Bountygate has exposed that there's no such thing as labor peace in NFL

By Jason La Canfora | CBS Sports NFL InsiderJune 20, 2012 10:26 PM ET

Vitt picked up a rare win as the NFL recanted its claim of his payment to players. (Getty Images)

If the Bountygate fallout has taught us anything at all, it's that there will always be instances unforeseen by any collective bargaining agreement, and that there always will, and frankly should, be friction between labor and management. Only 10 months into the signing of this 10-year document, already it is being tested in an era of unprecedented offseason developments, some surreal and some just bizarre.

The NFLPA will continue to fight for issues it feels are important to its constituents, and to vigorously oppose the owners on matters in which it believes the league has failed, with the bounty investigation and hyper-stringent penalties the most glaring example. Likewise, the NFL will do what it believes must be done to protect the best interests of the game, and so the sides will invariably clash. That's the business.

Thus, even with two grievances denied -- still awaiting appeal -- and with an accused player, Jonathan Vilma, suing the commissioner, there is still the potential for further legal action against the league, according to sources with knowledge of the situation. And the NFL's displays of evidence to both the players, and the media, at the appeals hearing Monday has in no way dulled the union's will to continue fighting these penalties. The NFL claims the existence of a widespread bounty system with Saints personnel admitting as much during the investigation; players continue to vehemently deny it, Anthony Hargrove the latest to do so, and coach Joe Vitt came out on the attack Wednesday regarding allegations he paid $5,000 to players, which the NFL then recanted.

Just another 72 hours in this awkward affair.

If anything, Roger Goodell's drastic punishments have only enhanced the NFLPA's rank-and-file's rancor about the extent of the commissioner's powers. Of course, with the new CBA doing little to mute Goodell's authority on off-field discipline, this will be an uphill battle, but the quest is on. During the CBA talks, the issue of curbing Goodell's reach was trumped by some financial factors, and many of the players leading the charge as executive committee members weren't accustomed to running afoul of the league office and the topic didn't seem to be paramount with all.

It was sacrificed in the quest to stave off 18-game seasons and the like. In hindsight, those leading the NFLPA charge needed more foresight, and we shall see what can be accomplished in that regard now. But if anything, the NFL's aggressive tactics in the bounty case have emboldened the union's fight and unified them.

The handling of the Saints case has framed the scope of the commissioner's powers as an issue that can touch all players, even a ranking union official like Scott Fujita. Is it too late to mitigate Goodell's power? Perhaps. But remember, not all of the changes that come in this sport are through CBA talks. Major initiatives with the war on concussions were worked out before the lockout and construction of this CBA, and there is a constant dialogue between the sides with deals cut as addendums to the CBA with some regularity (the controversial salary cap agreement that stripped the Cowboys and Redskins of millions in cap space is one recent example).

So, what's the potential end game?

Well, the "global settlement" that ended the lockout clearly didn't resolve all dangling issues. There has been little progress on HGH talks, and I would be stunned if there will be any budging by the players on that anytime soon. It remains a potential chip for further horse trading. The league has left open the option of re-exploring the potential of an 18-game season, and it would take massive concessions to ever get it. But these are the kind of swaps that could at least at some point be discussed.

Say for instance that for the league to get HGH testing fully implemented, it might have to give the union the right to opt out of the CBA early, or agree to a panel of outside officials to work alongside Goodell on doling out suspensions. The NFLPA might not have a ton of leverage -- and its inability to get more of his power in check before this CBA was signed looms very large -- but it certainly has enough to continue the kind of back-and-forth that might ultimately lead to the resolution of some of these macro issues that continue to drive them apart.

There won't be any backdown and, as I noted, there could be a few more legal tricks up some sleeves. The legacy of this CBA could end up being as much about the differences that lingered on as much all that was sorted out. And I can't say I blame the NFLPA for bucking the league on the bounty saga.

