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First, Miller is giving Smith bad advice to push to get rid of the salary cap. So he is a negative force.

At no point during negotiations have the players pushed for the elimination of the cap. Not only have they agreed to keep the cap, they have agreed to a lower % and a significantly lower cap on rookie pay. Miller is not a force of any kind. He's irrelevant.

Second, Kessler has been running around with a rouge agenda since before Upshaw died which is to push for the same vision Marvin Miller pushed for. Plenty of reporters have reported about how he goes rouge and had to be pulled in by Upshaw before he died and now Smith. The evidence of that is pretty overwhelming.

The evidence is overwhelming that the NFLPA is extremely satisfied with Jeffrey Kessler. They have employed him for years. They continue to employ him. Kessler isn't in the meetings pushing anything the NFLPA doesn't want him to push - things they then try and trade off for other concessions. Have you read a single NFLPA official who are extremely chatty off the record on everything criticize Kessler for pushing for special treatment for the named plantiffs?

He plays a very important role in their dealings with the NFL - that of the hard liner willing and eager to blow it all up.

Third, Smith may be doing what he promised that doesn't mean he doesn't have people around him trying to push a different agenda. The owners probably have those people too, but they do a better job keeping them out of the spotlight. You have dozens of people negotiating from both sides and there are bound to be people who go off the reservation. That is typical in a lot of negotiations of this magnitude. The more people who throw into negotiations, the more likely it goes off track.

Smith is a politician in training. He'll never become Senator Dee by being the bad guy who almost killed football during the recession. He has Kessler to play that role.

Now, the hero who realed in the hard liners and made a good deal to save football for the fans - that is a story you can sell to voters. That narrative of Dee as a hero has been being formed for weeks - see Schefter's laughable story with Dee turning John Wayne and telling his lawyers to stand down. When this gets settled this week, expect a huge PR rush portraying Smith as a heroic figure who stayed above the fray and did whatever he thought necessary to get a deal done.
 
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And the latest from Breer...LOL

18 minutes ago »
AlbertBreer Albert Breer
Heading back out to NFLPA headquarters, was told a few minutes ago parties are still working through details in a potential 10-year deal.
 
WOW..another scoop by Breer
 
AlbertBreer Albert Breer
Parties are going over details on workers comp, injury protection, recertification timeline now ... Those details are significant.
1 minute ago

OK. The workers comp deal is whether or not players can file claims in CA if they played 1 game there in their career (because the bennies in CA are better/easier to qualify for). Injury protection was payment for players who suffer catestrophic injury. League offered 2 years at up to $1M year 1 and $500K year two post injury. Association wanted up to $3M per year for 3 years. Recertification timeline...maybe they need more time to count to 900 or so... .
 
At no point during negotiations have the players pushed for the elimination of the cap. Not only have they agreed to keep the cap, they have agreed to a lower % and a significantly lower cap on rookie pay. Miller is not a force of any kind. He's irrelevant.

Not say that Smith is following all his advice, but Smith is seeking his guidance. His view of how the NFL should be is out of whack because, like Kessler, his ideal view of the NFL would be a complete free market system which would destroy the NFL as we know it.



The evidence is overwhelming that the NFLPA is extremely satisfied with Jeffrey Kessler. They have employed him for years. They continue to employ him. Kessler isn't in the meetings pushing anything the NFLPA doesn't want him to push - things they then try and trade off for other concessions. Have you read a single NFLPA official who are extremely chatty off the record on everything criticize Kessler for pushing for special treatment for the named plantiffs?

He plays a very important role in their dealings with the NFL - that of the hard liner willing and eager to blow it all up.

Just because they are happy with him doesn't mean he doesn't has his own agenda and tried to derail the process. There have been reports that even some of the players in the negotiations have complained he was a roadblock to get a deal done.

Kessler is a very competent and experienced labor and antitrust lawyer with a specialty in labor laws in sports. That is why the NBA employ him. It doesn't mean though that to take the good, that don't have to keep him on a short lease or he goes off the reservation. There is overwhelming evidence that the head of the NFLPA (whether it is Upshaw or


Smith is a politician in training. He'll never become Senator Dee by being the bad guy who almost killed football during the recession. He has Kessler to play that role.


Smith is so politically savvy that had Kessler playing the same bad guy role in 2006, two years before he took the NFLPA job and Upshaw was alive.

