Collective Bargaining Agreement News & Rumors

NFLPA Elects J.C. Tretter As President

The NFL Players’ Association has elected J.C. Tretter as its new president, the union announced on Tuesday. Last week, Tretter was one of four players nominated for the position. Now, he’ll spearhead the NFLPA during a critical stretch in the CBA talks. 

Last week, NFLPA’s presidential race came down to Russell Okung, Michael Thomas (of the Giants), Sam Acho, and Tretter. Okung has been lobbying for the job for months, but he backed out of the running this week and put his support behind Thomas.

Tretter, a center for the Browns, will take over for Eric Winston, who has served as the union prez since 2014. There will be little time for on-the-job training: The NFLPA has until Saturday to vote on the proposed CBA and travel hazards associated with the coronavirus scare may complicate things further. Meanwhile, we’re also just days away from the official start of NFL free agency.

If more than 50% of players vote against the CBA, the 2020 season will be played under the current CBA, which was established in 2011. That CBA expires in March 2021. If the proposed CBA is not ratified, we’ll be looking at increased odds of a strike or lockout next year.

In the last round of voting, Thomas and Okung both voted against the CBA, Acho voted in favor of it, and, in the immediate aftermath, no one knew Tretter’s take. But, on Tuesday, PFT’s Mike Florio (via Twitter) reported that Tretter voted in favor of the CBA. With that in mind, Tretter’s election may bode well for a deal between now and Saturday.

J.C. Tretter, Michael Thomas, Sam Acho Nominated For NFLPA President

Three players will join Russell Okung in vying for the role of NFLPA president. Browns center J.C. Tretter, Giants safety Michael Thomas and Buccaneers linebacker Sam Acho have received nominations for union president, Tom Pelissero of NFL.com tweets.

Okung, who unveiled his candidacy earlier this year, was also nominated Monday. Okung, Thomas and Acho are current members of the NFLPA’s executive committee. Tretter serves as the Browns’ third co-alternate union representative.

The NFLPA will elect its next president on Tuesday; the union’s board members are meeting in south Florida this week to discuss key matters. One item obviously overshadows the rest this week. Players now have until 10:59pm CT Saturday to vote on the CBA. The NFLPA voted Monday to delay the deadline for two days.

Eric Winston has served in the role since 2014, but he will cycle out of it after ending his playing career after the 2018 season. The next president may or may not be thrust into a high-stakes situation. If more than 50% of players vote against CBA ratification, the 2020 season will be played under the 2011 CBA. That CBA expires in March 2021. Players voting against the proposal will increase the prospects of a strike or lockout next year.

Of the new members, Okung and Thomas submitted “no” votes on the CBA; Acho voted “yes” on the proposal, Albert Breer of SI.com tweets. Tretter did not indicate which way he has voted on the owners’ offer, Pelissero adds (via Twitter). Okung has been a hard-liner against the 17-game schedule, so much so he filed an unfair labor practice charge with the National Labor Relations Board against the staff of the NFLPA, Ken Belson of the New York Times reports.

Okung’s filing accuses union executive director DeMaurice Smith of forcing a union-wide CBA vote despite objections from the executive committee, Belson adds. The executive committee voted 6-5 in February not to recommend the owners’ CBA proposal, and after the Combine meeting, the executive committee was at 7-4 against recommending the CBA, Belson reports. However, the union’s 32-player board voted to send the proposal for a union-wide vote.

Should the recent Panthers trade acquisition receive the keys after the players vote down a proposal Smith and Winston championed, the league could be set for period of uncertainty over the next several months.

NFLPA Pushes Back CBA Vote Deadline

12:15pm: The NFL is now considering moving the deadline for teams to apply franchise and/or transition tags to players, Tom Pelissero of NFL.com tweets. The new league year beginning March 18, however, will not move, according to ESPN.com’s Adam Schefter (on Twitter).

12:00pm: The NFLPA will give its full union body more time to vote on this CBA proposal. The union’s board voted to delay the deadline two days. Players will now have until 10:59pm CT Saturday to vote on the proposal. Votes were previously due at 10:59pm Thursday.

This comes as the union is set to elect its next president. Russell Okung, a vocal opponent of the 17-game schedule included in this CBA, is the only confirmed candidate. But others could be nominated Monday. The union will elect its next leader Tuesday.

A number of players wanted the union to produce a side-by-side comparison of this CBA proposal compared to 2011’s, Albert Breer of SI.com tweets, helping to explain the delay. If more than 50% of players vote to ratify, the CBA will pass and be in place for 10 years.

This will also cloud NFL business. Teams have until 3pm CT Thursday to place franchise or transition tags on players. The league moved the tag deadline back from March 10 to March 12 but opted against pushing the tag window back again. But with the CBA vote now pushed to a date after the franchise-transition window’s closing, it is fair to wonder if the NFL will adjust its calendar again as well. Teams could use both tags but would have to rescind one if the players ratify the CBA.

