Kevin and Pat Williams, Minnesota Vikings / Image: Zuma Press

Pat is willing to take his medicine, so to speak, but he feels betrayed:

“Basically now I got to hold trust issues with the NFL. I don’t know if I can trust them now. If I did something wrong, I’m going to take it. But they knew about it and didn’t tell the players.”

Two days ago, federal Judge Paul Magnuson dismissed the claims of five NFL players who had been issued suspensions last season and it’s looking more and more like the “Williams Wall” and New Orleans Saints defensive ends Will Smith and Charles Grant will have to serve those suspensions. Judge Magnuson agreed with the NFL that the players are ultimately responsible for what they put into their bodies.

Not so fast, though. The NFLPA case and Pat and Kevin’s suit were separate actions. So, Pat and Kevin are still holding out hope. Judge Magnuson found their claims, under two specific Minnesota statutes, were not included in the NFL’s Collective Bargaining Agreement.  Thus, their lawsuits will now continue in a Minnesota court as to those claims.

Source: StarTribune.com

Post from: Every Morning Quarterback

Pat Williams Can’t Trust the NFL

Approximately $105 million of Performance-Based Pay was distributed to players in the system for their performance during the 2008 playing season. Jeromey was a 2006 sixth-round draft selection from Kansas State and earned $405,859 in additional pay.

Performance-Based Pay was created as part of the NFL’s 2002 Collective Bargaining Agreement extension with the National Football League Players Association. The system creates a fund used to supplement player compensation based on a comparison of playing time to salary. This program will stay in place through the remaining years of the CBA in which a Salary Cap exists. In 2009, the Performance-Based Pay fund will be approximately $3.5 million per club, which is a five percent increase over the 2008 fund. Players become eligible to receive Performance-Based Pay in any regular season in which they play at least one official down.

Under the system, Performance-Based Pay is computed by using a “player index.” To produce the index, a player’s regular-season playtime (total plays on offense, defense and special teams) is divided by his adjusted regular-season compensation (full season salary, prorated portion of signing bonus, earned incentives). Each player’s index is then compared to those of the other players on his team to determine the amount of his pay. Interesting, eh?

Source: NFL Media, Photo: Newscom

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Jeromey Clary Earns Extra Money

National Football League Blogcast, NFL Blogcast

The National Football League Players Association (NFLPA) announced today that attorney DeMaurice Smith has been named the new National Football League Players Association Executive Director. NFLPA Player Representatives, acting on behalf of the 32 NFL teams, selected Mr. Smith to succeed the late Gene Upshaw, who died in August. Mr. Smith becomes only the third Executive Director in NFLPA history and will serve a three-year term. He made the following statement regarding his new assignment:

“I’m humbled by their decision. I’m honored and proud to lead a great group of men. I think we understand the challenges that face us but we also understand the strength of our unity.”

The search for the new Executive Director began shortly after Mr. Upshaw’s death, when Acting Executive Director Richard Berthelsen, NFLPA President Kevin Mawae (Tennessee), and Executive Committee members Domonique Foxworth (Baltimore), Tony Richardson (New York Jets), Jeff Saturday (Indianapolis), Mike Vrabel (Kansas City) and Donovin Darius, were appointed to the Search Committee. Reilly Partners, an executive search firm based out of Chicago, was then hired to assist the Committee in its search. The NFLPA’s constitution requires that the Executive Director be elected by a majority of the members of the Board of Player Representatives. Mr. Smith was unanimously elected to the position.

Mr. Smith was selected from among three other finalists for the Executive Director position: former NFLPA Presidents Trace Armstrong and Troy Vincent and sports attorney David Cornwell. The four finalists were given the opportunity to speak directly to the 70 Player Representatives and Alternates in attendance during hour-long presentations on Saturday. They then met with Player Reps in smaller break-out sessions this morning before the official election took place in the afternoon. NFLPA President Kevin Mawae also made the following statement regarding today’s announcement:

“The Board of Player Representatives made a decision today that will chart the course of this organization. This decision is a legacy decision. It is one that will unify and strengthen the National Football League Players Association.”