First of all, if you have spent any time around Gregg Williams, you know that bluster and hyperbole are very much a part of what made his defenses so good. He is a master of pushing buttons and whipping players into a frenzy -- I covered his defense in Washington for four years -- but much of it was pointed rhetoric, and that's it. To dissect and parse it out literally, out of that context, tells a story not indicative of how his teams truly played on the field. The league has found notations for "knockouts" and "cart-offs", but how much of that was literal, as I don't recall a steady procession of Saints opponents being raced from the field week after week.

And I've got news for you: There isn't a defensive coordinator in the game who wouldn't relish being able to play two or three quarters of a game with the opposing starting quarterback on the sidelines through a good, clean hit. That's football, people. This ain't Chinese checkers.

With Williams, it's bombastic display for motivational impact, and it goes on to some degree or another everywhere. It's not great for the game and the Saints took it too far, but do we know that players making millions were intentionally trying to injure opposing players and then receiving actual payments for doing so? And if you aren't convinced, then does the league owe it to its fans to go to all lengths to display just that?

The dirty little secret of pay-for-performance has been exposed, again, but this can't be painted as a New Orleans problem. It has been going on forever. The Green Bay Packers were found to be doing as much in 2007 and received no real penalties, yet the subjects found to be involved in this case have been hit penalties the likes of which we have never seen before.

And the league is alleging obviously much more was taking place here, but again I ask: Do you feel as if they have proved it in the court of public opinion, or to the average NFL player? Especially now with former Saints practice squad player Earl Heyman publicly refuting the league's contention that Hargrove was caught by microphones yelling about being paid for a hit on Brett Favre.

And as best I can tell, the most damaging evidence the league has shared with players or the media points to a fairly elaborate pay-for-performance program, but lacks that true smoking gun laying out intent that members of this defense were going around trying to maim people on a weekly basis, and expecting actual payments for those transgressions. (Some of the ledgers the league has discovered, Saints players would characterize more as an imaginary scoreboard or sorts, and not actual documentation that any payments were actually made outside of sacks, forced fumbles, hits behind the line of scrimmage, etc?). The league says individuals have admitted much more, but yet the rebuttals continue.

Could be only those directly involved in the case have seen evidence directly proving these payments to injure, but given the sideshow atmosphere this has taken on, I would figure it's in the best interest of the league to pull no punches now. This investigation is by no means beyond reproach, and recent events create more questions than answers.

Vilma has gone to a level never before seen with his lawsuit. Hargrove stopped just short of taking a lie detector test in front of the league office Tuesday as he read his emotional statement declaring he did not utter anything about being paid on a videotape used as evidence by the NFL Monday. Then Vitt goes ahead and says he would take the test. And yes, many in the Saints organization should have been more forthcoming initially about matters of pay-for-performance, and part of their cover-up and initial deceit had to play some role in these harsh penalties. But that also doesn't mean that every statement given to the league, anonymously or not, in the investigation was correct or that all of this happening as literally as some of the locker room language might make it seem.

With so much power resting with the league, at times it seems the rules were being made up as this played out, right through the reportedly sudden decision to call in selected media members Monday for an impromptu briefing. A few more checks and balances wouldn't seem to be out of line to me. Maybe the NFLPA will manage to accomplish some of that goal, though it would hard to bet on it.

Regardless, you can't convince me this ongoing circus has been good for the business of the game, with players suing the commissioner and all, and it certainly has damaged Goodell's standing in the eyes of many players. He's easy to like and has had been a strong steward of the game throughout his tenure, but he and the league have opened themselves up to criticism here, and I'm not sure this will go away easily.

Building some better consensus early in the process, altering the wording of some of those press releases might have helped, and the league contends, strongly, that the NFLPA itself was not nearly as cooperative as it could have or should have been through the process. It's the ultimate he said/he said, and on and on it goes.

The dueling press releases and statements can be monotonous and tedious and painful at times to follow. But we should expect nothing less. It's part of the fabric of any big business, and football, with players risking so much to play and billions in revenue in the balance, is nothing if not big business. You can put the NFL and NFLPA right up there with Red Sox vs. Yankees, or Ali vs. Frazier, and given the very different masters these entities serve, I totally get it.

It's a partnership for sure, but a prickly one at best. Not even securing 10 years of labor "peace" during a period of record growth and prosperity can change that.

