Money Players

Marvin Miller's HOF snub

Marvin Miller is one of my sports heroes. In fact, Money Players is dedicated to Marvin Miller and others who "fought for freedom and fairness."

Miller's contribution to the game -- and society -- is still not properly recognized. Yesterday the Baseball Hall of Fame's Veterans Committee elected several new members, including Bowie Kuhn (commissioner), Walter O'Malley (owner), and Barney Dreyfuss (owner).

Miller's slight is more disproportional this year because his fate was put in hands of a revamped Veterans Committee, comprised of many he "regularly opposed -- and beat -- in arbitration and bargaining sessions that altered the history of the game." The result: Miller out; Kuhn, Miller's long-time foil, in.

According to Brad Snyder's book, A Well-Paid Slave:

"Without the reserve clause, Kuhn predicted, the rich teams would sign all the players, the poor teams would go out of business, and the operation of a league would be impossible. Major League Baseball would devolve into an 'exhibition business.' He based his prediction on the 'chaotic conditions [that] prevailed when there was no reserve clause' from 1871 to 1879, when players jumped to rival teams and leagues and fixed games."

Snyder added: "Player salaries constituted 59 percent of team expenses in 1879 compared with 22 percent in 1950 and 21.5 percent in 1970. [The reserve system] certainly did not help equalize competition. Four teams won 63 of the 100 pennants from 1920 to 1969."

The reserve clause, so fundamental to Kuhn's reign as MLB commissioner, was modified because of the courageous battle waged primarily by Marvin Miller and Curt Flood. The rest is history. Pretty much everything that Kuhn predicted did not occur. Free agency led to higher salaries, which was more than offset by greater revenues and ultimately higher franchise values.

In May 2007, MLB Commissioner Bud Selig apologized for the reserve clause, saying it "should have been modified decades before someone like me came into the sport. Change was long overdue, and some balance to the relationship was necessary." Added Selig: "So much of our success has been made possible because of our improved relationship with the players."

Exactly!

At every opportunity, Kuhn attempted to thwart the change Miller and his players fought for. Yet Kuhn gets baseball's highest recognition, which is tantamount to rewriting history. Both Marvin Miller and Curt Flood deserve to be in the HOF.

--Marc Isenberg

Article on Curt Flood

Book brings Flood's contribution to game out of the shadows

By Marc Isenberg
Published May 14, 2007: Page 25

Although Jackie Robinson suffered many indignities when he broke Major League Baseball’s color barrier in 1947, his legacy is enshrined. Curt Flood’s historic contribution to baseball and society, however, remains in the shadows. His decision to challenge the power of the baseball establishment is still largely misunderstood. Thanks to "A Well-Paid Slave: Curt Flood's Fight for Free Agency in Professional Sports," by Brad Snyder, we get a new look at Flood’s life and times. Snyder’s book illuminates Flood’s challenge of the reserve clause through the events that shaped Flood, including his childhood in desegregated Oakland, playing minor league baseball in the racist, segregated South, his participation in the civil rights movement, and his troubles with alcohol. <Continue reading article>

Postscript: MLB commissioner Bud Selig was honored in Boston at the Sports Lawyers Association conference, which I attended. In his speech Selig made an interesting apology. The reserve clause, Selig said, "should have been modified decades before someone like me came into the sport. Change was long overdue, and some balance to the relationship was necessary." He added, "So much of our success has been made possible because of our improved relationship with the players."

I expect The Onion or some other faux news organization to suggest something like, "Former players sue for well-paid slave reparations." Hmmm.

 

Character matters, revenue counts

By Marc Isenberg

NFL Commissioner Roger Goodell took unprecedented action against Bengals WR Chris Henry and Titans CB Adam “Pacman” Jones. Henry is suspended 8 games, while Jones is suspended for the entire 2007 season. Jones’ suspension could be shortened if he meets certain conditions set by the NFL.

The most interesting aspect of the suspensions is that Goodell had the express blessing of the NFLPA and players. Typically, players associations cry foul any time the League flexes its muscle. But the vast majority of players who conduct themselves in an appropriate manner have every right to be fed up with peers who repeatedly break the law.