Now, the hero who realed in the hard liners and made a good deal to save football for the fans - that is a story you can sell to voters. That narrative of Dee as a hero has been being formed for weeks - see Schefter's laughable story with Dee turning John Wayne and telling his lawyers to stand down. When this gets settled this week, expect a huge PR rush portraying Smith as a heroic figure who stayed above the fray and did whatever he thought necessary to get a deal done.

Smith has been a hardliner all along. He called the CBA negotiations a war. He said the players were ready to take to the mattresses (a reference to gang wars in The Godfather). He has made outlandish claims against the NFL like saying that they were suing to not play football this year or calling their last offer in March the worst deal in sports history. He was always been confrontational up until a few weeks ago and even then he still can't resist throwing some rhetoric out there like complaining on Friday that he wasn't involved in the revenue sharing conversations but by all reports he was well informed by it.

If Smith's intentions were to make himself to look like a hero to the public, he has failed miserably. He has turned himself into a villian to the public. He may end up being a huge hero to the players, but his public image has taken a huge hit.

People make these claims that he made Kessler to be a bulldog so he could be a hero to the public by reigning him in, but the is no evidence of this. It isn't Kessler making inflamatory quotes in the public. It is De Smith. Most people who don't follow this process closely don't even know who Kessler is and if they blame the players they blame Smith not Kessler. In fact, if the owners weren't so vocal in their hate of Kessler, even people who are following this case closely would hardly know who he is.
 
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I heard Sal Pal on Sirius NFL radio yesterday and he said the players are still upset about the window to negotiate some of the rules (drug policy, codes of conduct, etc.) after the football year started, but he is puzzled why. The owners voted for a three day window to negotiate these things and if there isn't an agreement that the 2006 CBA rules go into effect. Sal said that those rules are in favor of the players.

Sal said that there is a feeling among the reporters he speaks to and he also believes that the players may be delaying the vote to punish the owners more than any real issues. The host said he asked that same question on the air an hour earlier.

Now that is just Sal Pal's and the radio hosts' (can't remember who it was) opinions.
 
If Smith's intentions were to make himself to look like a hero to the public, he has failed miserably. He has turned himself into a villian to the public. He may end up being a huge hero to the players, but his public image has taken a huge hit.

Time will no doubt tell how Smith is portrayed. All we can do now is see how the early precints are reporting in are portraying Smith:

Albert Breer says:

Goodell and Smith deserve a lot of credit for steering their groups the last 9 days through a minefield. ...

How about you Mort:

Can't underestimate Goodell & Smith working directly on finishing details.

Peter King says of Mort's take:

100% true, Mortimer

Sure seems like the heoric Smith PR narrative is already taking shape right alongside the heoric Roger Goddell narrative.
 
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Time will no doubt tell how Smith is portrayed. All we can do now is see how the early precints are reporting in are portraying Smith:

Albert Breer says:

Goodell and Smith deserve a lot of credit for steering their groups the last 9 days through a minefield. ...

How about you Mort:

Can't underestimate Goodell & Smith working directly on finishing details.

Peter King says of Mort's take:

100% true, Mortimer

Sure seems like the heoric Smith PR narrative is already taking shape right alongside the heoric Roger Goddell narrative.

Reporters and the general public are two different things. I would bet you that neither Goodell nor Smith have high approval ratings by the public.

I agree time will tell, but Smith playing the "John Wayne" against Kessler would not hold up over time. Smith's approval rating will rebound over time if there is labor peace and the NFL continues to flourish under the new CBA. If the new CBA hurts the NFL in any way, both Smith and Goodell will take hits.

Right now though, the general public's perception of Smith is that he is a villian. Same with Goodell.

As for your proof, the media were going to commend these guys for getting a deal done as long as there is no lost games game in the season. Saying that they are going to be portrayed as heroes is a real stretch at this point. I think the general public are asking themselves "Why could they do this two months ago or two years ago?" and aren't looking at Goodell or Smith as heroes. Probably more like two guys who almost screwed up the season because of their massive egos, but finally stopped their pissing contest to avoid disaster.
 
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If your point is that the general public is irrational and hasn't a clue, then you have made your point.

Fans can have whatever approval ratings they want. If this all comes off, the league will have missed ONE PRESEASON game (not even one week, just one game), and some offseason practices. The last I heard no one cared about those preseason games in any case. Personally, I think that the parties have done a great job for their clients.