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Labor peace already a memory as NFL-NFLPA differences intensify

Roger Goodell finds himself getting more and more pushback from the NFLPA. (AP)

When the NFL and its players union last summer agreed to a new collective bargaining agreement, it was supposed to signal peace for the next 10 years ... only 10 months later, that peace is gone, replaced by a deep and uneasy distrust that threatens to polarize the two sides.

The latest example was Wednesday, when the NFL Players Association filed a collusion claim against the league, detailing a league "conspiracy" to circumnavigate the Reggie White settlement by allegedly imposing a secret $123 million salary cap for the 2010 season ... when there was no salary cap.

That move follows Tuesday's pas de deux over knee and thigh pads. The NFL said it will mandate them for the 2013 season, while the NFLPA said it cannot, that changes like that must be collectively bargained with the union.

That, in turn, follows NFLPA complaints and grievances filed earlier this month that challenge commissioner Roger Goodell's suspensions of four players for their involvement in the New Orleans Saints' bounty scandal. In essence, the union believes Goodell overstepped his authority and should not be allowed to rule on appeals of punishments he imposed -- even though the CBA players ratified last summer authorizes him to do it.

I think you get the idea. What we have here is a failure to communicate.

"You don't expect all parties to agree at any point and time," Goodell said, "but you have to drive toward solutions. At some point you have to make some decisions about what is best for the game."

The decision to mandate knee and thigh pads is a perfect example. According to Goodell, the NFL and NFLPA had been talking for three years about more protection for players, but the dialogue was inconclusive. So the NFL decided to move forward, notifying the union that its cooperation and input are valued until the rule takes effect.

Uh, no-can-do, said the NFLPA, and here we go again.

"Three years of discussion," Goodell said. "Technology has advanced. In fact, the CEO of Nike recently told me that when they introduced the new uniforms that NBA players were wearing more pads from the hips down than NFL players.

"There is something wrong with that. We need to put that protection in. You can discuss all you want, but at some point you have to reach a conclusion."

The conclusion the NFLPA reached was that the league overstepped its authority ... again ... and so it fired off a response that said, "While the NFL is focused on one element of health and safety, the NFLPA believes that health and safety require a comprehensive approach and commitment."

The union's opposition was based on principle, with the NFLPA insisting that mandating protective pads is a change in working conditions, which means they must be collectively bargained -- an opinion the NFL does not share.

But that's how it goes these days, where relations between the two are so fractured that the New York Times' Judy Battista on Wednesday tweeted, "Is it possible the NFL and NFLPA were getting along better DURING the lockout than they are now?"

Uh, yeah, it is.

All I know is I remember both sides signed off on a provision for HGH testing. That was last summer. Since then, the NFL has said it's ready to move forward, and the NFLPA has said it's not.

Welcome to their world.

"If you look at the tension, and you look at the natural angst," said Dallas owner Jerry Jones, "it's not surprising that you have 'us' and 'them' a lot -- just by the very nature of things. You can have a well-meaning issue, but you have differences of opinion as to how you work it out. That's part of a labor agreement. It doesn't surprise me at all that we have labor issues."

It doesn't surprise me, either. Employer-employee relationships are often by nature adversarial. But it's one thing to have occasional differences; it's another to engage in frequent public disputes over wide-ranging issues.

The rapport, understanding and cooperation that were there when Paul Tagliabue was NFL commissioner and Gene Upshaw was the NFLPA executive director seem absent now, replaced instead by a distrust so deep that Pittsburgh linebacker James Harrison last summer called Goodell "a crook" and "the devil."

"I hate him," he said in the August issue of Men's Journal, "and will never respect him."

Granted, that's James Harrison, and his opinions can be -- how shall I put this? -- extreme. But that lack of respect for Goodell and the league office seems to run deep -- so much so that when the NFL announced its intention to mandate thigh and knee pads, at least two of the San Diego Chargers told the Union-Tribune they aren't sure they'll comply.

Of course, they're not. Players and owners are as far apart as they were this time last year.