Both NFLPA executive director DeMaurice Smith and outgoing president Eric Winston (via Peter King of NBC Sports) expect it to pass. But this delay, and the prospect of Okung succeeding Winston, could cloud such optimism. Because of the enormous reach CBA opponents Aaron Rodgers, J.J. Watt, Russell Wilson and other stars have, Breer notes the large sect of league-minimum players are not automatically expected to vote to ratify the CBA — even if it’s in that group’s best interest. The vote is expected to be close, Breer adds.

TV Negotiations Nixed Two-Bye Schedule?

It seems somewhat strange the NFL is attempting to move to a 17-game season without adding an additional bye week. After such a format was initially rumored, it did not take off.

This CBA proposal includes a 17-game season — which would begin as early as 2021 — and three preseason games. The TV networks’ past stance against a double-bye schedule influenced the owners to keep the single-bye setup this time around, Mark Maske of the Washington Post tweets.

The NFL, which used 16-week seasons from 1978-89, introduced the 17-week campaign in 1990. In 1993, the league placed two byes on the schedule. However, the 18-week season turned out to be a one-year experiment. And TV networks’ past issues with the double-bye format look to have intervened in these CBA talks.

The league has placed obvious importance on the next round of TV deals, and Maske notes the prospect of networks remaining against the two-bye setup led to this CBA proposal not including it. NFLPA executive committee member Aaron Rodgers expressed disappointment owners did not introduce the 17-game concept until midway through the talks and offered that a 16-game season with two byes would make more sense (Twitter links via Ryan Wood of the Green Bay Press-Gazette). Word of the 17-game season did not emerge until late September — months after the talks began.

Some owners may still be holding out hope for 18 games, which would be odd given that such a format would induce a 19-week schedule ownership just opted to avoid. During these CBA talks, the players deemed the long-rumored 18-game schedule a non-starter.

No Vote On CBA Would Stifle 2020 Spending

While there are legitimate reasons for the NFL Players Association (NFLPA) to reject the NFL’s proposed collective bargaining agreement (CBA) in pursuit of a better deal, a no vote would severely dampen this offseason’s free agency spending, according to a report by Mike Florio of ProFootball Talk.

Sources tell Florio that the NFLPA estimates rejecting the deal would stunt offseason spending roughly $600MM-$700MM. Since an affirmative vote on the CBA would result in an increase in the player’s portion of revenues, thus causing a relatively large spike in the salary cap over the coming years. While it would not have any immediate effects, teams would be more willing to spend now with the knowledge they would get cap relief soon.

It is worth noting, however, that the union itself seems invested in the deal’s approval since NFLPA president DeMaurice Smith has come out in favor of the deal. Thus, the NFLPA may be releasing news and notes in an attempt to sway undecided players before they vote on March 12th.

 

Owners Hoping CBA Isn’t Passed?

While the NFL’s latest CBA proposal has already been distributed to players, it sounds like some owners are hoping it isn’t passed. ESPN’s Jeremy Fowler reports (via Twitter) that a “number of NFL owners” are hoping the CBA doesn’t pass next week because they believe they can get a better deal in 2021. Specifically, the owners believe they could make a stronger push for an 18-game schedule.

Lawyers for the NFL and NFLPA worked on finalizing language for the CBA on early Thursday morning, and ballots were sent to players later that day. Players will have almost exactly one week to vote on the measure.If more than 50% of the players vote yes, the CBA passes. The NFLPA’s board approved the agreement, by a 17-14-1 vote, on Feb. 26. The union’s executive director, DeMaurice Smithexpects it to pass.

We’ve learned about a number of additional CBA details over the past few days, which we’ve compiled below:

  • Previously, teams were required to spent at least 89-percent of the cap, but the salary floor would be increased to 90-percent under the new CBA. As Mike Florio of ProFootballTalk.com points out, that’d effectively be an increase from $178MM to $180MM (using a $200MM cap).
  • We heard that the new CBA would reduce Roger Goodell‘s authority when it came to the Personal Conduct Policy, but Florio says the commissioner would still have final say over a punishment. Goodell will also have the right to increase or decrease penalties that were handed out by a neutral arbitrator.
  • If the proposed CBA is ratified, the NFL will no longer suspend players for positive tests for marijuana or other substances of abuse. While this CBA includes a harsher PED policy, the new substance-abuse standards will focus more on treatment. However, Florio writes that the league won’t automatically reinstate already-banned players like Josh GordonMartavis Bryant, and Randy Gregory. These players will still be required to go through the standard reinstatement process.

Latest On NFL Substance-Abuse Policy

If the proposed CBA is ratified, the NFL will no longer suspend players for positive tests for marijuana or other substances of abuse. While this CBA includes a harsher PED policy, the new substance-abuse standards will focus more on treatment.

One positive drug test will not equal a penalty, instead only moving players to stage two of the substance-abuse program, Mike Florio of Pro Football Talk notes. Fines will commence beginning with a second positive test, ranging from one game check (for two positive tests) to three (for four positive tests).