A TEN YEAR agreement is absolutely awesome. Reducing rookie pay is also awesome. We will spend a lot of time saying how terrible the new agreement is and how this side or that should have gotten more. That's who we are. But the reality is that the billionaires and the millionaires have agreed to a long-term deal without changing the game and with losing only preseason game. Looking back a few months, or a year or two, I cannot imagine a better result.

So, for me, our board specializes in unnecessary whining and thinking that the world will end. This characteristic has never been so obvious as it has been in discussing these labor negotiations.
=========

Just BTW, I had expected the agreement to be signed a couple of weeks later than it will be signed. I did not expect camp to start in July. I though that there would have to be revenue loss before the parties agreed. Both parties ended up being sane, a pleasant surprise. The disruption to football has been minimal, given the issues, and that this is a ten-year deal.



Reporters and the general public are two different things. I would bet you that neither Goodell nor Smith have high approval ratings by the public.

I agree time will tell, but Smith playing the "John Wayne" against Kessler would not hold up over time. Smith's approval rating will rebound over time if there is labor peace and the NFL continues to flourish under the new CBA. If the new CBA hurts the NFL in any way, both Smith and Goodell will take hits.

Right now though, the general public's perception of Smith is that he is a villian. Same with Goodell.

As for your proof, the media were going to commend these guys for getting a deal done as long as there is no lost games game in the season. Saying that they are going to be portrayed as heroes is a real stretch at this point. I think the general public are asking themselves "Why could they do this two months ago or two years ago?" and aren't looking at Goodell or Smith as heroes. Probably more like two guys who almost screwed up the season because of their massive egos, but finally stopped their pissing contest to avoid disaster.
 
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My point is that it is silly to think Smith had Kessler look like a bad guy so he could look like a hero to advance his political career. To his credit, Smith took hits to his public approval for the sake of getting the players a deal he wanted. He was never concerned about how the public perceived him.

As for only euphoria for this agreement, I disagree. Yes, it is great to have ten years of labor peace, but there was a cost:

- This year is probably going to be a really bad year of football. With no offseason conditioning programs or organized activities, a lot of players are going to report this week out of shape. There is a much higher risk of injuries because of it. Also, with no offseason, most rookies in the league are looking at a red shirt year. Lastly, free agents signed in the next few weeks may be still learning the playbook well into the season. By both sides bucking for leverage for so long, the have done significant damage to this season.
- I think certain aspects of new CBA will hurt football. In particular, the no two a days, limiting OTAs, and the amount of practices in pads during the season. As a Pats fan, you gotta hate this because it hurts teams like the Pats more than others because Belichick is all about preparation and mental toughness. I think these things will hurt the product.

Overall, it is a good thing to get a decade long CBA, but I see it as a piric victory because they have hurt the game to get it.
 
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...and the crowd goes wild...
 
Miller inherited the same problems Gene Upshaw inherited in the NFL, bot changed it. Upshaw for the betterment of the league, Miller for the detriment. Yes, both men improved the compensation for the players immensly, but Miller helped to create a system that rewarded small market teams for not spending anything and allowed big market teams to buy championships. It was a huge portion of his doing.

Gene Upshaw was very instrumental in pushing the owners to come up with a revenue sharing model. He knew that without the big market teams sharing parts of their revenues with small market teams, the players would not get all of what is coming to him. From the mid-80s to his death, he was very much into pushing for revenue sharing. Miller didn't share that same forsight. Granted Upshaw did have the advantage of seeing the mess that MLB baseball had become with no cap or revenue sharing.

The general concensus is that Miller did screw up a lot of what is wrong with MLB today. He even today doesn't understand what a salary cap means to the future prosperity of the NFL. Here is what he said in February:



Marvin Miller Says NFL's `Company Union' Needs to Play Offense in Talks - Bloomberg

He doesn't get that a salary cap promotes parity which is what makes the NFL a national sport and why MLB is regionalized.

Miller is very much a main contributor to what MLB is today. He had no interest in trying to create a level playing field for teams throughout MLB. He wanted a free market system with no rules. Upshaw was smarter than him in this matter and he knew that allowing Jerry Jones and Daniel Snyder to have $400 million payrolls doesn't help his players as a whole if the Glazier family and Mike Brown spending $30 million on payroll.

I'm not sure where you're getting some of your information. The NFL was managing + selling its rights collectively and sharing revenues since 1961, before Upshaw was even a player in the NFL, let alone a union rep. If anyone deserves to be singled out for credit for the NFL's adoption of its revenue sharing model and centrally organized structure, its Pete Rozelle. During Upshaw's tenure as union rep, the NFL actually saw its revenue sharing model weakened significantly when, in the mid '90s, Jerry Jones sued the league and leveraged a settlement allowing franchises to enter into individual deals regarding name rights and endorsements, and local media. Obviously, Upshaw had little if any role in this.

