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Archive for January 28th, 2011

They have chosen to start the war. They have fired the gun.” – MLBPA Executive Director Marvin Miller, quoted by AP, February 20, 1981

“We are at war!” – NFLPA Executive Director DeMaurice Smith, quoted by The New York Times, January 22, 2011

As the NFL and the NFLPA careen toward what seems like an inevitable work stoppage, both the commissioner and players’ representative have engaged in a bout of public relations saber rattling. Meanwhile, major league baseball is expected to quickly come to an agreement on a new CBA when the current one expires in December 2011.

Smith doesn’t seem as if he’ll be the pushover that NFL owners have come to expect.

Anyone who is familiar with each sport’s labor relations over the past 20 years will immediately see the irony. Dating back to Marvin Miller’s election as head of the MLBPA in 1966, baseball players and owners have shared a rancorous relationship that included five strikes and three lockouts between 1972 and 1995. Football, however, has mostly enjoyed labor peace, particularly after two unsuccessful strikes by the NFLPA in 1982 and 1987 rendered the players’ union as a rubber stamp.

Not surprisingly, the NFLPA’s acquiescence to a salary cap has not mollified the owners’ voracious appetite for a larger piece of the financial pie. As a result, the lords of the NFL now stand poised to lock the players out if they do not once again capitulate to a series of adverse demands. If new NFLPA executive director DeMaurice Smith has anything to say about the process, however, things won’t be as pleasant for Roger Goodell and his band of profit takers this time around. The economics support the players’ position, so all that is needed is steadfast leadership.

Unlike past executive director Gene Upshaw, whose background was as a player, Smith is a bonafide litigator with 10 years experience in the U.S. Attorney’s office. Although he doesn’t have the labor background that Marvin Miller did when he took over control of the baseball union, Smith does seem to be cut out of the same cloth. Despite being criticized for his tough talk, he has not waivered in his public discourse. Ultimately, Smith will have to maintain unity among the rank and file, just as Miller did with his constituency, but if he can achieve that end, the NFLPA could emerge as a partner instead of an underling in the NFL’s financial structure.

The economic issues at hand are much different, and the relative size of the football union adds a greater challenge, but there are still lessons that Smith can learn from Miller. The chief among these, however, is the most basic. If the NFLPA is going to final win what is essentially a financial war, it can not be timid, and most certainly can not be accommodating. Even though the owners possess a massive war chest, their greed still makes them vulnerable. As much as the NFL chieftains would like to take a larger portion of revenues, they certainly do not want to relinquish the large sums of money that would be forfeited in a prolonged work stoppage. If the owners shut the game down for an extended period of time, they’ll be cutting off their nose to spite their face, and as much as greed can be a motivator for stupidity, multi-millionaires don’t get that way by turning off a steady steam of cash flow.

When it comes to this job, [Miller] remains my idol. He walks into a union that did not have a significant amount of information coming to the players, he had a very hostile reception from management, and what he brought to the players was the meat and potatoes of what organized labor unions do.” – NFLPA Executive Director DeMaurice Smith, quoted by The New York Times, January 22, 2011

Miller was never shy about taking his case to the media.

As baseball’s labor history has shown, owners’ resolve can wear thin quickly. What’s more, their veiled negotiating tactics are usually looked upon unfavorably by the courts and relevant government agencies. There has already been a crack in the union ranks, and some have criticized Smith’s reference to being at “war”, but the answer to that is to push forward with even greater resolve. Smith can not be afraid of a lockout. Marvin Miller never was. Whether it’s a war of words in the media or a war of ideas at the negotiating table, Smith needs to be on the front line fighting. He can’t worry about the harsh words that are likely to follow. Those same criticisms were levied at Miller, and now most people believe he merits inclusion in the Hall of Fame.

With selfishness being a natural human tendency, and so many players already “getting theirs”, most people, including the sport’s owners, expect that a lockout will be too costly for the players. The greater cost, however, will come from capitulating to a bad CBA. That’s the lesson the NFLPA has to learn, and that’s the challenge facing Smith. What would Marvin Miller do if he was leading the charge? He’d prepare for war…and that’s what Smith should be doing too.

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