Dear NFLPA President Troy Vincent and the NFLPA Executive Officers: Before I begin, I want you to know that I do not speak for, or on behalf of the retired players.  What I state in this letter is my own personal opinion that has been shaped through my discussions with the Alumni and my research on issues related to NFL retired players. This email is being copied to approximately 3,000 retired players listed in the 2004-2006 NFLPA Retired Members Directory that was produced by the NFLPA – Retired Players Department.           First of all, I hope everything is going ok for each of you this off-season. This time of year was always the toughest and most anxiety filled for veteran players, especially when you realize that your teams have brought in some new players and drafted some younger guys that are looking to take your job.  Unfortunately, the time comes when we all have to retire and make way for the next generation of players.   When that time comes, it will be nice for you to know that there are some active players that will still look out for you.  I want to thank you and the NFLPA Executive Committee for your assistance in giving retired players some consideration as the final terms of the Collective Bargaining Agreement are hammered out.   At the Players Convention in Maui the active players approved a resolution asking the NFLPA to use its best efforts in bargaining with the NFL to increase the benefit credit amounts for all retired players. Gene Upshaw now has the future of over 9,560 "vested" retired players in his hands.......... and you have given it to him!    For many of the retired players, that is a tough pill to swallow when you consider some of the comments that Gene has made over the past year.   I think the pressure of CBA negotiations and his attempt to impress the current players and the NFLPA Executive Committee (who have the power to vote him out of office) led to some of the unfortunate comments that became very public. Both sides have been guilty of inflammatory remarks, but that is because so much is at stake.   I think many retired players understand this, but the statements still damaged relations and placed an unnecessary wedge between active and retired players.   We were happy to hear that active players gave Butch Byrd a standing ovation for his remarks to player representatives at the Maui Convention, and we now have a renewed optimism that you and the Executive Committee will increase the benefit credit amounts for retired players.            Although there are numerous issues and concerns that retired players would like to have addressed regarding the Disability Plan, Medical Benefits for Retirees, the Retirement Board etc., my comments are focused on the Bert Bell Retirement Plan.    

In one of Gene Upshaw's statements this past year he said, "I tell the former players this, and they don't like to hear it, but there is no way we can make their pension like today's player. We can't afford it."

Personally speaking, I don't think most of the retired players expect a pension like today's players.  In addition to the Bert Bell Retirement Plan, current players also have additional retirement "type" benefits such as the Severance Pay Plan, the NFL Player Annuity Program and the NFL Player Second Career Savings Plan.  Also, the team salary cap will continue to increase for years to come as revenues continue to grow at an amazing rate.   Paul Tagliabue stated that " players' salaries will grow from a

hundred million a team in the 2005 season up toward 160 to 170 million a team at the end of this deal."   The forecast looks unbelievably good for current and future players. 

Gene Upshaw also stated that no other companies and professional sports teams have gone back, like the NFL has done, to increase pensions for retirees.   That may be true, but we are like no other company the World has ever seen. The NFL TV contracts are larger than those of all other professional sports combined!

Comparing us to other companies is like comparing Apples to rotting Oranges.   How many employees at General Motors are inducted into the GM Hall of Fame?  When was the last time an employee for Holiday Inn got a 1 million dollar endorsement fee from Nike just to wear their shoes? How many former MVP's were introduced and paraded out at the Superbowl of the Airlines? We do have one thing in common with the above companies…..our workforce was exploited, underpaid and denied basic benefits for many, many years……until we finally unionized and began to fight for our fair share.  The biggest difference between those companies and the NFL is that while their revenues are pretty flat, and in some cases are going down, the NFL's is skyrocketing.   The other big difference is that NFL players have a very short career.     

The fact is, we are unique. We are in the entertainment business, but even though the NFL still profits from our time as employees, none of us are getting any royalties when the NFL Network and the other TV networks glorify the history of the NFL through documentaries, and then show our past performances in Superbowls, Playoff Games or other notable games that they use to promote their product. Last August, during the Hall of Fame weekend some of the NFL's greatest stars were brought in to help over 100 coaches by participating in clinics, educational seminars and roundtable discussions. The NFL is constantly marketing the Hall of Famers and other great players.

The point is this….the NFL is still profiting from retired players and using us to sell its product.   I'm not complaining that retired players are being used in this way.  I think most of the retired players are happy to be ambassadors of the NFL.   If we didn't feel this way, you wouldn't see Retired Player Chapters springing up all over the United States and working closely with NFL Teams.  What we are complaining about is the meager compensation for our efforts. 

The problem is this....... any revenues that go to retired players, has to come from a pool of money that is basically reserved for current players. That's because the NFLPA agreed to fold the pension plan into the salary cap figure. Therefore, if retired players want any pension increase, it will effectively reduce the overall money that current players can tap into.  Was it wise to fold the pension plan to the salary cap? There are pros and cons to this issue, but the only thing that matters at this point is....... are the current players willing to give up money to help retired player pensions?