“Just maximize revenue, baby”
Owners know they are competing for entertainment dollars among fans. They recognize that image, both good and bad, impacts revenue. The NFL and other leagues rightfully want to protect their golden images. The public wants its sports heroes appearing in United Way commercials, not with Nelly making it rain. (Of course, these long-running ads will never be the same),

In 1998 New England Patriot owner Robert Kraft, at his wife's urging, took a stand against players with criminal records. The Patriots drafted Nebraska football player Christian Peter who had been arrested multiple times, but cut him before he ever played a down. While many supported this tough stance, it certainly was the exception to the previously unwritten rule that off-the-field legal matters were handled by the judicial system -- especially when a productive player was involved. Three Patriot Super Bowl victories later, perhaps character really does matter. (Peter still enjoyed a long NFL career with another team.)

Roger Goodell understands today's competitive sports marketplace. The image overhaul is right out of the NASCAR playbook (No, not the one that says keep turning left.) NASCAR has sold the public on the total fan experience; devoted fans reward NASCAR teams by buying anything NASCAR-related, from cars to laundry detergent to erectile dysfunction problem solvers.

The perception is the "thug life" translates into lost revenue. And, as we've seen in the Imus controversy, moral order is largely driven by pocketbooks.

Pension benefits for retired pro athletes

By Marc Isenberg

There has been a lot of attention paid recently to the retirement benefits of older professional athletes, particularly those who played pre-1980. Greg Johnson of the Los Angeles Times does an excellent job documenting the issue facing MLB and the NFL and NBA.

Larry Dierker, a former MLB pitcher, earned $125,000 in his best year. Two years from now, when Dierker turns 60, he will begin collecting $180,000 in annual retirement benefits. Dierker credits longtime MLBPA executive director Marvin Miller for educating players about the importance of retirement planning. Thanks to Miller and the players who stood strong during some long, drawn-out battles with management, the MLB pension is the "gold standard for union-represented athletes."

Older retired athletes in the NFL and NBA are not so fortunate. For example, Conrad Dobler, age 56, is eligible to receive $24,000 annually now, or he can receive $48,000 if he waits until age 62.

As Johnson's article in the LA Times points out, "Federal law requires union leaders to represent the interests of current and future players rather than aging athletes, so improvements to previously negotiated benefits must be approved by current union members — and often by the franchise owners who foot the bills."

Two of the most outspoken ex-NFLers have been Mike Ditka and Jerry Kramer. They have teamed with several NFL legends to launch the Gridiron Greats Assistance Fund to "assist retired players in dire need due to the lack of adequate disability and pension benefits." Read and watch their presentation.

Since current players play an important role in directing retirement benefits of all players, there is an obvious dilemma. The question is, How much responsibility do current players have to past players? Further complicating the issue is the fact that the financial futures of current players are far from secure. The current system unfortunately pits current players against the legends of the game, which is unfair to both sides. As Babe Ruth once said, "Baseball is more than a fraternity. It is a family. And the fellow ballplayers are your brothers. In for a penny, in for a pound. All for and one for all." If there's a problem with retired players' benefits, it should be addressed by the Leagues and the unions.

The NBA recognizes the enormous contribution of the pioneers of professional basketball (See related post below). New NFL Commissioner Roger Goodell appears to be open minded on that front. During his first "state of the NFL" delivered at the Super Bowl, he said the League needs to "reevaluate to see what we can do more to address the issues and we'll do that."

Many former pro athletes did not partake in the financial windfall of playing professional sports. A few are hard pressed to cover life’s necessities. Pride often prevents them from holding their hand out. Fortunately, many former NFL stars, such as Ditka, Kramer, and Nick Buoniconti are speaking out on behalf of guys who really need financial assistance and support.

Current players should continue to fight for greater retirement and health benefits for former athletes, not just for recent retirees. All professional athletes should keep in mind that they will be active, voting members of the Players Association for just a few years. But they will be retired players for decades. Reaching back to improve pension benefits of retired players, particularly those who literally sacrificed their bodies to help build professional sports into a multi-billion dollar enterprise, is simply good business. These guys sacrificed their bodies -- and in some instances, sadly, their minds -- to make the league what it is today. They stood together though often very troubled labor negotiations, even striking on several occasions in order to improve wages and benefits not just for them, but for every player who followed. Fighting for former players sets an important precedent for future generations of professional athletes: Players take care of their own.