"It's not something that is unexpected," Jones said. "That's just the nature of it. You have a lot of things that go into club/player, coach/player [issues], the kind of thing that CBA addresses. You can't legislate some of the things that can come up, and those have to be worked through. And they will be.

"They have been in the past and they're getting worked through now. It's not always a good day there. But ultimately, we know we have to do what's in the best interests of fans to keep the NFL as exciting and as popular as it is, and we will most certainly do what's in the best interests of the players and the clubs."

That's a matter of perspective. What's not is that these two sides don't seem to get along.

"Our relationship is exactly what it's supposed to be," said a source close to the union, "especially when our interests are not aligned on issues that matter to our players or when things like collusion take place in our game."

But that relationship seems to be growing more hostile, which doesn’t exactly foreshadow future cooperation. Only 10 months ago center Jeff Saturday stood on the steps of the union's headquarters in Washington, D.C. and embraced New England owner Robert Kraft. I can't imagine that happening today.

"How would you characterize your relationship with the NFLPA?" Goodell was asked Tuesday.

"I don't characterize things very often," he said. "We continue to address the issues. We don't always agree, but we seek a resolution on those. Sometimes we will reach a consensus, and sometimes we won't. If that is the outcome, that is the outcome."

No, that is the problem.

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NFL begins looking for replacement officials as labor talks continue

The NFL Referees Association represents 121 on-field officials and 17 replay officials. (Getty Images)

FLORHAM PARK, N.J. -- The NFL is looking for potential replacement officials while it negotiates with the officials association on a new contract.

The previous contract expired after last season and another negotiating session is expected later this month, NFL Referees Association executive director Tim Millis says.

"I am surprised by the timing," Millis said Thursday of the league memo to its officiating scouting department to begin identifying possible replacements. "In 2001, they did something like this, but they didn't in 2006."

Millis said reports that the sides had reached an impasse were exaggerated.

"There's not any one hangup," Millis said. "It's all part of the process. We have not talked to anyone about this [letter]. It's not a product of any CBA negotiations.

"We will negotiate in May and June and July to reach an agreement. We want to get it done as soon as we can. There is no impasse at all."

NFL spokesman Greg Aiello agreed.

"We expect to reach an agreement, but must have contingency plans in place," Aiello said.

Fox Sports first reported the letter sent by the league to its officiating scouting department.

The NFL's search would target retired college officials and perhaps current ones who would be qualified to work professional games. In 2001, the league used replacement officials for one preseason game, then the first weekend of the regular season. But after the Sept. 11 terrorist attacks, a new deal soon was reached that carried through 2005. Another contract was agreed on in 2006.

The NFL Referees Association has 121 on-field members and also represents the 17 replay officials and more than 100 retired officials. Millis is a former on-field official and former supervisor of Big 12 officials.

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Courts could inject chaos into fragile NFL labor talks

There have been several moments when Judge Arthur Boylan -- mediator, babysitter, peace negotiator, the antidote to saber rattling -- has stepped in to break up verbal sparring between NFL players and owners.

One such moment happened during a recent negotiating session.

While a source wouldn't discuss what the particular argument was about, there was a moment when voices were raised. Boylan made a gesture with his hand signaling for everyone to calm down. The tempers cooled and talks continued in a more reasonable manner, I'm told.

It was also Boylan who urged the players and owners to negotiate late into the night this past Thursday and into Friday morning, and as the NFL Network first reported, Boylan's efforts led to the two sides making major progress on the revenue split issue. The players and owners are scheduled to meet with Boylan again on Tuesday in New York.

Boylan has earned the respect and trust of both sides, according to player and management sources. His sense of calm and professionalism has caused the talks to stay mostly focused minus several near blowups.

Boylan has been patient but that patience will last only so long. The disgrace of the players and owners failing to agree on a new collective bargaining agreement despite being so close goes beyond the inability of figuring out how to divide billions -- it should be as simple as, to paraphrase Bum Phillips, you get yours'n and I get mines'n. The other problem is the 8th Circuit elephant in the room.

That is one of the great tragedies of the two sides acting so petulantly. Two court systems are holding off making their decisions on various aspects of the lockout case and are watching how negotiations go. If Boylan's mediated sessions show promise, it's likely the courts would continue to wait.

