NFL Players Association ramps up fight over rookie contract language
The NFL Players Association recently sent the league’s management council copies of two provisions it believes are prohibited in rookie contracts – the latest step in a fight that has slowed negotiations for some teams and could lead to grievances down the road.
As USA TODAY Sports reported May 5, the NFLPA sent a memo before last month’s draft, urging agents to reject provisions the union feels are prohibited from rookie contracts under the collective bargaining agreement. Team executives argue they’ve been using the same language for years without issue and that the NFLPA is misinterpreting Article 7, Section 3 (c), which lays out 13 permissible terms not related to compensation.
The NFLPA took the issue a step further this week by sending two of the provisions in question to the NFL Management Council, which “did not engage in substantive discussions with the union, nor did it attempt to intervene in the contract negotiations identified by the union,” a person with knowledge of the league’s thinking said. The person spoke on condition of anonymity because they weren’t authorized to discuss the issue publicly.
While some draft picks have already signed contracts containing what the union deems “bad language” – including certain repayment and offset language, non-tampering clauses and other matters not directly related to compensation, which is largely pre-negotiated under the 2011 CBA – the NFLPA has made clear it may try to void them later through the grievance process.
“We continue to advise players and agents as to what the collective bargaining agreement allows with respect to rookie deals,” said George Atallah, the union’s assistant executive director of external affairs. “We’re monitoring the situation closely and will review our options as we always do.”
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The Minnesota Vikings, who uncharacteristically hadn’t signed any of their 11 draft picks as of Thursday morning, got two deals done in the afternoon. Those contracts included language the NFLPA had been fighting – the same language the Vikings have used for years, including with the undrafted free agents they signed this month, and virtually identical to language used by other teams on draft pick contracts this year, people with knowledge of the deals said.
Each team uses its own standard contract language. So, while some teams have had no issues – e.g. the Carolina Panthers, who signed their entire draft class within a week of the draft – others have had contracts they thought were done kicked back because of the dispute.
Other examples from last year’s rookie deals cited in the NFLPA’s memo to agents include a requirement that a player submit to an extra offseason medical exam, language that would allow a club to deduct and offset all advanced non-guaranteed salary, clauses pertaining to future issues that might affect a player’s availability, and a requirement that a player disclose any changes in his health and cannot seek any treatment without informing the club.
“Per the CBA, if an impermissible term is included in a rookie contract, it is void ab initio and of no legal effect,” the union’s memo said. “However, even though such terms are void, no agent is permitted nor authorized to include any prohibited term in a rookie contract.”
Unsigned players can take part in spring practices by signing participation agreements, but not training camp. While it remains unlikely this issue would cause any rookie to miss time in camp, it’s a hurdle for some in negotiations at a time there aren’t many left.
Follow Tom Pelissero on Twitter @TomPelissero.
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