Here’s a quick bio on Mr. Smith. He’s a trial lawyer and litigation partner at D.C. law firm Patton Boggs. He has defended individuals in high profile criminal cases and Congressional investigations while also representing Fortune 500 companies in criminal and complex civil cases, compliance matters, and internal investigations. He’s a former assistant U.S. attorney and previously served as counsel to then Deputy Attorney General Eric Holder in the U.S. Department of Justice. He graduated from Cedarville University and received his law degree from the University of Virginia. Mr. Smith is married with two children and will begin his term with the NFLPA immediately.

Source: NFLPlayers.com, Photo: Newscom

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DeMaurice Smith Named NFLPA Director

U.S. District Judge Paul Magnuson blocked the NFL from suspending five players (Kevin Williams, Pat Williams, Charles Grant, Deuce McAllister and Will Smith) for violating the league’s anti-doping policy because he needed more time to consider the case after hearing several hours of arguments from the league and the NFL Players Association today. Afterward, the NFL released the following statement:

“Judge Magnuson made clear this afternoon that he needed more time to fully and carefully consider all of the briefs, arguments, and cases put before him. We welcome that scrutiny. We are confident that, once he has had an opportunity to review all of the relevant materials, including the Collective Bargaining Agreement, he will uphold our longstanding agreements with the NFLPA that protect the health and safety of NFL players and the integrity of our game.”

So, all five players can play Sunday (Charles Grant is injured and would not have played anyway), but their immediate futures are still uncertain. The NFL usually gets their way, so I’m not too optimistic for the players, even though I am in their favor on this one. The questions that remain are whether Judge Magnuson will tell the NFL that the players can’t be suspended until the NFL wins the lawsuit; or does he allow the suspensions, with the players then eligible for financial compensation if they were to somehow win the lawsuit?

Even if the suspensions are officially revoked, I don’t hold much hope for the 6-6 Saints who are three games behind the Bucs and Panthers (and two games behind the Falcons) in their own Division. But the Minnesota Vikings’ playoff hopes are probably riding on the judge’s decision. And this lawsuit may have only made matters worse if the ruling allows the suspensions next week. If the Vikes do get to the playoffs, the four game suspension would trickle over into the team’s first playoff game.

Source: NFL.com, NFL Media

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Federal Judge Blocks Suspensions

National Football League Blogcast, NFL Blogcast

The NFL announced today the suspension without pay for four games of six players that violated the NFL Policy on Anabolic Steroids and Related Substances. The players specifically violated a longstanding provision of the policy relating to the use of diuretics and water pills, which serve as masking agents for steroids and are potentially dangerous to the health of players.

The policy states that the use of so-called “blocking” or “masking” agents, including diuretics and water pills, is prohibited and that a positive test will not be excused because it results from the use of a dietary supplement that unknowingly contained a banned substance. Supplements are not regulated or monitored by the government and players have been warned about the risks of supplement use. The policy states:

“You and you alone are responsible for what goes into your body. Claiming that you used only legally available nutritional supplements will not help you in an appeal ….. Even if they are bought over-the-counter from a known establishment, there is currently no way to be sure that they contain the ingredients listed on the packaging or have not been tainted with prohibited substances ….. If you take these products, you do so AT YOUR OWN RISK! For your own health and success in the league, we strongly encourage you to avoid the use of supplements altogether, or at the very least to be extremely careful about what you choose to take.”

The six players are each suspended for the final four games of the regular-season. If the player’s team qualifies for the playoffs, he is eligible to return to the active roster on Monday, December 29. The suspended players are:

• Charles Grant, New Orleans Saints
• Deuce McAllister, New Orleans Saints
• Bryan Pittman, Houston Texans
• Will Smith, New Orleans Saints
• Kevin Williams, Minnesota Vikings
• Pat Williams, Minnesota Vikings

The appeals process in this matter included close to 30 hours of hearings. NFL Executive Vice President of Labor and League Counsel Jeff Pash heard and decided all of the appeals except for Bryan Pittman’s. The appeals officer for Pittman was former NFL Executive Vice President and League Counsel Jay Moyer. Following are key excerpts from Jeff Pash’s decision upholding the suspensions:

