these exorbitant salary figures? It’s not the players or their agents, who don’t necessarily want fans or other players to know their business. It’s team management who publicizes them, hoping that John Q. Public will get angry at the greedy players instead of resenting the owners for raising ticket prices. TV revenue and $1 a year stadium leases assure that no NFL team can lose money, which is why, despite their whining, NFL owners have steadfastly refused to open their books for inspection.

So with the current dispute being a battle between the millionaires and the billionaires, the choice of whom to support seems fairly obvious. You support the people who matter, who actually contribute, who possess a demonstrable skill, who are, in fact, indispensable to the game. You support the players.