Tuesday, August 7, 2007

Gene Upshaw: Labor Legend

Gene Upshaw
OK, so I took some heat earlier this summer for my portrayal of Gene Upshaw as the good guy in the debate over NFLPA pension plans. I still think Upshaw is the good guy here.

I found this outstanding article posted by ESPN.com Tuesday Morning Quarterback columist Gregg Easterbrook. Here are some of the most relevant points pertaining to Upshaw and the NFLPA...

The foremost responsibilities of a labor union are to maximize wages and jobs; on these scores, the NFLPA numbers among the most-accomplished unions ever. Consider NFL wage trends since 1993, when the salary-cap system and current collective-bargaining format were adopted. Stated in today's dollars -- all money figures in this section are converted to 2007 dollars -- in 1993, the salary cap was $47 million. This year, the NFL salary cap is $109 million. That's a 132-percent increase in per-team player spending over 14 years, roughly a 10-percent annual improvement.
Easterbrook addresses the debate over the NFLPA's accomplishments:

...remember that pro football free agency did not pop out of the air, it was won by the union. Once free agency was achieved, the NFLPA resumed collective bargaining and decided to abandon confrontation for cooperative negotiation. Fourteen years of cooperative negotiation have proven a better model for NFL players, including the retired players, than the confrontation that came before -- much higher pay, no lost wages from strikes or lockouts. The proof is in the pudding: Why are ESPN, CBS, Fox and NBC willing to pay astounding sums for NFL broadcast rights? Labor peace assures the networks a steady supply of quality games.
and the coup de grace...

Beginning at age 55, current players will receive $5,600 per year for life, per NFL season played. So the average player who's in the league three seasons will get a $16,800 annual pension; a five-year performer gets a $28,000 pension and a 10-year veteran gets $56,000 annually. The start year of 55 is sooner than most corporate and public-sector pensions. And the key point is that they are pensions for only a few years of employment.

Corporate or government employees in traditional plans get their pensions in return for decades of work. The average NFL player who will get $16,800 per annum starting at age 55 worked three years and clocked out for his final time at age 26. "Retired" has never been the right word for former pro athletes, since most players leaving the NFL don't retire, rather, go to some other career for most of their adult lives. Current-player benefits also include an annuity that if invested conservatively would provide roughly another $5,000 annually beginning at 55, and a 401(k) with $20,000 in annual matching payments for those smart enough to use it. Thus even the average player who stays in the NFL only three seasons can put himself in solid long-term financial position if he makes smart choices.

Doesn't Major League Baseball promise retirees a lot more? Yes and no. A currently retiring 10-year MLB player will qualify for a $175,000 pension, versus $56,000 for the 10-year NFL player. But the MLB pension does not start until age 62, so the 10-year NFL veteran is $392,000 ahead on the day the baseball benefits begin. Because the NFL employs many more players than MLB, football's benefits are spread to a larger group of pensioners. Finally, the NFL pension fund is in better financial shape than its MLB counterpart. The NFL fund has $1.1 billion in the bank, while the MLB pension system has roughly $1 billion in unfunded liabilities.

For older NFL retirees, pension benefits are generally about half the level of those for current players. An NFL athlete who retired before 1982 gets $3,000 per year per season played, so a five-year older retired player draws $15,000 annually, a 10-season older player draws $30,000. But bear in mind, many older retired players had few or no pension rights in their contracts, and left the NFL expecting little or nothing when they aged. Before 1959, there were no NFL pensions. A system established for those retiring in the 1960s and 1970s originally paid only about $1,000 per season played and did not kick in unless the veteran had five seasons -- with an average three-season career, the typical player never vested. Retroactive pension increases in the 1993, 1998, 2002 and 2006 contracts upped the older player's pension from $1,000 to $3,000 annually per year played and eliminated the five-year floor. So older players generally get only half what current players will get. But that amount is more than double what older players received before 1993.
As for the whiners...

The older players you've seen quoted denouncing the current union -- Herb Adderley, DeLamielleure, Ditka, Bernie Parrish and others -- never won significant pension rights when they were active members with NFLPA voting power. The big pension increases for older players have come since the advent of cooperative bargaining, while the earlier fist-shaking approach, which the old timers extol, failed to win decent pensions. Older players such as Ditka who today pound the table saying the union should be confrontational are overlooking that it was the cooperative years that got the older players practically everything they have. Had the union remained confrontational, NFL income would not have risen so spectacularly, and there would have been less revenue to assign to the older retirees.
So let these idiots blame Gene Upshaw until they are blue in the face. No labor leader has done more for the constiuents that he represents or the industry that his constinuents make their living in. Are my views tainted by the fact that he was a Raidedr? Absolutely not. He's done plenty for the players. Give the guy some credit, and don't believe everything you see thrown at you by grown men who didn't have the common sense to save for a rainy day.

Easterbrook's entire article can be found here

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7 Comments:

Anonymous Anonymous said...

Do you feel that Eaterbrook's article is "outstanding" because he agrees with your portrayal of Gene Upshaw as being a good guy? Unfortunately, all the information included in the article is not accurate.

Easterbrook writes:

So the average player who's in the league three seasons will get a $16,800 annual pension

While it is true that the average player only plays three seasons in the NFL, it is also true that it takes FOUR credited seasons for a player to be eligible to receive a pension benefit. Easterbrook's assertion that the average NFL player will receive a $16,800 annual pension is false. A player with only three years of NFL service, the average player, is INELIGIBLE for any pension benefit.

I invite you and Easterbrook to call the NFLPA at 800-372-2000 to do a little fact checking. Call and ask about the pension benefit for a player that plays three season.

Do you still feel Upshaw is a "good guy" when the average NFL player will never collect a pension benefit?