• Bumetanide, a potent diuretic, has long been a prohibited substance under the policy and is similarly banned by other drug-testing programs. Diuretics are banned for two reasons – first, because they can be used to mask the use of performance-enhancing drugs; and second, because they can pose a threat to player health and safety.
• The policy contains numerous specific warnings about dietary supplements. NFL players received separate advisories regarding supplements (attached). These included two memos from Dr. John Lombardo (the program’s independent administrator) entitled “Weight Reduction Products,” which were sent to players in July of 2007, and again in July of 2008.
• In addition, two notifications specifically mentioning Star Caps were sent on December 19, 2006. One was sent to the presidents, general managers, and head athletic trainers of all NFL clubs. The second was sent to Stacy Robinson, the NFLPA executive who oversees the Steroid Policy on behalf of the union. The letter to Robinson states that “Balanced Health Products, which distributes Star Caps, has been added to the list of prohibited dietary supplement companies. Please distribute this information to the agents and players through your normal channels.” In response, Robinson had Balanced Health Products added to the list of banned companies that is maintained on the NFLPA’s website.
• (For those players with weight clause bonus provisions in their contracts,) the player specifically agreed not to engage in any “last-minute weight reduction techniques,” which included “use of diuretics.”
• There is no question that the policy embodies a collectively bargained rule of strict liability – a rule that players alone are responsible for what is in their bodies; that inadvertent or unknowing use of a prohibited substance will not excuse a positive test; and that supplements are used at a player’s own risk.
• With respect to the question of whether a specific warning should have been given regarding Star Caps, the policy does not set forth an obligation to issue specific warnings about specific products and no testimony suggests that the NFL and NFLPA have ever contemplated imposing such a requirement on Dr. Lombardo, who oversees the development of education materials on steroids. In keeping with that responsibility, the NFL, NFLPA, and Dr. Lombardo have emphasized the need for extreme caution in the use of any supplement, including weight reduction products, have established a Hotline for players to call for information regarding supplements, have established a Supplement Certification program with EAS to provide players with supplements that are free of banned substances, and have, in conjunction with reinforcing the strict liability rule, repeatedly warned players about the dangers of unregulated and inaccurately labeled dietary supplements. In the past, players have been suspended for using dietary supplements that contained a banned substance.
• The United States Anti-Doping Agency (USADA) does not issue specific warnings about specific supplements, nor are such warnings issued in other drug testing programs.

Clearly, the team that will be hardest hit by these suspensions are the NFC North Division leading Minnesota Vikings. Both Kevin and Pat Williams are Pro Bowl defensive tackles and considered among the best at what they do in the National Football League. Together, they are the heart and soul of a Vikings defense that prides itself on stopping the run. So far this season, the “Williams Wall” has been true to form as the Vikes are currently second in the entire NFL in run defense (73 ypg). The Vikings released a statement today saying:

“In response to this afternoon’s ruling, the Minnesota Vikings are very disappointed in the National Football League’s decision and suspension of Kevin and Pat Williams. At the appropriate time, we will have further comment.”

Pat Williams’ agent, Angelo Wright, had a comment today. He said a federal lawsuit aimed at preventing the NFL from imposing a four-game suspension on his client will be filed tomorrow:

“I believe that we’ll be able to offset this. I continue to maintain that he will play football. Though the tenets of the program are of strict liability, the league is supposed to act in conjunction with the players association, to communicate what products are acceptable and which are not. In this case, they’ve acknowledged that they withheld information from the players. I would feel more comfortable with the process, if there was an independent body governing over these cases. But this current set up is reminiscent of the British court, when they wore white wigs and proved to be your judge and your jury.”

If Mr. Wright achieves his goal, as he believes he will, Pat will be able to play Sunday at Detroit. But if the league’s suspension is then upheld, that could push Pat’s four-game suspension into the postseason. I’m not sure it matters because without Kevin and Pat in the Minnesota lineup this month, there’s a good chance there won’t be a postseason for the Vikings.