But if the two sides continue to fight like 8-year-olds those courts might coldly unfurl their decisions plunging the entire mediation process into chaos.

The players and owners have a chance to settle their differences without court interference, yet they are ruining that opportunity, squabble by squabble, and petty act by petty act.

The courts in waiting are the 8th circuit and Judge David Doty. The 8th is waiting to rule on the permanency of the lockout. If a ruling does occur in favor of the owners they could continue the lockout for an extensive period of time -- a major tactical advantage. If the 8th Circuit rules in favor of the players, the lockout would end immediately and the players would receive paychecks from the owners giving them the advantage.

Both sides say privately that Boylan has been updating the 8th Circuit about the progress of mediation and settlement talks. Indeed one of the 8th Circuit judges stated in open court he wouldn't mind if the case was settled.

The other court case is Doty's. He's waiting to announce damages against the owners for their ugly behavior in the TV lockout case. Doty ruled the owners violated the CBA by making deals with the TV networks, asking the networks to continue making payments to the owners in the event of a work stoppage. Doty is expected to levy heavy financial damages.

It's been advantageous for the players and owners to engage in mediation because both court cases could have a major impact on both sides. This negotiating window was supposed to keep the courts at bay.

That window might be shutting. If a deal isn't struck soon that window will be sealed shut and all court-ruling hell will break loose.

Boylan has been a miracle worker. He's been the most effective mediator through this frustrating process but his Jedi mind tricks can only work for so long.

Before the other courts tire of waiting and jump in.

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NFL source: Labor negotiations 80-85 percent complete

Inside the super duper not-so-secret meetings, jokes are exchanged, when threats were before. Handshakes are commonplace. So are smiles and chit chat: How's the wife? How's the kids? Good to hear. Tell them I said, Hi.

These are the new owners and player meetings that are now apparently moving faster than light speed with a great sense of politeness toward a collective bargaining agreement. The usual cautious caveats apply, but it's crystal clear now: the bullet train is headed toward a deal and the only thing that can stop it is last-minute, rampant stupidity. That likely won't happen.

One source with intimate knowledge of the discussions tells me negotiations are 80-85 percent complete. They've made such fast progress, I'm told, it's catching many of the principals by surprise. Some are now canceling vacations, believing an agreement will be reached within a matter of days.

Basically, it seems, we continue to move solidly into that threshold where a season will be played, not if one will be played. Again, barring the knucklehead factor.

"It's going to be very difficult for this to get screwed up," the source said.

That doesn't mean the negotiations can't revert back to the primordial days of disgust and hatred, or that the talks can't implode. It does mean, however, that the discussions are in such a good place it would be difficult for even the most selfish, destructive personality to affect them.

No one will go into specifics about what concessions are being made. What is being said is that both owners and players are making major ones and that has greased the CBA skids.

"I think all the players want to do is get back on the field," Minnesota Vikings tight end Visanthe Shiancoe told me. "I think owners have a vested interest in getting this done as well."

The tone of the meetings has taken such a dramatic turn it has indeed been like a different set of gatherings. The players, I'm told, had no trust in anything ownership said during the initial mediation sessions but that has completely changed. Different proposals are exchanged almost daily. The two sides are, well, finally and heartily negotiating.

In addition to the previously reported dinner involving trade association head DeMaurice Smith and NFL commissioner Roger Goodell, several owners and players have had private lunches together. These smaller, informal meetings also have helped.

I've confirmed that lawyers for both sides have returned to the negotiating table after being kicked out of the room for weeks. Their return is another sign of good news since the talks are now getting more specific. Hopefully, the lawyers won't torpedo progress.

One person tells the story of how he saw more smiles in one recent negotiation than he had in almost all of the mediation sessions in Washington combined.

If a deal is soon struck, more smiles will follow.

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Second day of court-ordered NFL labor mediation ends

MINNEAPOLIS -- Negotiators for the NFL and its locked-out players wrapped up a second day of court-ordered talks Friday with no signs of significant progress. They plan to sit down again next week.