Players not in the drug program will only be tested for non-marijuana substances of abuse once between April 20 and August 9 each year, Jason La Canfora of CBS Sports tweets. This CBA would slash marijuana testing from this April-August window to a two-week period, with weed suspensions being virtually eliminated.

Players will only be suspended for not cooperating with the testing procedure or the clinical care that comes in stage two of the program, and even that will take some doing. Only for a fourth violation of this nature would bring a suspension of three games. For a player to be suspended for a season, it would take seven violations of the testing procedure or clinical care.

Season-long bans, or substance-abuse suspensions of any kind, will become quite difficult to earn. However, the players already suspended for substance abuse under the 2011 CBA may fall into a gray area. It is not yet clear if the likes of Josh Gordon, Randy Gregory or Martavis Bryant would have their statuses cleared up and be permitted to return to the league. Even Justin Blackmon and Daryl Washington — who saw PED bans lead to years away from the game — would fall into this category.

But the proposed CBA all but removing substance-abuse suspensions opens the door to past violators being given green lights to return to action. Having missed all of the 2017 and ’19 seasons because of substance abuse, Gregory wants to play in 2020.

CBA Vote To Commence By March 12

A timeline for the CBA proposal’s passage emerged early Thursday morning. After lawyers for the NFL and NFLPA worked on finalizing language until 1:30am CT, the CBA proposal will officially be distributed to the full union body, Albert Breer of SI.com reports (on Twitter).

The ballots went out at 8am Thursday, and players will have almost exactly one week to vote on the measure. Votes are due at 10:59pm CT March 12 — just less than six days before the start of the 2020 league year. This CBA proposal is 456 pages long, per Tom Pelissero of NFL.com (on Twitter). However, players and agents received term sheets in advance.

If more than 50% of the players vote yes, the CBA passes. The NFLPA’s board approved the agreement, by a 17-14-1 vote, on Feb. 26. The union’s executive director, DeMaurice Smith, expects it to pass.

While the proposal includes numerous changes, the main component will be the season length. If the majority of players vote yes, a 17-game season will become reality. The league could shift to 17 games as soon as the 2021 season.

March 12 is also the final day teams can apply franchise or transition tags. As of now, teams are still allowed to use both tags. Should the 2011 CBA remain in place for the 2020 season, teams can use both tags. But should the CBA pass, teams that used both must rescind one of the tags. The NFL already moved the tag deadline back two days, but Pelissero adds (via Twitter) the league is not expected to move the date again. So teams with multiple marquee free agents will operate with a degree of uncertainty regarding how to proceed with tags.

The current CBA, which took effect in July 2011, runs through March 2021. This one would go through 2030. If players do not approve it, the likelihood of a 2021 work stoppage increases.

Latest On NFL’s CBA Talks

The CBA talks are progressing, but we’re not yet ready for the final vote. Attorneys for both sides will huddle up on Monday in a follow-up to their 9-hour meeting on Sunday, Tom Pelissero of NFL.com (on Twitter) hears. They’ll review the proposed CBA before it’s finally sent to players for a union-wide election. Once the CBA is sent off for the NFLPA vote, the process will likely take two or two-and-a-half weeks to complete, Dan Graziano of ESPN.com tweets.

The latest iteration of the deal would see the players’ share of revenue increase from 48% to 48.8%, provided that the league secures a 120% increase in TV broadcast deals, Mike Florio of PFT (Twitter link) hears. If the TV deals only see a 60% bump in TV revenue, the players’ share would go up to 48.5%. The 60% increase seems likely, Florio hears. A 120% bump, meanwhile, may be something of a stretch goal.

The proposed CBA would call for less in the way of player suspensions and fines in general, though the DUI policy would be expanded, Florio hears. Moving forward, a DUI would result in a three-game ban. That’s probably a trade-off that players are willing to make, but we won’t know for sure until everything is signed, sealed, and delivered.

CBA Includes Increased PED Penalties

Under the yet-to-be-ratified CBA proposal, violators of the NFL’s policy on performance-enhancing drugs would face stricter punishment. Second offenses, in particular, would come with significant repercussions.

First-time positive tests for anabolic substances currently trigger a four-game ban. Under this CBA proposal, said offenses would cost a player six games, Mike Florio of Pro Football Talk reports. The 2011 CBA shelved a violator 10 games for a second offense; the proposed new agreement would result in a 17-game suspension for a second positive test, Florio adds. Additionally, players who attempt to manipulate samples will be given eight-game suspensions.

Should this CBA be ratified, disparate penalties for testing positive for anabolic substances and stimulants would take effect. The NFL will reduce the latter ban from four games to two, per Florio, and from 10 games to five for a second offense.

Stimulants and anabolic substances currently trigger the same penalty, and with the NFL not disclosing the substances for which a player tested positive, the league’s PED issues are somewhat hazy. That would change if players ratify this CBA, though the agreement would still not disclose specific substances.

This will mark a further divide between the punishment for marijuana and PEDs. The CBA would nearly decriminalize the former in the NFL, while the latter will become a costlier mistake.