August 8, 2007 10:47 AM  
Anonymous Mike said...

Why should anyone who works in any field for less than three years be eligible for a pension??? It's ludicrous to think that 2 years or less of service are eligible for a pension.

I'd say a three year threshhold is pretty generous frankly. What profession has a pension plan better then that?

Nobody is holding a gun to these guys heads telling them they need to be pro football players. Serve two years in a job, and expect to be forever rewarded for it? That's insane.

I think Upshaw has elevated football to the stature that it maintains today, because he's worked with the NFL.

August 8, 2007 12:27 PM  
Anonymous Anonymous said...

What profession has a better pension plan than the NFL?

Hmmm....Major League Baseball, the NBA, and NHL. Of course the labor leaders in these leagues also have formal labor law training, unlike Gene Upshaw.

In 2003, according to the U.S. Department of Labor, injury rates were 8 times higher in the NFL than any other professional sports league.

The problem isn't just with pension benefits, but disability benefits and post career healthcare. Retired professional athletes private health insurance will not cover football injuries since they are considered "industrial accidents." You can have the best private health insurance that money can buy, but it won't cover your football injuries!

I know some fans will see the players that complain as crybabies. I hope fans can realize that the money needed to properly fund post career benefits would be a drop in the bucket to NFL owners.

These billionaire NFL team owners are the same people that demand taxpayers fund their stadium building projects or threaten to move the team to another city.

These billionaire owners also count on taxpayers to pay for the disability and health benefits for older retired players who rely on Social Security benefits. Every taxpayer pays into the Social System fund. Too many times retired players qualify for Social Security disability benefits after being denied their NFL disability benefits.

The owners need to stop counting on the public to pay for their business expenses, such as stadium projects and disability benefits for retired players. These billionaires need to take care of the people that helped them make their billions.

August 8, 2007 12:59 PM  
Anonymous Anonymous said...

The Raiders own Jim Otto has spent more than a half million dollars out of his own pocket paying for care to treat his NFL related injuries. Otto just had his leg amputated in a hospital in Utah. Is he a whiner too?

Even Al Davis has fought to increase pension and disability benefits.

Maybe someday people like Easterbrook and yourself will stop eating up the spoon fed "facts" Gene Upshaw provides to you.

Unlike Jim Otto, Upshaw makes over $6.7 million a year and has both of his legs.

See:

http://www.usatoday.com/sports/football/2007-08-01-4141235890_x.htm

August 8, 2007 3:33 PM  
Anonymous Mike said...

You're saying the NHL has better labor representation than the NFL? Are you serious? Please tell me you think Bob Goodenow and Ted Saskin are better player representatives than Gene Upshaw. Oh wait, they both got fired over the last two years. The NHLPA is leaderless.

Why has Gene Upshaw been repeatedly voted in as the head of the NFLPA year after year? Perhaps it has something to do with all the value he brings to the members of that association.

If you;re saying that these other leagues bring value because they demand strife between the associations and the leagues they play for, then I'm afraid I can't argue with you. Typical unionization is good for two kinds of people:

- the ones that run the unions

- and the ones who expect a free ride

The players that are whining now agreed to half assed deals that left them nothing. Upshaw had nothing to do with those deals. So he supposed to penalize the players that are reaping the biggest dollars for teh association to pay the ones that generated little originally? Sounds like welfare.

If your expectation is that Upshaw implement a welfare program, then he won't last as uniond chief. The existing players will vote him out.

August 8, 2007 11:19 PM  
Anonymous Anonymous said...

Mike,
You are changing people's words to fit your argument. The previous post states that the NBA, NHL, and MLB have better pension plans than the NFL. I would also argue that Billy Hunter and Don Fehr blow Upshaw out of the water in terms of labor representation. I am also confident that the NHL will find a competent labor leader and that leader won't be a freshly retired player like Upshaw was when he was plugged into his current post.

The NFLPA is quick to point out that Upshaw has been repeatedly been re-elected through a unanimous vote. It's easy to be voted in unanimously when no one has EVER run against you.

Upshaw was unwilling to communicate with retirees regarding disability, pension, and health care issues. It wasn't until Roger Goodell arranged a meeting with several retirees that Upshaw met with a few players.

Again, this is another example of Upshaw doing exactly what the commissioner(owner's representative) told him to do. I guess Goodell found that leash that Bryant Gumbel was talking about.

Players are not eligible for a pension benefit unless he has four years of service. The average NFL career, Easterbrook states, is three years. That means the majority of the players, players that pay $10,000 per year in union in dues, are not eligible for a pension benefit. Those union dues fund Upshaw's $6.7 million per year in compensation. Donald Fehr brings in $1 million per year.

Your opinion that players who only spend a few years in the NFL don't deserve a pension is not a well thought out argument. It is the same argument that fans complaining about players high salaries have. The money is there. The only question is whether the money stays in the owners pockets or goes to the players. Would you rather the money stay with the owners?

It is becoming more and more apparent that many former NFL players have severe health problems as they grow older. Jim Otto is just one example of this. Now Otto lies in a hospital bed with only one leg. Otto previously fought for his life on two occasions because of severe infections stemming from surgeries relating to his football related injuries. Who has the responsibility to pay for Otto's treatment and disability benefits? Is it your responsibility as a taxpayer to pay to support Otto through your social security contributions? Should Medicare be paying for his treatment? Or is it the responsibility of the billionaire owners that profited from Otto's efforts?

While the money in the NFL mind boggling, it isn't the result of anything Upshaw has done. The popularity of the sport is what has brought in the big dollars to the sport. That money has trickled down to the players.

August 9, 2007 10:25 AM  
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