The two sides left the federal courthouse in Minneapolis after about four hours of talks, following nine hours of meetings on Thursday. They will meet again Tuesday.

Hall of Famer Carl Eller, who is representing retired players in the antitrust lawsuit against the league, said he thinks the two sides are "moving forward" but the process "slowed a little bit" Friday.

"There is progress, but it wasn't like we're right around the corner," Eller said. "We could resolve it if we had met on the weekend, but maybe not."

U.S. Magistrate Judge Arthur Boylan, who is overseeing the sessions, assigned some weekend homework, according to Michael Hausfeld, an attorney for the players.

"The judge has asked us to provide answers to over a half-dozen questions that he's asked," Hausfeld said, declining to provide details. "There's a lot of work."

With the 2011 season in jeopardy, Boylan is overseeing this round of talks after 16 days of mediated sessions in Washington failed to secure a new labor pact.

"We need to have some productivity," Eller said. "We need to come out of here with something, and I think that there is a sense of realism on the judge's part. It's not just talk. Just getting together to talk is not productive."

U.S. District Judge Susan Richard Nelson, who ordered the mediation, is still considering a request from the players to lift the lockout imposed by the owners. After an April 6 hearing, she said she planned to rule on the injunction request in a couple of weeks -- which would mean next week.

Players including MVP quarterbacks Tom Brady and Peyton Manning filed the request along with a class-action antitrust suit against the league. The lawsuit has been combined with two other similar claims from retirees, former players and rookies-to-be, with Eller the lead plaintiff in that group.

NFL commissioner Roger Goodell, four team owners and several league executives and lawyers left the building without speaking to reporters. NFL spokesman Greg Aiello, via e-mail, declined to comment.

DeMaurice Smith, the NFL Players Association executive director, also refused to talk. He left the courthouse with lawyers as well as linebackers Ben Leber and Mike Vrabel, two other plaintiffs in the antitrust suit filed March 11 when the last collective bargaining agreement expired, the union dissolved and the lockout began.

At least the mood appeared light.

Reporters staking out the closed-door session were greeted with smiles and goodbyes from negotiators and attorneys as they departed. In a packed elevator on the way down to the lobby, Smith needled Vrabel by deadpanning to media members inside, "All right, in all seriousness, Mike is going to have a statement. You ready?"

Silence.

Then laughter.

The NFL's first work stoppage since the 1987 strike, of course, is no joke for either side -- especially for the fans who pay to sit in the seats at sparkling new stadiums, buy replica jerseys to show their support and watch out-of-market games on satellite television.

"I'm a fan, too," Eller said earlier this week. "We would like to ease their minds. We can't tell them the outcome, but we are very interested in having a football season."

That's one shared goal between the two sides. With the dispute now in court, public relations is a major part of the effort for each side -- through press releases, links and comments on Twitter, and communicating directly to the public in the push to get the message out.

"We're going to make sure we have football, and more of it," Goodell said this week in a conference call with Cleveland Browns season-ticket holders.

Said Smith after the April 6 hearing in Nelson's court: "Keep rooting for the players, and keep rooting for football."

Spin and rhetoric have been intense at times from both corners, but Aiello said the league doesn't view this as a public relations battle with the players.

"Our job always is to keep fans informed," Aiello said. "That is what we're doing in this situation."

NFLPA spokesman George Atallah didn't return messages this week.

The players have a website, nfllockout.com, that highlights community outreach and charitable efforts by the players and includes talking points for their side.

The NFL website, nfllabor.com, is a similar version for the league. Lead negotiator Jeff Pash recently wrote an op-ed column in the Chicago Tribune, stressing concessions the NFL has made with a list of highlights of its latest offer before talks broke down.

Eller sounded optimistic, not only about the progress but the opportunity to represent his fellow retired players, who have pushed for better benefits and care from the league for years.

"We don't drive this. We need them both," said Eller, referring to the current players and the league owners. "Our needs hinge on both of them. It's not an either-or situation for us. ...

"What I want the retirees to understand is that we are carving a unique situation. ... We're at the table, and I think this is something that they ought to be able to rejoice at an early stage, because where we go from here, it's going to be a major move."

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