The NFL and the NFL Players Association (NFLPA) are under fire. This comes on the heels of the equally surprising disclosure that a confidentiality agreement concealed basic facts from an arbitration decision regarding players’ pay. On January 14, arbitrator Christopher Droney handed down a detailed 61-page ruling. He admitted that league executives had pressured team owners to gut guaranteed salaries for players. This ruling could not be more consequential. It, coupled with the context of the terms of the confidentiality agreement, has led to tremendous outcry among players and advocates.
This arbitration case was a result of conversations that happened after the Cleveland Browns signed quarterback Deshaun Watson. On March 18, 2022, they completed a historic five-year contract for $230 million—fully guaranteed. This unprecedented deal prompted league executives to discuss strategies that could influence negotiations with other high-profile quarterbacks, including Kyler Murray, Lamar Jackson, and Russell Wilson.
Droney’s ruling unsealed a trove of text messages and emails between top executives. It demonstrated that they had thought through and welcomed unified action ahead of the owners meeting in March 2022. This revealed and likely coordinated effort among owners to retaliate against players for protesting is transparent in its desire to break guaranteed contracts. We first reported the full story behind Droney’s decision two weeks ago on the “Pablo Torre Finds Out” podcast. Retrospec, until then, had shielded those particulars from public view.
The NFLPA, led by executive director Lloyd Howell Jr., chose to go big. Either way, it was a curious decision to appeal Droney’s ruling nearly six months after he ruled. The case will be heard on appeal by a three-arbitrator panel. The union’s choice to pursue this course of action has sparked dialogue regarding transparency and communication between the NFLPA and its members.
“The appeal is a reflection of our obligation to enforce the CBA and our commitment to protecting our players’ interests,” – A senior union source.
Attorney Peter Ginsberg, who has represented many NFL players, said he was shocked to hear about the confidentiality agreement. And so he lashed out against the union for keeping them in the dark on such vital matters.
“By agreeing to a confidentiality agreement, the union purposefully blocked the players from receiving crucial information about the operations of the NFL,” – Peter Ginsberg.
Still, former player reps voiced their displeasure over the NFLPA’s lack of outreach. Their hearts and minds beat with the very strong sentiment of many. In fact, as one unnamed league representative asked, what’s the benefit of withholding such important information from the players?
“My first reaction was, like, why in the heck would they not tell the players or not want this to be public? Like, what’s going on?” – An unnamed former player representative.
One former congressman suggested the union may have miscalculated its strategy. They explained that even when the leadership wants to stay under the radar on a particular issue or fight, transparency is still key.
“And then I thought, well, the strategy-makers for the union, they do tend to keep a lot of things pretty buttoned up… So my hope is that there’s a good reason why they did it,” – An unnamed former player representative.
Lorenzo Alexander, a 15-year NFL veteran and former NFLPA executive committee member, weighed in on this topic. He remembered that during his time on the committee, there were almost always reports about union strikes and bargaining decisions.
“There typically was some type of communication or updates as far as, this is what’s going on, this is what we’re doing, especially with the president,” – Lorenzo Alexander.
Even as criticism builds around the NFLPA’s decision-making process, one high-ranking union official doubled down on the union’s player-first promise.
“We’ll do what’s best for players, and we’ll exhaust our options in doing so,” – A senior union source.
The NFL told the union that it intends to seek its attorneys’ fees and costs. These costs may end up being more than $12 million tied to the arbitral proceedings. This recent move continues to complicate an already thorny relationship between the league and its players.
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