As the president of the NFL Players Association, you are in a unique position to influence the negotiations between Gene and the owners, but honestly speaking, the owners don't really care if the money is spent on active players or retired players, because the amount is already defined.   If I read it correctly, the 2006 CBA Extension Term Sheet, which can be found on page 3 at the following link: http://www.nflpa.org/PDFs/Agents/2006_CBA_Extension_Term_Sheet.pdf   (You need

Adobe Acrobat to view this document) states the following " a sufficient amount of NFL network money shall be allocated to fund new benefits of 3 million for 2006, 3.5 million for 2007, 4 million for 2008 and 4.5 million for 2009 with a performance based pay pool of 3.5 million in 2006 and yearly increases thereafter of 250K."   Page 5 of the Term sheet states that new benefits will be spent on benefits determined by the NFLPA, including a medical savings plan.  Increases in existing benefits (e.g., postseason pay, preseason pay, preseason per diem, etc.) to be agreed to consistent with previous increases.  The Term sheet doesn't even bother to mention the Pension Plan as one of the examples.

If this is the money that could potentially be used to increase retired player pensions, I have to say it is a woefully inadequate amount (less than some players make in one year) and if it is spread across the board to all 9,560 retired players it will not amount to much of an increase for anyone.   Nonetheless, we are still hopeful that money can be found and set aside for retired player pensions. 

You and the Executive Committee agreed to set aside 5% of Total Revenues for things like Youth Football, NFL Europe, Players Inc. payments and NFL Charities…..so hopefully you can find something for the retired players.  

You and the Executive Committee also negotiated to set aside 1.8% of Total Revenues for G-3 Stadium Construction projects.   These funds are subject to NFLPA approval and if the money is not used to fund construction, "it shall be held for authorized projects in future years."   Hey, I have a suggestion for an authorized project….increase retired player pensions!

I think its great that the NFL has set aside money for Youth Football, but was that really a bigger priority than helping out your Alumni Brethren?  

Lets face it, the real negotiation for increased pensions isn't between Gene and the NFL Management Council/Owners. The real negotiation is between the active players, and in particular, the Executive Committee.   If retired players don't get something through this process, it is not Gene that will be blamed.  Don't make Gene Upshaw the "Fall Guy"……. that's already in his job specs.   You have the power over all of his actions, and you guys need to tell Gene what you want him to do, and believe me when I say this.......9,560 retired players will be watching this one closely. Many of us have gone through unbelievable hardships due to poor and inadequate medical procedures during our era of play. I personally have two 10 inch zippers on my left knee that in today's NFL could have been repaired through new arthroscopic procedures and possibly prolonged my career. We weren't even allowed to get a second medical opinion!   I can't even begin to imagine the sacrifices that were made during the early years of the NFL, but I have heard some of the horror stories and have seen the documentaries like the one they did on Jim Otto. It's a must see for all current players.

I'm not going to get into the problems with the NFL Disability Plan and other medical issues in this letter, but this issue has severely impacted many of the retired players incomes and earning potentials and has affected the quality of life for thousands of retired players.  

If the NFLPA funds the proposed Medical Savings account for current players before it addresses the issues and problems with the Disability Plan and Pension Plan, there are going to be some very angry retired players.            

Many of the16,000 retired players.....from the Hall of Famers down to the average player.... feel like they've been forgotten by the new generation of players.   All the things that we fought for to help the game become what it is today, is simply overlooked and ignored by many of the current players.  There is a lot of resentment that has been building for quite some time now, and many retired players are tired of the lip service that has been given in the past.  Many players have spoken out publicly on issues regarding the NFLPA, NFL Management, the NFL Pension Plan and the NFL Disability Plan. Some of those who spoke out include:   Joe DeLamielleure, Tom Matte, Deacon Jones, Jerry Kramer, John Mackey, John Unitas, Mercury Morris, Ordell Braase, Bruce Laird, Mike Siani, Marcus Allen, Doug Goodwin, Joe Montana, Mike Webster, Jim Otto, Howie Long, Jim Plunkett, MacArthur Lane, Charlie Krueger, Herb Aderley, Dan Colchico and Butch Byrd. All retired players owe a debt of gratitude to them for the courage it took to speak out.

You might also be interested in this news item that came out May 17, 2006.   Jerry Kramer announced that he will auction his replica Super Bowl I ring in an online auction at JerryKramer.com to establish a fund for retired players in need. Kramer had the replica made to replace the ring that was stolen (since recovered) and has worn it for many years. The ring is an exact copy of the original Super Bowl I ring. The proceeds from the auction will be used to establish a trust fund that will provide financial assistance to those retired players who are disadvantaged or indigent due to the inadequate pension and disability compensation provided to older players by the league. Jerry said, "I have always had great concern and frustration regarding the condition of some of the retired players who helped build the league. The physical and economic conditions they deal with due to the lack of a sufficient pension and disability compensation is reprehensible. I just want to try and do something about it personally to help some of the guys who need it most," said Kramer.  For more info on this, go to JerryKramer.com 

The current players need to understand one very important fact!.....they are now reaping the benefits of the retired players hard work and union activities during our era We went on strike in 1974, 1977, 1982 and 1987. I would be remiss if I didn't mention that in the years before the strikes, players were in a very precarious situation. It was very easy to get blackballed from the league for any union activities. And many were!  

