HGH Testing

Players strongly oppose HGH testing, while the league has become more and more vocal in the past few months about mandating it.  Although the Players Association insists that there is no room for performance enhancing drugs in the league and that they would be open to fair and accurate testing, NFLPA President Kevin Mawae points out that the current available test “is not completely reliable” because it only has a 48-hour window of detection versus the 14 day test that is being developed.  Seemingly counter-intuitive are claims by the U.S. Doping Agency, which insist that the current blood test is completely reliable.  While a urine-based test has been the preferred method due to its simplicity to administer and deal with, it is believed to be several years away from complete development.  It’s as clear as an empty syringe, that the players will deny the sanctity of the currently available test and just have to figure out a new argument a few years down the road when that urine test is generated.

Winner:  Players

18 Game Season

Players are vehemently opposing the lengthening of an already grueling 16 game regular season, plus the possibility of playoff games, while owners are reveling in the thought of it.  Dropping two preseason games, which fans find just as boring as a 0-0 tie in soccer (football for our international readers) and adding two meaningful ones, equals more money for the NFL from television networks, more money for teams from ticket sales, and additional food and beverage consumption at games…and two more weeks to have something interesting to write about for SportsAgentBlog.com!  What could be better?  On the other hand, players make a good point when they argue the safety side of the issue.  With only one week off for the season, the immense pressure that an NFL athlete’s body goes through is painstaking.   Growing up in South Florida, I’ve heard countless times the horror stories of Miami Dolphins great Zach Thomas, who takes an hour and a half to get out of bed every morning just because his body is that damaged from 13 seasons in the league.  Creating more games is just adding to the future pain.  However, NFL executive vice president Jeff Pash insists that the league has taken this into account and is looking into how to handle “offseason workouts…practice regiments, roster sizes, injured reserve rules, a whole host of things that could be part of an overall restructuring of the football calendar to address the injury concerns.”

Winner:  League (and fans!)

Rookie Wage Scale

This could be the toughest issue argued between players and the league, but interestingly enough, at the 2010 Annual Rookie Symposium in Carlsbad, California, not one player raised his hand when the floor was open for financial questions.  I guess that’s what agents are for.  The league wants to create a competitive balance, instituting lower salaries for rookies and a chance for teams to plan to build for the future, paying the proven veterans more money.  However, players want to score as much cash as quickly as possible, fearing that first or second year career-ending injuries could leave them not only jobless, but poor.  As of last Wednesday, the Players Association said that players would be open to taking $200 million out of the rookie wage pool and redistributing half to established veterans and the other half for retiree benefits.  However, instead of the current four season requirement before players are eligible for unrestricted free agency (and most first round picks usually go for a fifth), the players want to shave one year off.  I think coming to such a compromise is important, and what will eventually happen regarding this issue.  Also, I’d like to point out that this could affect whether or not college players declare early for the NFL, and if they play as hard in college as they do now.  Making money is the most important aspect of getting to the NFL, and preserving your career (especially if there are 18 game seasons) is how you make the most of it.  If there is less money guaranteed when coming in as a rookie, there will be little incentive for guys to stick around in college and endure the wear and tear that they will see in the NFL.  Leave school early and try to make it to the next salary level or stay in school and risk shortening your years as a professional….hmmmm.  Goodell the other executives need to think about how school and education will be affected before making a rookie wage scale decision.

Winner:  Both players and the league when a compromise is reached

The NFL and NFLPA will continue to go back and forth more times than heads in the stands at Wimbeldon.  But Mike Ditka made an excellent point on ESPN radio regarding the possibility of a lockout and the CBA:  “Don’t be greedy.”  Players and owners must realize that one cannot exist without the other, and if they do not come to a compromise, there will be no football in 2011.  Please, for the sake of die-hard fans and fantasy owners worldwide, do not let that happen.

Winner/Loser Predictions Re: NFL CBA Negotiations from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The answer may be a slotting system, but as NFLPA President Kevin Mawae states, if the players give in on a slotting system, the owners better be giving something back in return. The other major issue I see comes in the debate over what percentage of overall revenue the players should be entitled to. NFL players currently receive roughly 60%, amounting to a total of $4.5 billion each year, leaving owners about $4 billion. Mawae says that no matter what the issues are, the players remain united around Gene Upshaw (has the disunity subsided?).