Resources
Mike Ditka speaks on retired NFL players in dire need of assistance
NFLPA's Retired Players FAQs
Gene Upshaw responds to retired players (Word document)
NBA Retired Players

Articles
NBA reaches out to its pioneers [Greg Johnson/LA Times]
The NFL's forgotten players [Ken Murray/Baltimore Sun]
Glory has its price: 25 years later, the heroes of the 49ers' first Super Bowl championship team weigh the costs of playing a brutal game [Ron Kroichick/'SF Chronicle]
NFL's cold-hearted stance regarding its vets is deplorable [Bryan Burwell/St. Louis Post-Dispatch]
Not much nobler than Lefty's good deed for Dobler [Art Spander/Oakland Tribune ]

NBA boosts retired players pension benefits

At the NBA All-Star Game in Las Vegas, NBA commissioner David Stern announced the League is improving pensions for all retired players.

Players who retired pre-1965 will receive a 50% increase in pension benefits. They will receive $3,600 per year of service compared with $2,400. Players with three and four years of NBA service will also be eligible for the higher benefit.

Len Elmore president of the National Basketball Retired  Players Association said:

"We're absolutely pleased. The league has been progressive in its generosity to do something for the pre-'65ers. There are a lot of organizations around the world who wouldn't look back 40 to 50 years at people who didn't qualify for a pension and try to do something to help them."

A lot of credit goes to Bill Tosheff, who played in the NBA for three years during the early 1950s. Not only did players pre-1965 need 5 years to qualify, but several players clocks stopped when they left the League to serve in the military. Tosheff spent years lobbying the League and PA that these years should be added back, which the NBA has done. Tosheff spent years reviewing old newspaper clips and other documents to prove that certain "pre-65ers" had enough total service to qualify for the NBA pension.

Payton's so-so career as a Chicago Bear

No, not the great Walter Payton. Sean Payton, the current New Orleans Saints coach.

Just prior to the Bear-Saints NFC Championship game, Fox did a feature on Sean Payton's short stint as a replacement player during the the 1987 NFL strike season.

ESPN.com's Gene Wojciechowski also wrote about Sean Payton's short Chicago Bear career.

While time heals many wounds, replacement players have always been a touchy subject in professional sports labor issues. After the 1995 MLB strike, a few replacement players went on to become full-time players. Unions have not treated the replacements kindly. Replacement players are  prohibited from joining the Major League Baseball Players' Association, although they can still receive pension benefits.

In 1987 replacement players were used by NFL management to weaken the players and their union. While the product was diminished by not having regular players on the field, as long as teams suited up 45 players, teams received television revenue.

The 1987 NFL players strike was over a critical  issue -- free agency.

Prior to 1976, the NFL had free agency, but it was essentially meaningless because of the "Rozelle Rule," which awarded compensation to the team who lost a player to free agency.

Paul Staudohar analyzed the 1987 strike in the August 1988 issue of Monthly Labor Review and discussed the NFL's slow progress toward establishing a free market for players:

"In December 1975, however, the players' association won the Mackey case...the Federal Courts ruled that the Rozelle Rule was an unreasonable restraint of trade under the Sherman Antitrust Act of 1890, because it acted as a deterrent to player movement in the NFL.

"With the decision in Mackey, NFL players could become free agents by playing out their option with the barrier of a compensation penalty to their team no longer in the way. However, in 1977, the union bargained away the rights won in the courtroom and agreed to method of determining compensation payments for signing free agents.

"The rationale for negotiating away free agency won in court is that fee agency may not be as meaningful in football as it is in other sports. The players gained increased pension and other benefits for giving up free agency, and felt it was a wise trade off."

Sean Payton was not the only current NFL head coach to make news during the 1987 strike. Then Kansas City Chief linebacker Jack Del Rio (now Jacksonville Jaguars head coach) got into a nasty fight with former Chief star Otis Taylor, who worked for the Chiefs as a scout. Taylor was escorting replacement players to practice.