This has been a long and sustained battle and once we got unionized, we continued to get smarter every step of the way. It was the 1987 strike that eventually led the players and NFLPA to the smartest move of all. Decertification of the union! This step effectively forced owners to obey the Anti-Trust Laws. Of course we know what happened.......they did not follow the law and we sued them. They knew they were going to lose the court battle and that would have cost them hundreds of millions in treble damages and would have changed the face and structure of the NFL forever. The owners knew it would be total chaos if they did not eventually settle in 1993. The draft would have been a thing of the past. It would be a free-for-all in signing players. They wouldn't be able to share TV revenues. Some teams that didn't generate enough local revenue would have folded. All

of this would have happened because of Anti-Trust Laws designed to protect the worker and the public in general.

Why didn't the NFLPA decertify back in 1974, '77, or '82?  We could have forced the sharing of owner wealth a lot sooner. We will never know. I guess sometimes you need to get your ass kicked a few times before you really fight back. And we fought back, and players got blackballed and careers ended.   The point is this............we paved the way……we did the heavy lifting, and now we would also like to partake in the fruits of our labor!

We recognize that the NFLPA has increased pensions in the past, but the increases in terms of actual dollars have been modest for most retired players because they were percentage increases based on our existing benefit credits, and just like the old song goes "Nothing from nothing leaves nothing".

The NFLPA Constitution states in the cover letter to the preamble "We the National Football League Players Association....pay homage to our predecessors for their courage, sacrifice and vision.

The best way to pay homage to retired players is not through words, but through deeds. A good place to start would be to increase Retired Player pensions.

As you know, the Retired Players will be discussing this issue and many others at our Convention in Phoenix.   It is my hope that we can come to some type of consensus on all of our concerns and have them seriously considered by the NFLPA Executive Committee.

This brings me to my final comments. The issue of retired player representation in the NFLPA needs to be addressed as soon as possible. Having a stronger voice is imperative, not only for us, but for the approximately 250 current players who join the ranks of the retired every year. This issue continues to be tabled by the Executive Committee.   

The NFLPA Constitution states that "the NFLPA pledges to preserve and enhance the Democratic involvement of our members; confirm our willingness to do whatever is necessary for the betterment of our membership - to preserve our gains and achieve those goals not yet attained."  

One way to enhance the democratic involvement of retired players is to amend the NFLPA by-laws to allow at least one retired player to sit as a non-voting member of the NFLPA Executive Committee.   The truth is, having one retired player is more symbolic than anything else, but at least we would have someone at the table speaking up for the issues that specifically concern us……. and will someday concern you.  I am not saying this to demean or minimize the hard work and dedication of the NFLPA Retired Players Department staff.   But the fact is, they are employed by Gene Upshaw and can be fired by him, therefore they are not able to speak as freely as we would like them to.

Ed Garvey was the Executive Director of the NFLPA before Gene Upshaw took control, and Gene likes to quote him from time to time saying "He always told us, `One day,

you will not be in this room making decisions. Someone else will be in this room making decisions and don't ever forget to go back."

Troy, as the President of the NFLPA you said something last year that made me feel like you understood the issue of Retired Player Pensions and Retired Player representation. You said "It was important that we prepare now rather than waiting until the last hour to prepare for a fight. We have to think about the men who have come before us, who have allowed us to be at the table today."  [June 2005 issue of The Audible]

You and the Executive Committee are now at the "Dinner Table"….and 20 years from now will you be asking the same question that Tom Matte, former President of the NFLPA recently posed, when he said "We built this game for you guys. Why can't you throw us a few crumbs?" 

Five years from now, most of you will no longer be eating at the NFL table, but with the current average player salary being $1,400,000 and the average annual starter salary being $2,259,000, none of you will be going hungry any time soon.

Don't misunderstand me, I think its fantastic that players are getting what they are worth, and I think many of the retired players feel this way too….. but it took a long, long time to get to this point, and the current players need to understand that the road was paved with a lot of blood, sweat and tears.

When you are among the ranks of the retired players, and you look back at your time as representatives of the NFL players, what will your legacy be? Will you be able to say that you truly helped Past, Present and Future Players? I don't think there will be any doubts regarding the later two, but will there still be doubts about how the current NFL Players Reps helped the retired players who shaped the history of the NFL?   You and the Executive Committee have the power to change the future……… and in doing so, help the past.         

The retired players are putting our faith in you to do the right thing.

 

Remember where you came from….how you got to the table……and don't ever forget to go back!

 

Sincerely,

Jeff NixonVice President

Buffalo Bills Retired Players Chapter