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NFL union tactics may change after chief's death

CHICAGO
Thu Aug 21, 2008 4:55pm EDT
Executive Director for the NFL Players Association Gene Upshaw testifies before a House Government Reform Committee hearing on steroid use in sports, on Capitol Hill in Washington, in this April 27, 2005 file photo. REUTERS/Chip Somodevilla/Files

CHICAGO (Reuters) - The death of National Football League players' union chief Gene Upshaw in the midst of negotiations with team owners could open the door for more aggressive tactics by his successor, analysts said on Thursday.

U.S.  |  Sports

Upshaw, 63, died on Wednesday night of pancreatic cancer after being diagnosed with the illness only a few days earlier. He left behind a long legacy of peaceful labor talks, without work stoppages, as executive director of the union since 1983.

In May, the 32 NFL team owners voted unanimously to terminate their labor contract with the players union early in a move to cut salary costs. Upshaw, a former Hall of Fame guard with the Oakland Raiders, had warned that the players would not take less money than they currently get and he was in the midst of talks with the owners.

Analysts said a new leader could alter the relationship between the players and league, raising questions for fans whether a lockout could occur in 2011.

"The identity of Upshaw's successor could really change the dynamic of cooperation between the commissioner and the union," said Robert Boland, a professor of sports management at New York University.

"I would expect the next union head, especially if it is a recent former player, to be more aggressive than Upshaw in asserting union stances that would be more adversarial," he said.

NFL officials declined to comment on what impact Upshaw's death could have on the labor talks.

"He fought hard for the players and always kept his focus on what was best for the game," NFL Commissioner Roger Goodell said in a statement about Upshaw. "His leadership played a crucial role in taking the NFL and its players to new heights."

The union's executive committee on Thursday named general counsel Richard Berthelsen as acting head, suggesting to some the union's approach may not change much in the near term.

FANS HAVE REASON TO WORRY

Jeffrey Kessler, outside counsel for the players union, does not believe Upshaw's death will throw off the talks.

"Gene has set the direction and the union will carry on his legacy," he said. "I don't think it's going to change the ultimate view, but it is true that you don't find a lot of Gene Upshaws and so the union will miss his leadership."

However, Marc Ganis, president of Sportscorp Ltd, a Chicago-based sports business consulting firm, said the loss of Upshaw's negotiating skill was a major setback.

"This is a guy who delivered arguably the most successful union deal in American history," Ganis said, pointing to no labor unrest since the 1987 players' strike. "You don't lose that kind of leadership and not feel it."

Ganis said Upshaw's loss should worry football fans most of all, as a new union chief could take a harder line with owners, resulting in lost seasons down the road.

"You might get work stoppages and you might get crazy end results and you might not be able to be confident that you'll have the NFL on from September to January every year," he said.

Upshaw's critics said his relationship with Goodell's predecessor, Paul Tagliabue, was too cozy, leading to deals that they argued were not good enough for players. In addition, many retired players blamed Upshaw for not addressing their health care needs.

However, under Upshaw the players saw the advent of free agency, and have watched their share of league revenue grow to about 60 percent of the total, reaching almost $4.5 billion this year according to the NFL.

The previous deal between the union and owners had been scheduled to run through the 2012 season. However, both sides had options to reopen the deal, which was extended in 2006, and shorten it by one or two years.

The NFL said in May that despite its decision, football games would be played without the threat of interruption for at least the next three seasons, and it would continue to negotiate a new agreement to cover subsequent seasons.

Upshaw had warned that a lockout by the owners was possible. He also had said if the players got through the 2010 season with no salary cap, the players might decertify the union for additional bargaining leverage.



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