Accountability and Reform: The Future of the NFL Players’ Association

00;00;00;00 - 00;00;53;09
Mark Conrad
Hello and welcome to the Sports Business Podcast with Prof. C, the podcast that explores the world of professional, collegiate, amateur, and Olympic sports. I'm Mark Conrad, or Prof. C from Fordham University's Gabelli School of Business, where I serve as Professor of Law and Ethics and the Director of the Sports Business Initiative. The National Football League Players Association is the union that represents the NFL players in their collective bargaining negotiations with the league and, in addition, represents players in grievance proceedings against teams and the league.

00;00;53;12 - 00;01;32;07
Mark Conrad
Like any union, the NFLPA's leadership has the responsibility as a labor organization to represent employees in their quest for better salaries and working conditions. But it has some unique challenges that differ from typical employees unions. First, it represents players with a wide range of salaries and levels - from elite stars commanding tens of millions of dollars a year in increasingly guaranteed contracts to developmental players who participate in practices, but do not engage in weekly games.

00;01;32;10 - 00;01;56;29
Mark Conrad
Not surprisingly, the goals of such an array of players vary and trying to accommodate such a group is difficult. Adding to that is the power of the NFL and its team owners. The league and the owners have been able to use their leverages to conclude collective bargaining agreements that have been less protective of players than in other leagues.

00;01;57;02 - 00;02;31;21
Mark Conrad
Many NFL player contracts remain non-guaranteed, leading to players being cut by their teams. Also, neutral arbitrators do not resolve disputes, but the commissioner is given that power, which is very unusual in labor law. But I'm not here to criticize collective bargaining agreements consummated by the NFLPA. I am criticizing the lack of transparency and possible violations of good faith obligations to the players they serve.

00;02;31;23 - 00;03;11;10
Mark Conrad
The lack of transparency by the union involves a saga that is long and tricky, so bear with me. It started with reports of a secret deal between the union and the NFL. The union filed a grievance arbitration based on owner collusion in October 2022, after a number of prominent veteran quarterbacks failed to secure fully guaranteed contracts in the months following Deshaun Watson's historic five-year, $230 million deal with the Cleveland Browns a contract that turned out to be disastrous for the team,

00;03;11;13 - 00;03;43;19
Mark Conrad
as many Browns fans can attest. The arbitrator dismissed the union's overall claim of collusion, but noted that the NFL encouraged teams to work together to reduce the amount of guaranteed money offered to players. Sounds like collusion, doesn't it? Or at least shady. But the union, instead of playing up this aspect of the arbitrator's ruling, agreed with the NFL not to release it to the players and the public.

00;03;43;22 - 00;04;15;14
Mark Conrad
Why did the union leadership agree to this? No one knows for sure, but it sounds like a failure in transparency. Is that what an NFL player wants from his union executives? I doubt it. Then it gets worse. ESPN reported that the union's Executive Director, Lloyd Howell, the person in charge, had a few skeletons in his closet. First, he was sued for sexual discrimination and retaliation while at his previous employer.

00;04;15;16 - 00;04;43;10
Mark Conrad
Second, he worked in a part-time paid role as a consultant for a private equity firm that invested in NFL franchises while remaining Executive Director of the union. The third, and this little tidbit, he twice charged the union for trips he made to strip clubs. It was called a Player Engagement Event to support & grow our Union.

00;04;43;12 - 00;05;11;12
Mark Conrad
I guess it is a version of boys being boys. And the coup de grace may be an FBI investigation into Howell's potential personal enrichment in a licensing group co-owned by multiple pro sports unions that allows players to make money off their name, image, and likeness, according to The Athletic magazine. In the wake of these reports, Howell resigned his position and the union selected an interim leader.

00;05;11;14 - 00;05;52;02
Mark Conrad
You may wonder how Howell even got this job. Did he previously work in the labor movement? No. Did he have experience in collective bargaining? No. Was he a former player? No. He arrived at the NFLPA after he was elected after a yearlong, highly secretive search by the union's Executive Committee. J.C. Tretter, a former NFL player and president of the union, and a small group of players on the executive committee, vetted the candidates, but kept their names secret from the broader group of player representatives until it was time to vote.

00;05;52;04 - 00;06;28;15
Mark Conrad
Now that the executive director and the union's president are gone, where does the union go from here? Whoever leads the NFLPA will have major challenges. But it is time for the union and its executive committee to rethink its approach and open the process to far greater transparency. A laudable goal would be to elect representatives who could follow the lead of the Major League Baseball Players Association, which has consistently fought for the interests of its players and has the strong support of its membership.

00;06;28;18 - 00;06;54;28
Mark Conrad
In four years, the present agreement with the NFL expires. While it is true that baseball players have certain advantages that are not found in their NFL counterparts, any new leader of the NFLPA will have to fight harder, take on the NFL leadership, and be more transparent to their members. If not, NFL players will continue to be ill served.

00;06;55;01 - 00;07;12;24
Mark Conrad
For the Sports Business Podcast at Fordhams Gabelli School of Business, I'm Mark Conrad, or Prof. C, have a great day!