Sources: NFL Media, Vikings.com, TwinCities.com, Photo: Newscom

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NFL Suspends Six Players For Violating Policy on Steroids and Related Substances

National Football League Blogcast, NFL Blogcast

NFLPA (National Football League Players Association) executive director Gene Upshaw died last night at his home in Lake Tahoe, CA. Gene had pancreatic cancer, but the news comes as a shock because he was diagnosed only this past Sunday. The NFLPA Web site issued the following statement today:

“We are deeply saddened and shocked by the sudden and unexpected death of our leader, Gene Upshaw. Our thoughts and prayers go out to his wife, Terri, and their three sons – Eugene, Justin and Daniel. Gene learned he was sick just this past Sunday and he died with his family at his side. We ask that the media respect our need to begin the process of dealing with this unexpected tragedy and to begin the grieving process.”

Gene has been Executive Director of the NFLPA since June 1983, after a successful 16-year career as a player. Since then, he worked diligently at enhancing, protecting and defending the individual rights of professional football players throughout the National Football League. He also served as Chairman of National Football League Players Incorporated.

Gene was an All-Pro offensive guard for the Oakland Raiders and was elected to the Pro Football Hall of Fame in 1987, his first year of eligibility. He played in 217 league games and appeared in six Pro Bowls. He was named Lineman of the Year in the AFC in 1973 and 1974. In 1977, he was voted top lineman in the NFL, and runner-up for that honor in 1980. Gene is the only player in NFL history to play in three Super Bowls in three different decades—in the 60’s, 70’s and 80’s.

Gene was a team captain, while also serving as an NFLPA player representative and officer for 13 years. He served as alternate representative or player representative for the Raiders from 1970 to 1976 and was a member of the executive committee from 1976 through 1980 when he was elected president of the NFLPA, a post to be held until 1983. As an officer of the NFLPA, Gene took part in all negotiations leading up to the 1977, 1982 and 1993 Collective Bargaining Agreement between the NFLPA and the NFL, and extensions of the CBA in 1996, 1998, 2002, and most recently, 2006.

Source: NFLPlayers.com, Photo: Newscom

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NFLPA Director Gene Upshaw Dead at 63

In a post from June 27, I was talking about the “conversation” I attended with NFL Commissioner Roger Goodell — specifically the topic of rookie salaries. Well, here are some points to keep in mind regarding the contention that high rookie contracts are good for NFL veterans because they drive veteran contracts higher:

• It’s not true that exorbitant rookie salaries benefit the veterans as a group. It can’t be, not in a capped system.
• In a capped system, there is a defined amount of money in the system. It’s one pie and a zero-sum game (win-lose, not win-win). Every additional dollar going to an unproven rookie means one less dollar going to veterans.
• High rookie contracts may drive high contracts for a select group of elite veterans — the stars. But if that’s true, it’s the rank-and-file veterans that lose out. If an additional dollar going to an unproven rookie drives another dollar to an elite player, that means two dollars less going to rank-and-file veterans.
• And, if a rookie receives an enormous amount of guaranteed money in the form of signing bonus and does not produce on the field, it’s even worse. That money goes completely out of the system. It is with a player not producing anything on the field.

Veterans like Kevin Mawae (NFLPA president) recognize this and have stated so publicly. It’s the same problem that exists with players that breach their contracts and are able to keep bonus money — like Michael Vick. The money goes out of the system instead of being available to be paid to top, proven veterans. The term used by clubs to refer to guaranteed money paid to players that have washed out or don’t produce is “dead money.” That money is not available to pay to players that are actually contributing. It’s money that is not doing anything to contribute to the quality of the game. Bottom line — rookie contracts need to be reworked.

Source: NFL Media

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Key Points on NFL Rookie Pay

Blogcasting the National Football League, Blogcasting the NFL

Former N.Y. Giants defensive end George Martin just completed a 3,000 mile, nine-month walk across America. His purpose? To raise money to help provide health care for the surviving rescue and recovery workers who rushed into danger on 9/11. The journey began at the George Washington Bridge in New York City and ended at Embarcadero Marina Park in San Diego this past weekend. George’s Journey for 9/11 has raised more than $2 million to benefit ailing rescue and recovery personnel who worked at Ground Zero:

“Cancer, chronic asthma, PTSD, gastrointestinal disease; it’s a simple and sad fact that exposure to the unknown toxins at ground zero and other traumas have had devastating effects on the health and well-being on those that sacrificed the time, safety, their families and their jobs for the benefit of our nation. We owe them. We owe them our support. For that reason, I walk.”