The same can't be said for the 2006 CBA, in which Upshaw successfully fought for the players' to share in revenues from local rights management, while the revenue sharing agreement among the ownership was only modestly -- and in retrospect, insufficiently -- adjusted. That said, Upshaw's responsibility was to his union, and securing the players a share in local NFL revenue streams was rightfully his #1 priority.

So clearly, while Miller and Upshaw were both brought in at similarly crucial times for their nascent unions, the leagues they were negotiating with could not have been more systemically different. MLB had already calcified in its regionally operated and managed organizational structure when Miller became involved in the mid '60s, and the NFL already had a much more robust central league operating authority when Upshaw became union head. Both of them successfully fought for their constituents' free agency, within the parameters of the organizations they were negotiating with.

Miller isn't responsible for the absence of a salary cap in baseball, because MLB lacked the central authority to negotiate one. With only negligible revenue sharing in place and an already stratified field of franchises, there was no incentive the league could give to get the big market franchises to agree to one, and no central resources to subsidize the small market franchises to meet a salary floor. Miller had nothing to do with creating the systemic inequity between the small and large market teams -- that had long been in place.

While increasing the cost of payroll by removing the artifical restraints on players' market values did, of course, constrain the small market teams more than the large market ones, this is akin to Upshaw's securing the players' stake in local revenues. Both were moves that the unions had to make, trusting that the other side would handle the resulting internal issues. The NFL has proven capable of making those adaptations. MLB has not.

So I don't know who holds to this conventional wisdom on role of Marvin Miller you refer to, but I'd be interested in hearing any of its adherents make a cogent argument why Miller is responsible for baseball's problems, especially considering that parity in baseball has actually significantly increased since his tenure, even if he didn't have much to do with that. I also don't think you can really point to parity as a primary factor in the NFL's rise to prominence over baseball. Seems to me it has more to do with the NFL's ability to collectively negotiate TV deals that promote the growth of the league as a whole, as well as fundamental changes in the way we consume sports.

Baseball was kind back when following a sports team meant for most people listening to games on the radio and/or reading about them in the paper the next day. Going to the game was only way you could see it being played, and the majority of fans could only do this on occasion -- but at least baseball offered you 100+ chances over the course of a summer. So doesn't it make sense that the sport that can be more accurately understood from a box score and more closely followed on the radio would gradually lose out to a sport that's much more exciting to see played as watching games on TV became the primary media for following your team?
 
Sounds like the deal is going to be approved this AM by the EC and reps, then on to plaintiffs. If what Peter King has in his MMQB is correct it sounds like little changed other than the timeline and the players insisting on inclusion of an opt out clause (to be exercised in 2015 and take effect in 2017) which will only potentially hurt them if it gives the networks pause when negotiating the new TV deals for 2014 and beyond...

King seems to indicate that the guaranteed money proposal remained as previously stated in the owners proposal and the $320M in lost 2010 benefits didn't get paid. With all the changing reports about just what it was that remained outstanding it's hard to figure out what the delay gained the players.

Still conflicting reports but supposedly teams will open their doors tomorrow with TC's starting on a 10 team rolling schedule and FA (the league year) commencing on Friday evening... But that info may still be fluid. May be able to sign UDFA's beginning tomorrow and talk to but not sign FA until Friday evening.

Nice mention of Bob Kraft's significant role in the negotiations.

One more note on this: Several from the players' side singled out Patriots owner Bob Kraft for his role in getting momentum going when there was very little last spring. As one of the key members of the players' side told me: "He told us, 'I'm not going to hope either side makes a bad deal, because then our relationship suffers, and then the whole business suffers. And my family's going to own this team for years and years. We want to see it healthy for both sides.' That registered with us. He's a real deal-maker.''


NFL owners and players nearing an end to lockout and labor dispute in time for full 2011 NFL schedule* - Peter King - SI.com
 
I'm not sure where you're getting some of your information. The NFL was managing + selling its rights collectively and sharing revenues since 1961, before Upshaw was even a player in the NFL, let alone a union rep. If anyone deserves to be singled out for credit for the NFL's adoption of its revenue sharing model and centrally organized structure, its Pete Rozelle. During Upshaw's tenure as union rep, the NFL actually saw its revenue sharing model weakened significantly when, in the mid '90s, Jerry Jones sued the league and leveraged a settlement allowing franchises to enter into individual deals regarding name rights and endorsements, and local media. Obviously, Upshaw had little if any role in this.