Some other issues that are being discussed include: G-3 funding for stadiums, better benefits, easier access to treatment for retirees, pensions, bigger salaries, and guaranteed contracts. To be honest, I have always wondered how the owners get away with giving players these fake contracts that have little to no guarantee. Sure, football is a dangerous sport full of major contact on the human body, but shouldn’t that actually play as a strong point for guaranteeing a contract? If a player is going to give his all every Sunday, should he not be compensated for putting his life or future ability to walk in danger? Why do baseball and basketball players have their salaries guaranteed but football players struggle to get a small portion of their contract deemed as “guaranteed money”?

Most likely, the retirement and pension issue will get pushed to the side like it always is, in favor of talking about the sexy issues of revenue sharing and rookie slotting. There are many, including Leigh Steinberg, who will be upset if the NFLPA and the owners push the topic to the back of their agenda.

This NFL CBA Talk Could Take A While from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

• WMA must have heard that I call Dynasty, Sports Agency 2.0 [William Morris, Media Execs Create 'Agency 3.0'].
• The MLB draft is approaching…should the NBA be taking notes? [Building a better mouse-release]
• Clayton Kershaw is so hot right now [Dodgers Rookie Sensation Clayton Kershaw Signs Exclusive Collectibles Agreement With Steiner Sports].
• Freddy Adu Bids Hello To IMG [IMG Signs Freddy Adu].
• Derrick Rose to the Miami Heat? Perhaps BJ Armstrong will invite me to sit with him courtside for a game if Joey Dorsey truly has inside info [Draft Notes: The No. 1 question persists for Chicago].
• How many of these cheaper players will have their options picked up before July 1st? I’ll pay to see Chris Quinn somewhere else [NBA Teams Face Options Decisions].
• Kevin Mawae and Jay Feely are green with envy [Mawae: Big rookie contracts like Ryan's 'disheartening'].
• I am not buying this new intentional infliction of emotional distress claim [Clemens adds new claim to suit against McNamee].
• Back in 1992, Mitch Albom was being paid by the Detroit Free Press to knock down agents [Mitch flashback: Alan Trammell negotiated his own contract].
• Nice intentions, but I am full of doubt [WVU lawsuit against Rodriguez headed for mediation].

Shabbat Shalom: Friday Wrap-Up from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Matt Stover’s only comment was that the move was “interesting.” The important quote from Stover is, “We need Gene to be in full authority through the next CBA, even if it means going beyond his current contract. I just think we can have a orderly process that still gets his successor in place without undermining Gene. That’s where my heart is.”

Gene does not want to hear anything about a succession plan, though. And he may need to concede on that point if he truly cares about strengthening the union in preparation for a big battle against NFL owners.

“I’m not sitting here defending Gene Upshaw, but when you have Matt Stover, who is not even the president of the NFLPA — I think, it’s Kevin Mawae — making a decision that we all need to stand behind, it makes us not look like we’re a strong front and shows that we’re divided,” Texans veteran defensive end N.D. Kalu said. “And that doesn’t look good when you’re negotiating, because whoever the NFLPA negotiates against or with, they are going to know we are divided on certain issues.”

More On The Upshaw Upheaval from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Gene Upshaw has always had his critics. Many think that he does not do enough to ensure fair compensation for retired players. Others think that he has been stubborn and not promoted policies to allow for greater care of players on the field, where they are prone to massive concussions. Whatever your beef may be with Mr. Upshaw, it seems like he is on his way out. But should the public really be gaining this information via the Baltimore Ravens place-kicker? Not only that, but Kevin Mawae, the new active-players leader, refuted Stover’s letter, saying that there are no plans to replace Upshaw. More disagreement followed when Brian Dawkins seemed to back the idea that there is currently a search for Upshaw’s replacement. What does a PR expert like my pal Joe Favorito think about that? This should all be happening behind the scenes. Honestly, you and I should not have any idea that any of these talks were going on unless we represented one of the players involved in the decision making process.

Now might not be the best timing for such information, either. I cannot believe that news of a possible Upshaw ouster can help the recent press about the NFL possibly heading toward a lockout at the end of the 2010 season. 130 NFLPA registered agents have been formally warned that the CBA may end two years early, with the possibility that it won’t be renewed or replaced in time for the 2011 season. It would also make the 2010 season an uncapped year. Hear that? No salary cap in 2010. It’s not official yet, but agents need to be kept on guard that talks are going on behind the scenes.

Problems with unity within the players’ union and the possibility of a lockout coming out at the same time. What’s going on with America’s sport?

America’s Staple Sport On The Verge Of Crisis? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules