The main issue in CBA negotiations has, and will be, the percentage of NFL revenues to player salaries.  Other major concerns include, NFL rookie salaries and the legal inability of franchises to recoup signing bonuses from players who breach contracts or refuse to perform.

The authors of the article take the position that the owners cared so much about labor peace and preventing a potential labor stoppage back in 2006, that they agreed to a CBA that had unfavorable terms.  There is a thought that former NFL Commissioner, Paul Tagliabue, lobbied ownership to accept the deal because he wanted his legacy to be that he presided over almost two decades of uninterrupted labor peace.

Many pages are dedicated to providing a formal history of the NFLPA, its major players, and the numerous legal actions it has been a part of over the years of its existence.  It certainly is not a short read, but I believe that it is important to have a good understanding of the history of negotiations between the NFL and the Players Association in order to have a full grasp on what is going through the minds of the bargaining parties today.

The use of media by both sides of the negotiation table is nothing new.  In fact, it was heavily used in the NHL’s battle with the NHLPA earlier this decade.  It is also being heavily employed by the NFL and the NFLPA during this round of CBA negotiations.  This time, new media in the form of blogs and Tweets are involved, as well.

In such contentious negotiations, it is very difficult, and sometimes impossible, to determine which side has a better case.  And at the end of the day, it does not matter; everyone suffers if a season, or part of a season, is lost due to a labor battle.  Is the NFL bargaining in good faith?  Should there be a rookie salary cap?  Does the union truly have all the financial information it needs to bargain?

Interestingly, when the authors released the piece, they wrote that there is no need to create artificial deadlines, “as  these will obstruct the natural development of negotiations between the parties.”  DeMaurice Smith certainly did not agree, as the NFLPA had an “internal deadline” for agreeing to a new CBA, which apparently has already passed.  Going back to my previous point about new media, check out where the news was posted – on the League’s own blog focused mainly on labor issues.

Skip to the end of the IPLJ article and you will see the authors’ predictions, which includes the belief that Ownership will lockout the players.  And then there is decertification talk, which has been gaining momentum as of late.  Every NFL team has approved of a plan to decertify the NFLPA if there is not a new CBA agreed to by March 3, 2011.  I assume that the date is subject to change.  Decertification would mean that the NFLPA is no longer a union; players could then sue the league under an antitrust claim.

Will There Be A 2011 NFL Season? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

2008 Veteran Signings

• Bernard Berrian, WR, (Minnesota Vikings): Signed a 6-year, $43.4 million contract
• Derek Anderson, QB, (Cleveland Browns): Signed a 3-year, $24 million contract
• Ryan Grant, RB, (Green Bay Packers): Signed a 4-year, $20 million contract
• Michael Turner, RB, (Atlanta Falcons): Signed a 6-year, $34.5 million contract
• Flozell Adams, T, (Dallas Cowboys): Signed a 6-year, $43.8 million contract
• Asante Samuel, CB, (Philadelphia Eagles): Signed a 6-year, $57.14 million contract

2008 Rookie Signings

• Jake Long, OT, (Miami Dolphins, 1^st Overall Pick): Signed a 5-year, $57.75 million contract
• Chris Long, DE, (St. Louis Rams, 2^nd Overall Pick): Signed a 6-year, $60 million contract
• Matt Ryan, QB, (Atlanta Falcons, 3^rd Overall Pick): Signed a 6-year, $72 million contract
• Darren McFadden, RB, (Oakland Raiders, 4^th Overall Pick): Signed a 6-year, $60 million contract
• Glenn Dorsey, DT, (Kansas City Chiefs, 5^th Overall Pick): Signed a 5-year, $33 million contract
• Vernon Gholston, LB, (New York Jets, 6^th Overall Pick): Signed a 5-year, $32.5 million contract

After looking these contracts over, it is insanely hard to believe that Jake Long, an unproven NFL tackle is making more than Flozell Adams, a 4-time Pro Bowl veteran tackle. How is Darren McFadden making more than Ryan Grant and Michael Turner both of whom played excellent roles on their respective teams last year?