The same can't be said for the 2006 CBA, in which Upshaw successfully fought for the players' to share in revenues from local rights management, while the revenue sharing agreement among the ownership was only modestly -- and in retrospect, insufficiently -- adjusted. That said, Upshaw's responsibility was to his union, and securing the players a share in local NFL revenue streams was rightfully his #1 priority.

So clearly, while Miller and Upshaw were both brought in at similarly crucial times for their nascent unions, the leagues they were negotiating with could not have been more systemically different. MLB had already calcified in its regionally operated and managed organizational structure when Miller became involved in the mid '60s, and the NFL already had a much more robust central league operating authority when Upshaw became union head. Both of them successfully fought for their constituents' free agency, within the parameters of the organizations they were negotiating with.

Miller isn't responsible for the absence of a salary cap in baseball, because MLB lacked the central authority to negotiate one. With only negligible revenue sharing in place and an already stratified field of franchises, there was no incentive the league could give to get the big market franchises to agree to one, and no central resources to subsidize the small market franchises to meet a salary floor. Miller had nothing to do with creating the systemic inequity between the small and large market teams -- that had long been in place.

While increasing the cost of payroll by removing the artifical restraints on players' market values did, of course, constrain the small market teams more than the large market ones, this is akin to Upshaw's securing the players' stake in local revenues. Both were moves that the unions had to make, trusting that the other side would handle the resulting internal issues. The NFL has proven capable of making those adaptations. MLB has not.

So I don't know who holds to this conventional wisdom on role of Marvin Miller you refer to, but I'd be interested in hearing any of its adherents make a cogent argument why Miller is responsible for baseball's problems, especially considering that parity in baseball has actually significantly increased since his tenure, even if he didn't have much to do with that. I also don't think you can really point to parity as a primary factor in the NFL's rise to prominence over baseball. Seems to me it has more to do with the NFL's ability to collectively negotiate TV deals that promote the growth of the league as a whole, as well as fundamental changes in the way we consume sports.

Baseball was kind back when following a sports team meant for most people listening to games on the radio and/or reading about them in the paper the next day. Going to the game was only way you could see it being played, and the majority of fans could only do this on occasion -- but at least baseball offered you 100+ chances over the course of a summer. So doesn't it make sense that the sport that can be more accurately understood from a box score and more closely followed on the radio would gradually lose out to a sport that's much more exciting to see played as watching games on TV became the primary media for following your team?

First, I never said Upshaw invented revenue sharing. He championed it to help spread more throughout the NFL. Yes, the NFL had been collectively bargained the TV right since the 60s, but a lot of things were not shared and not shared even until the 2006 CBA like luxury boxes and some marketing deals (before 2006, the individual teams got 100% of that revenue for themselves). Upshaw was in the played a role to get that. He knew that if small market teams didn't have the money, they couldn't sign players.

Second, long after Marvin Miller MLB did come up with a weak form of revenue sharing in the luxury tax. It is a weak form because only a handful of teams that pay this tax and the small market teams don't have to use any of the money they get from the luxury tax on the players. So there are Miller could have done.

Third, parity most definitely plays a factor in the NFL's dominance over the MLB. Every team in the NFL has a legitimate shot to win the Super Bowl within three years if they are properly managed and coached. You can't say that for MLB. That keeps fans interested. Look at New Orleans. About a half dozen years ago, Tom Benson was looking to move the team to San Antonio because the SuperDome was empty. Now they have a mile long season ticket waiting list and Saints merchandise are among the hotsellers. In a non-parity system, the Saints would have been moved and the majority of the region would be only casual fans.

Fourth, what Miller brought to MLB is by far not the only reason for the decline of the sport, but it was certainly a contributor. There are a bunch of other reasons for the decline, but the free agency he won definitely plays a factor in it. He didn't fight for a system that would support his free agency and that was shortsighted. He should have pushed for a salary floor (which Upshaw fought for and got) where teams have to spend a certain amount. A lot of what he did was great in that he got the players out of a system of indentured servitude, but it doesn't mean what he helped to create was neccessarily good for the sport in a lot of ways.
 
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Rob and lamafist...get a room.
 
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