I really admire what George did. And although he will fall short of his $10 million goal, three New York-area hospitals are matching donations with medical services. George has also collected contributions from famous friends like his former Giants coach, Bill Parcells, who donated $10,000. Other donors with league ties include former Giants coach Jim Fassel ($25,000), Patriots VP of Player Personnel Scott Pioli ($2,500), USC coach Pete Carroll ($1,100), and former Giants Harry Carson, Mark Bavaro and Phil McConkey ($1,000 each). The NFL donated $100,000, the NFL Disaster Relief Fund put in $50,000, and the Players’ Union chipped in another $10,000.

Be a part of the journey and contribute what you can today.

Sources: NFL.com, AJourneyfor911.info

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George Martin’s Journey for 9/11 Supports Heroes of Ground Zero, Walk Complete

Blogcasting the National Football League, Blogcasting the NFL

Baltimore Ravens kicker Matt Stover has started a campaign to oust NFLPA Executive Director Gene Upshaw. Apparently, Matt emailed a plan of action to fellow player reps to have a new union boss in-place by 2009. In his email, a copy of which was somehow obtained by ESPN, Matt said, in-part:

“I feel that the board must begin to prepare for a change in leadership immediately. I believe we have the proper environment with our teammates and leadership within the board to execute the process of this selection.”

As far as I know, only Denver Broncos DB Domonique Foxworth has openly come out in support of Matt, but there are others. In a statement released by the Ravens today, Matt said the email was private and not intended for public consumption. What I can’t imagine is why any player would want to get rid of Gene before his term is over. I think he’s been a great asset to the union. Union president Kevin Mawae continues to support Gene, saying:

“Matt Stover’s letter does not reflect the view of the entire executive committee or the board of player representatives. The board is in the process of preparing for the possibility of a work stoppage and understands the importance of having Gene, with his experience and history, lead the direction of the NFLPA.”

It would be interesting to find out the numbers of players who are for or against Gene. His contract runs through 2010 and he has vowed to see the players through their upcoming (next year) labor negotiations with NFL owners.

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Player Reps Want Rid of Gene Upshaw

Blogcasting the National Football League, Blogcasting the NFL

Tampa Bay Buccaneers running back Warrick Dunn was presented with the 42nd annual Byron “Whizzer” White Award, the NFL Players Association’s (NFLPA) highest honor, yesterday at the NFL PLAYERS Gala featuring the JB Awards in Washington, D.C. Warrick was one of several NFL players honored by James Brown, host of “THE NFL TODAY” on CBS, along with “THE NFL TODAY” analyst and former Pittsburgh Steelers head coach Bill Cowher.

The event, which recognized NFL players for their individual contributions to their communities, raised nearly $1 million, the net proceeds of which benefit Special Olympics D.C. It was the fifth consecutive year the NFLPA and NFL PLAYERS partnered with James Brown to honor some of the NFL’s biggest heroes.

Warrick was selected from among 12 JB Award winners as a result of his commitment to the nationally-renowned community project Homes for the Holidays, an annual program he created to help low-income families buy homes in Atlanta, Tampa, Baton Rouge and Tallahassee. As the primary focus of the Warrick Dunn Foundation, the program provides down payments on homes and works with area sponsors to furnish them. Motivated by the memory of his mother, Betty Smothers, Warrick launched the program during his rookie season in 1997 and has since enabled 74 single parents and 192 children realize their lifelong dreams of home ownership.

Warrick was selected by an independent celebrity panel of judges which included NEA Foundation President and CEO Harriet Sanford, Gatorade’s Senior Vice President of Sports Marketing Jeff Urban and Rick “Doc” Walker, host of SportsTalk 980’s “The Doc Walker Show” and Comcast SportsNet’s “Doc Walker’s ProView.” The “Whizzer” White Award is presented annually to the player who serves his team, community and country in the spirit of Byron Raymond “Whizzer” White. The late Supreme Court Justice was a scholar, athlete, patriot, humanitarian and public servant – the personification of the ideal to which professional football players aspire.

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Tampa Bay Bucs’ Warrick Dunn Given Top Honors at 2008 NFL Players Gala, JB Awards