Seeing as the attendance of rookies at training camp is so vital to the success of the player, it pained some to see 2007 1^st overall draft pick JaMarcus Russell hold out of camp until September 12^th when Russell was signed to a 6-year, $61 million deal with $29 million guaranteed. One cannot help but wonder if the reason why rookies get paid so much up front is to prevent another “JaMarcus Russell hold out.” The NFL owners are not crying poor, so Goodell’s battle is not one of finances but one of fairness. Do not think for one minute that rookies believe that the amount of money being paid to them is sane. In an interview with Falcons quarterback Matt Ryan, he stated: “I’ll take it. I see both sides of the argument but I’m going to take the (current) argument now.”

A great point made by the late Gene Upshaw was that the rookie contracts only help those free agent veterans who are up for new contracts. What Mr. Upshaw means is that, for example, lets jump into the shoes of an 18-year-old girl who is negotiating with her parents about buying a car. The teen, so paradoxically calm, says: “But, Mom! Angie got a BMW and she’s only 16!” This is a perfect parallel to the situation in the NFL. Agents of veteran free agents can go to negotiations armed with the contracts of these rookies. Whew, no wonder why teams these days want to stay clear of early first round picks. As a future NFL agent, I cannot help but disagree with not being able to pay rookies these huge contracts.

Roger Goodell is not wasting any time on this matter so look to see some headlines fairly soon.

NFL Rookie Contracts: Fair Or Not? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

“The owners allowed the agents to beat their rear ends,” Mortensen said Wednesday on Mike and Mike In The Morning.  Mortensen went to proclaim, “The rookie salary cap issue is a brilliant public relations stunt by the NFL. It’s not like owners will take care of veterans if rookies had a cap. There’s $400M available now for that. Why should rookies like Jake Long and Matt Ryan be punished? Owners are asking to be saved because agents beat them in negotiations.”  He is clearly calling out the managers for starting this issue and helping it progress and only now complaining about it.

Chris later talks about how he believes these college players deserve the money they are making in the NFL because they proved their worth by playing and dominating college football.  He claims that because football is more physically demanding than basketball and baseball it forces the athletes to go through several years of college in preparation for the NFL.  NBA and MLB lottery picks usually do not stay in college for as long as the NFL’s top picks.

Although I see his logic, I believe that all sports are physically challenging in different ways and that the top picks in each sport have worked hard to reach the level they are at.  There is always going to be picks that do not pan out the way the teams hoped they would, but that is athletics.  If the kid is picked in the top five or ten in the draft and the team spends millions on him, you can bet that same team did their homework and knows everything about the kid, from his jump shot to his first kiss.  Or at least I’d hope they know a lot about the athlete they are drafting.

I believe that these athletes, even the one and done college players, deserve every penny that they are signing for.  These athletes have trained their entire life for this moment, and with one play can get injured and lose all that they have worked for.  The athletes deserve the guaranteed money in their contracts and some (like LeBron, Adrian Peterson and many others) have made a huge impact on their teams and actually deserve the large salaries they have received.

Although we watch these stars on T.V. and it may seem like only a game, this is their life and their jobs.  They have to support themselves and their families just like individuals who work in an office or teach at universities.   These athletes can only play their sports for so many years (10-15 at the most), unlike someone who can work as a teacher or businessman for 30-40 years, and as we know, these athletes often make poor financial decisions (Gambling With Your Career).  There are also many others looking to help these athletes lose their money effectively.  According to the Toronto Star, filing for bankruptcy is a tradition for NBA players, as 60% go broke five years after they retire.  This shows,that not only do these athletes need the money but also they need to find agents to help manage the millions that they are now earning.

I believe that rookie salaries are extremely high right now especially when compare them to the wages veterans who have played in the league and proved themselves for many years receive.  However, do not blame the rookies for having great “ambassadors of quam” to represent them.  Blame the managers and people in the front office for not paying you (veterans) higher salaries.  These veterans should talk to their agents and put pressure on them and the teams they represent.

“The Owners Allowed The Agents To Beat Their Rear Ends.” from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules