Latest / Earn Your Leisure / EYL #230 NFL Contracts, The Business of Football, Lamar Jackson, & The Scouting Combine with DeMaurice Smith
Transcript
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- 2:39Speaker 3: Right, gus special edition of E y L broadcasted at
- 2:43Speaker 3: the NFLPA House.
- 2:44Speaker 1: Yes, suit in the house.
- 2:45Speaker 3: Thank you guys for the hospitality. So we have what
- 2:49Speaker 3: has been called the most important person in sports by
- 2:52Speaker 3: some people.
- 2:53Speaker 1: He'll be here in a few minutes.
- 2:56Speaker 4: He'll be joining us coffee.
- 3:00Speaker 1: Don't know who that is, but they got coffee and
- 3:03Speaker 1: when they get here, he'll be joining us short list.
- 3:06Speaker 3: So so D Smith, the executive Director of the NFLPA,
- 3:13Speaker 3: first and foremost, thank you for joining us.
- 3:15Speaker 1: Appreciate it, oh man, thank you for thank you for
- 3:17Speaker 1: having me. I mean, this is a crazy week getting
- 3:19Speaker 1: down with you guys talking, having a good rap, having
- 3:22Speaker 1: a good conversation. Just thanks for having me. It's it's
- 3:25Speaker 1: a lot easier than a negotiation session with I mean, to.
- 3:28Speaker 4: Take your time out during the biggest speak of the
- 3:30Speaker 4: NFL season is very important.
- 3:31Speaker 1: So we are gracious to have you. So thank you.
- 3:34Speaker 5: Yeah.
- 3:34Speaker 3: So this is right up all Ali. You know, we're
- 3:35Speaker 3: a business platform. So a lot of people watch Super Bowl.
- 3:39Speaker 3: They're fans of teams, but they don't really know the
- 3:42Speaker 3: inner workings of how the business actually gets handled. And
- 3:45Speaker 3: they might have heard of the NFL p but I
- 3:47Speaker 3: feel a lot of people don't even know what the
- 3:48Speaker 3: NFL p A is. So can you just give an
- 3:51Speaker 3: overview of what exactly the nfl PA is.
- 3:54Speaker 1: Yeah, I mean, look, the nfl PA is the is
- 3:57Speaker 1: a labor union for the active NFL players. So you know,
- 4:01Speaker 1: if you want to think about it, that Roger Goodell
- 4:03Speaker 1: represents the owners. I represent the good guess, and our
- 4:08Speaker 1: job is to negotiate. You know, we negotiate something called
- 4:11Speaker 1: a collective bargaining agreement and that is, as I explain
- 4:15Speaker 1: to our guys, it's the small B small B not
- 4:18Speaker 1: capital B, small B bible that governs the relationship between
- 4:23Speaker 1: the owners and the players. So everything with respect to
- 4:26Speaker 1: how much we get paid, the work we have to do,
- 4:29Speaker 1: working conditions that we have to do it in, and
- 4:31Speaker 1: the benefits the compensation package for the players. The NFLPA
- 4:36Speaker 1: negotiates that for every active NFL player.
- 4:40Speaker 4: So in terms of NFLPA, let's see what we can
- 4:42Speaker 4: break this down. There's over two thousand players, correct, you
- 4:44Speaker 4: represent them? Yep, There's thirty two owners and Roger Goodell
- 4:49Speaker 4: represents them.
- 4:50Speaker 1: Hired and paid for by them.
- 4:55Speaker 4: So in terms of collective bargaining, because some people who
- 5:00Speaker 4: might not understand what that is, can you talk about that,
- 5:02Speaker 4: because I know that has to.
- 5:03Speaker 1: Happen every maybe five to say ten years. Yeah, yeah,
- 5:07Speaker 1: And look, I mean I make a lot of fun
- 5:09Speaker 1: with Roger because well it's funny, but I go out
- 5:12Speaker 1: of the way to do that because every now and
- 5:14Speaker 1: then people think that the commissioner is somehow this guy
- 5:18Speaker 1: who represents both the players and the owners, and that
- 5:22Speaker 1: he's neutral and he's not biased. No, I mean, he's
- 5:26Speaker 1: only hired to represent the interest of the owners. So
- 5:30Speaker 1: in that paradigm, that means you have to have somebody
- 5:33Speaker 1: on the other side that purely represents the interests of
- 5:36Speaker 1: the players. And so what the union does is, look,
- 5:39Speaker 1: I don't want to scare any fans out there. We're
- 5:41Speaker 1: not even here to protect the game. I'm not here
- 5:45Speaker 1: to facilitate the game. I dig the game, but I'm
- 5:48Speaker 1: here to represent the interests of the players. So when
- 5:51Speaker 1: we sit down and we form a collective bargaining agreement,
- 5:54Speaker 1: that's not there to protect the game as much as
- 5:57Speaker 1: it is to be the con tractual relationship between the
- 6:03Speaker 1: management and the players. And if we can get the
- 6:07Speaker 1: collective bargaining agreement right, then the game proceeds. But not backwards, right,
- 6:13Speaker 1: because a lot of people, you know, we talked about
- 6:16Speaker 1: the combine earlier, and you know, believe me, my inbox
- 6:18Speaker 1: is full of people like what am I gonna do
- 6:20Speaker 1: without the combine? But first of all, read a book.
- 6:24Speaker 1: But the way we look at it is if if
- 6:27Speaker 1: the game is inconsistent with the best interests of the players,
- 6:32Speaker 1: then there shouldn't be a game, and we make the
- 6:35Speaker 1: game subject to the interest the best interests of the players.
- 6:40Speaker 1: And that's the only way it has to work, right,
- 6:41Speaker 1: because if we get that backwards, then you're perpetuating the
- 6:45Speaker 1: game at the expense of the player and for the
- 6:48Speaker 1: things that you know, I know we're going to talk
- 6:50Speaker 1: about today. I don't believe that any man or woman
- 6:54Speaker 1: should ever come at the expense of anything.
- 6:59Speaker 4: You said something, and while you just said speaking, you
- 7:01Speaker 4: said you dig the game. And then you said you
- 7:04Speaker 4: maybe you're not a football guy. You're you started at
- 7:07Speaker 4: as a United States attorney in the District of Columbia.
- 7:11Speaker 4: So how did that transition go from that. Now, the
- 7:15Speaker 4: you know, most important man sports as something. First of all,
- 7:18Speaker 4: we just need to drop that. I'll tell you one people,
- 7:22Speaker 4: nobody believes out of my house. So nobody was out of.
- 7:25Speaker 1: The most important anything in my house.
- 7:28Speaker 4: You know.
- 7:28Speaker 1: I got a call and I was on the transition
- 7:31Speaker 1: team for the Department of Justice in two thousand and
- 7:35Speaker 1: eight after a center Obama then became President Obama elect
- 7:42Speaker 1: h So I was working on the transition team for
- 7:44Speaker 1: the Department of Justice. Headed back to the US Attorney's
- 7:48Speaker 1: office and a search firm called and they said, hey,
- 7:51Speaker 1: we put together a list of three hundred people for
- 7:55Speaker 1: the NFL player's job, and you're one of the you know,
- 7:58Speaker 1: ten twenty people who have nothing to do with sports.
- 8:00Speaker 1: And I was like, is that a compliment? And they
- 8:04Speaker 1: said that, you know, the executive Committee was interested in
- 8:07Speaker 1: a wide range of candidates. And I said, well, look,
- 8:10Speaker 1: you know, I'm not a labor lawyer. I'm not an
- 8:12Speaker 1: anti trust lawyer. I mean, my practice at the time
- 8:15Speaker 1: was representing really large corporations who were in really big fights.
- 8:19Speaker 1: So you know, corporations like Halliburton, products, liability companies, pharmaceutical companies.
- 8:26Speaker 1: That was my job, just to represent their interest when
- 8:30Speaker 1: they found themselves in harms way. And you know the
- 8:33Speaker 1: only thing that really got me interested in it was
- 8:36Speaker 1: a room of the guys saying, the executive committee knows
- 8:38Speaker 1: that they are in for a big fight in twenty eleven.
- 8:42Speaker 1: The league wants them to give back twenty percent of
- 8:44Speaker 1: their salary, They want the players to give up their pensions,
- 8:48Speaker 1: and they want the players to play eighteen games for free.
- 8:52Speaker 1: And I thought, well, I mean that sounds fantastic. So
- 8:56Speaker 1: other than those that still sounds great. I can gess
- 9:01Speaker 1: what do we say? So you know, I loved the
- 9:04Speaker 1: fight part of it and made a decision that I
- 9:07Speaker 1: would go in this direction rather than going back to government.
- 9:11Speaker 1: And it's been fourteen beautiful, stress free years. I mean
- 9:16Speaker 1: I had a full head of hair when I started
- 9:18Speaker 1: this gig. It was six to two, a few unanimous selections. Yeah, yeah,
- 9:24Speaker 1: something about right. It's worked out. Like I say, I
- 9:27Speaker 1: try to keep pepto bismol in business. They're crushing it.
- 9:31Speaker 5: Sesshing it with me.
- 9:32Speaker 3: So you talked about twenty eleven. You talked about that
- 9:35Speaker 3: and there was a strike that took place.
- 9:37Speaker 1: Walkout, lockout, Yeah, big difference. So you know, think about it.
- 9:41Speaker 1: So a strike is when workers decide that they are
- 9:46Speaker 1: not going to go to work and they're going to
- 9:48Speaker 1: deprive management of their labor and their talents until management
- 9:53Speaker 1: gives them what they want. Strikeout is almost the same thing,
- 9:57Speaker 1: but that's management saying no, no, no, no, no no,
- 9:59Speaker 1: you can't come to work. So the difference is when
- 10:03Speaker 1: they locked us out, they not only kicked all of
- 10:06Speaker 1: the players out of work most people don't know, but
- 10:09Speaker 1: they cut off all of the players' health insurance. So,
- 10:12Speaker 1: I mean, we had twelve to fifteen women who were
- 10:14Speaker 1: to due to give birth during the lockout, and they
- 10:18Speaker 1: woke up one morning in the league cut off their
- 10:20Speaker 1: health insurance. And the reason the league does the lockout is,
- 10:26Speaker 1: I mean, I tend to be a little blunt, so
- 10:29Speaker 1: if you don't mind a lot of resigned to step
- 10:32Speaker 1: on your neck until you say stop. So the league
- 10:38Speaker 1: cut off their salaries, cut off the healthcare, and it
- 10:41Speaker 1: was just really simple. You're gonna give up that pension,
- 10:44Speaker 1: and you're gonna give up that twenty percent, and you're
- 10:47Speaker 1: gonna give up, you know, the right to play eating
- 10:50Speaker 1: games for compensation because we're gonna try to choke you out.
- 10:55Speaker 1: And their philosophy is simple, the players financially can't go
- 11:00Speaker 1: long without getting paid and getting you know, healthcare, and
- 11:03Speaker 1: the players are going to give up. And so my
- 11:06Speaker 1: job is to figure out how to how to fight that.
- 11:08Speaker 1: And that's when we really started, at least for me,
- 11:12Speaker 1: started this idea that if you can financially take care
- 11:17Speaker 1: of your house, if you can build your house and
- 11:21Speaker 1: keep your house and maintain your house, you can dictate
- 11:25Speaker 1: your own destiny. And so, you know, we did a
- 11:27Speaker 1: lot of things. We sued, you know, we sued the
- 11:30Speaker 1: NFL because they had they had sort of jury rigged
- 11:33Speaker 1: the TV contracts to give them four billion dollars against us,
- 11:38Speaker 1: and we fought that in court. And we also got
- 11:40Speaker 1: a secret insurance policy that would have paid our guys
- 11:44Speaker 1: around eight hundred and fifty million dollars if we would
- 11:46Speaker 1: have gone the whole season. And so, you know, what
- 11:49Speaker 1: did that insurance policy do? And restored our house. And
- 11:53Speaker 1: then once we got there, it was like, okay, let's
- 11:55Speaker 1: now negotiate a fair collective party agreement. But that's the
- 11:59Speaker 1: you know, that was that was a landscape in twenty eleven,
- 12:02Speaker 1: and I mean it was tough, but man, we had
- 12:07Speaker 1: great leaders and great leadership got us through.
- 12:10Speaker 3: Well, how do you feel, because it's like billionaires are
- 12:13Speaker 3: always going to have more leverage than millionaires, right So,
- 12:16Speaker 3: like you said, it's like the longer you drag somebody
- 12:19Speaker 3: out in the water, eventually you're gonna drown.
- 12:20Speaker 1: Yep.
- 12:21Speaker 3: So, and we've heard stories about NFL players during that
- 12:24Speaker 3: time that had to take high entrance loans because they
- 12:28Speaker 3: will living paycheck to paycheck awful. So how do you
- 12:31Speaker 3: negotiate with somebody that has tremendously more leverage than you have?
- 12:36Speaker 1: Just gotta do what you do. You try to level
- 12:41Speaker 1: the playing field the best way you can. Right So,
- 12:44Speaker 1: without being you know, too crazy and too dorky, but
- 12:47Speaker 1: that's who I am. I'm a lawyer. I just apologize.
- 12:49Speaker 1: But you know, two thousand and eight was right after
- 12:52Speaker 1: two thousand and nine to twenty eleven was right after
- 12:55Speaker 1: the two thousand and eight financial collapse. A lot of
- 12:58Speaker 1: the owners had debts nervous on stadiums that had been
- 13:02Speaker 1: built over the last five ten years. And I mean,
- 13:05Speaker 1: if you analyze the market, you realize that they've got
- 13:07Speaker 1: to make debt payments on that debt. How were they
- 13:10Speaker 1: going to do that if football was shut down, Well,
- 13:12Speaker 1: they did it by making the TV networks pay them
- 13:16Speaker 1: four billion dollars even if the games weren't played. Legal
- 13:20Speaker 1: strategy is we're beneficiaries of those contracts. So we argue
- 13:24Speaker 1: to a judge that if the league did that, that
- 13:27Speaker 1: means that the league was using the TV contracts against us,
- 13:31Speaker 1: and the judge agreed, so that took their four billion dollars.
- 13:35Speaker 1: Put it over here. We decided that we were going
- 13:38Speaker 1: to do a secret insurance policy that gave our players
- 13:40Speaker 1: eight hundred and fifty million dollars. So that put money over.
- 13:42Speaker 5: What's the secret insurance policy? Can talk about that?
- 13:45Speaker 6: Yeah, So again, you know, I was a lawyer that
- 13:48Speaker 6: did a lot of lawsuits and a lot of litigation,
- 13:50Speaker 6: used to sue a lot of insurance companies back in
- 13:53Speaker 6: the day, which was a blast.
- 13:56Speaker 1: Took a blast. No one had ever, no one had
- 14:01Speaker 1: ever developed an insurance policy to protect players if management
- 14:06Speaker 1: locked you out. So we went into the market really
- 14:12Speaker 1: complicated and we placed an insurance probably see where an
- 14:15Speaker 1: insurance company said, if the owners keep you locked out
- 14:18Speaker 1: for the entire year, we will pay the NFL players
- 14:22Speaker 1: eight hundred and fifty million dollars. Now, that sounds like
- 14:24Speaker 1: a lot of money, but our probably our player cost
- 14:28Speaker 1: at the time was somewhere around three and a half
- 14:30Speaker 1: to four billion dollars. So eight hundred and fifty million
- 14:33Speaker 1: dollars is not going to replace right, the four billion dollars.
- 14:36Speaker 1: That's not the idea. The idea is the owners probably
- 14:39Speaker 1: thought that the players could only go three weeks, four weeks,
- 14:44Speaker 1: five weeks without a pitcheck. The insurance company meant the
- 14:48Speaker 1: insurance company policy meant that we could go sixteen weeks.
- 14:53Speaker 1: So while they were probably telling their their banks that
- 14:58Speaker 1: we will have your money on our debt service in
- 15:00Speaker 1: five weeks and we'll have the money to pay off
- 15:02Speaker 1: our debts in six weeks, once we told them that
- 15:05Speaker 1: the players could go a full year. Now what happens.
- 15:09Speaker 1: Now the banks are saying, wait a minute, we're not
- 15:12Speaker 1: gonna get our money. It's five weeks. Well, where does
- 15:15Speaker 1: that move? The incentive now puts a lot of incentive
- 15:18Speaker 1: on the owners to get a fair deal done. So
- 15:21Speaker 1: you know, it's it's always going to be a metric
- 15:23Speaker 1: where management has more money and management can outlast you.
- 15:30Speaker 1: But what we've seen in the country lately and primarily
- 15:33Speaker 1: it's been through labor unions that are primarily women. What
- 15:38Speaker 1: have you seen in the last three years nurses going
- 15:41Speaker 1: on straight right and just saying we're going to shut
- 15:44Speaker 1: down all the hospitals. You see teachers going on straight
- 15:49Speaker 1: And what I try to tell our guys is, man,
- 15:51Speaker 1: think about it. I mean, our minimum salary right now
- 15:55Speaker 1: is eight hundred thousand dollars give or take. Think about
- 16:01Speaker 1: the teachers and the nurses, and you know, I'm going
- 16:06Speaker 1: to go to a labor rally tomorrow for Starbucks workers.
- 16:10Speaker 1: Most people aren't making eight hundred thousand dollars. They're living
- 16:13Speaker 1: paycheck to paycheck. So when they decide to go on strike,
- 16:16Speaker 1: they are literally risking everything. And one of the messages
- 16:22Speaker 1: I think for every labor leader, including myself, is when
- 16:25Speaker 1: I took to our guys, the fact that our starting
- 16:28Speaker 1: salaries are so large should mean that you should live
- 16:33Speaker 1: within your means right and if you live within your means,
- 16:38Speaker 1: you should be able to go on strike because you
- 16:41Speaker 1: shouldn't be in a world where you're living paycheck to paycheck.
- 16:45Speaker 1: And by the way, if we went on strike for
- 16:47Speaker 1: a year, we'd own the NFL own it. But every
- 16:54Speaker 1: player has to make that decision. Okay, I get it,
- 16:56Speaker 1: D But you're telling me that I'm only going to
- 16:58Speaker 1: play an average of three and a hal half years,
- 17:01Speaker 1: and you're asking me to give one third of my
- 17:04Speaker 1: earning capacity for a CBA or a collective Bartney agreement
- 17:08Speaker 1: that's likely going to benefit people after me, after me,
- 17:13Speaker 1: and and and I'm not going to benefit from it,
- 17:15Speaker 1: and somebody else who's younger than me is going to
- 17:18Speaker 1: benefit it from it more than me. And I simply
- 17:21Speaker 1: turn to them and say.
- 17:22Speaker 5: Yeah, you're right, you're absolutely right.
- 17:27Speaker 1: So these guys are smarter than I thought.
- 17:34Speaker 4: So what happens in a situation like that when there's
- 17:36Speaker 4: a decision that has to be made. For a hypothetical example,
- 17:39Speaker 4: NFL wants to go to seventeen games, yep, usually it's
- 17:42Speaker 4: a sixteen game season. The owners obviously want to do
- 17:44Speaker 4: it because it makes sense to more games, they make
- 17:46Speaker 4: more money, people in stance concessions all that. Players have
- 17:49Speaker 4: to look at it from a health standpoint, like, you know,
- 17:50Speaker 4: we're risking our bodies for another week right now, and
- 17:53Speaker 4: a financial stamp and a financial stamp right right, So
- 17:56Speaker 4: now does that go to the teams and is it
- 17:59Speaker 4: like that a fifty percent vote or is there like,
- 18:02Speaker 4: how does that work?
- 18:02Speaker 1: Well, this time it went to all of player, all
- 18:05Speaker 1: of player membership. Okay, so you know back in twenty
- 18:09Speaker 1: eleven again, you know, I hate to be a dorky lawyer,
- 18:12Speaker 1: but you know, up to you guys are a little young,
- 18:15Speaker 1: you remember, but there was actually a time when there
- 18:18Speaker 1: were twelve games in the NFL.
- 18:20Speaker 5: Twelve.
- 18:21Speaker 1: I I don't yeah, I don't think I've ever been
- 18:23Speaker 1: a part of it. I'll tell you right now. You
- 18:25Speaker 1: weren't what seventies just pumped the brakes, right, I mean, like,
- 18:33Speaker 1: why do you go right for the seventies Like, okay,
- 18:35Speaker 1: he wasn't there. Yes, I was there in the seventies. Yeah,
- 18:38Speaker 1: let's just let's just step on it a little bit.
- 18:40Speaker 7: Yeah.
- 18:40Speaker 1: So we went from twelve games to fourteen games, then
- 18:44Speaker 1: to sixteen games, and that was an art between the
- 18:48Speaker 1: I'm sorry late seventies all the way through the nineties.
- 18:52Speaker 1: The league had the unilateral right to go up to
- 18:55Speaker 1: twenty games. So think about it. Historically, we went from
- 18:59Speaker 1: two games to fourteen games, never changed the player's share
- 19:04Speaker 1: of revenue. We went from fourteen games to sixteen games,
- 19:07Speaker 1: more work, same share of revenue. Players never got paid
- 19:12Speaker 1: technically more when we increased those games. So when I
- 19:16Speaker 1: got here in twenty and nine and we were negotiating
- 19:20Speaker 1: the deal in twenty eleven, I mean, look, the first
- 19:21Speaker 1: thing that I'm looking at from an economic standpoint is
- 19:25Speaker 1: if I can increase your work and not increase your pay,
- 19:30Speaker 1: that's a problem. It's a big problem. So we changed
- 19:34Speaker 1: it in twenty eleven where the league could only increase
- 19:38Speaker 1: the games if the players agreed to it. So fast
- 19:42Speaker 1: forward to twenty eleven, twenty twenty, we're doing the deal.
- 19:46Speaker 1: The players negotiated a deal where every player making minimum
- 19:50Speaker 1: got a twenty percent raise. Former players pensions went up,
- 19:54Speaker 1: all the benefits went up, the package went up. We
- 19:57Speaker 1: gained a larger share of of our revenue, so put
- 20:02Speaker 1: it in perspectives. The league bought seventeenth game in twenty
- 20:10Speaker 1: twenty for approximately one point five to one point six
- 20:15Speaker 1: billion dollars that they had for free in twenty eleven.
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- 22:08Speaker 2: can keep pushing your vision forward. Yo, if you thought
- 22:14Speaker 2: the mccrispy was busting all up, Bacon and Ranch have
- 22:19Speaker 2: entered the chat, say hello to the vacant ranch mccrispy.
- 22:23Speaker 2: By by by by five, I.
- 22:25Speaker 3: Participated in McDonald's look at the time only and how
- 22:29Speaker 3: does this voting process take place? Every single player votes
- 22:32Speaker 3: and then it's the majority wins. So they get ballots
- 22:35Speaker 3: and they have to.
- 22:36Speaker 1: Yeah, yeah, this this one. And look, I understand that
- 22:39Speaker 1: it was a difficult decision for the players, but you know,
- 22:42Speaker 1: my job is Andy. By the way, I don't get
- 22:43Speaker 1: a vote. You know, the players want to X, Y
- 22:47Speaker 1: and Z and including increases. The league conditioned all of
- 22:51Speaker 1: those increases on a game, on an extra game, and
- 22:55Speaker 1: then you know, for me, my job is to get
- 22:57Speaker 1: the best deal on the table. But I remind our players, look,
- 23:01Speaker 1: I don't play, so you vote, vote, and yeah, it
- 23:06Speaker 1: was split and most of the players were on one
- 23:08Speaker 1: side and it was closed. I think it was sixty
- 23:11Speaker 1: two votes out of nearly fifteen hundred votes cast. But
- 23:15Speaker 1: that's democracy. And so you know, look, I mean, are
- 23:19Speaker 1: we benefiting from it. Yes, we have the largest salary
- 23:23Speaker 1: cap jump in the history of the sport. We got
- 23:28Speaker 1: through COVID. We're going through a recession. We were on
- 23:32Speaker 1: the eve of the biggest game of the year, and
- 23:35Speaker 1: I mean think about it. I mean, every year we
- 23:37Speaker 1: are eighty five of the top one hundred shows on television.
- 23:42Speaker 1: And that's regardless of a recession. That's regardless of COVID.
- 23:46Speaker 1: I love the fact that, you know, the NFL players
- 23:48Speaker 1: are the highest paid players in the country by sport.
- 23:52Speaker 1: I love the fact that we've got a pension and
- 23:55Speaker 1: benefits you know package that is, you know, on top
- 23:58Speaker 1: of the caps some fifty sixty million dollars a year.
- 24:03Speaker 1: But that comes with a decision from leadership and my
- 24:06Speaker 1: job and I refuse to do anything that takes the
- 24:10Speaker 1: leadership weight off of our guys.
- 24:14Speaker 3: Make a decision when you say the highest paid by sport,
- 24:17Speaker 3: because from my I thought it was baseball number one,
- 24:19Speaker 3: basketball number two, and then football number three.
- 24:22Speaker 1: No it's not. I mean again, I mean I always
- 24:25Speaker 1: have this conversation with players in a locker room. It's like, well,
- 24:27Speaker 1: how come we don't get paid as much money as
- 24:30Speaker 1: basketball players. I'm like, well, hey, that's great. You know
- 24:32Speaker 1: how many basketball players are in the country, four hundred
- 24:35Speaker 1: and fifty five hundred. Let's split the math, easy, five hundred.
- 24:38Speaker 1: You want me to quadrupri or salary. We go from
- 24:42Speaker 1: eighteen hundred players to five hundred players if we did that,
- 24:47Speaker 1: So based on the amount of players, okay, right, So.
- 24:49Speaker 5: So based on the amount of players.
- 24:51Speaker 1: Yeah, So I look at it as how much money
- 24:54Speaker 1: is coming in versus how many players are playing. So
- 24:59Speaker 1: our annual revenue this year will probably exceed eighteen billion
- 25:05Speaker 1: dollars going to all of our players. Next up is
- 25:10Speaker 1: going to be you know, basketball, then baseball. Their average
- 25:15Speaker 1: revenue they're all revenue this year will probably be somewhere
- 25:20Speaker 1: around twelve billion dollars. But their twelve billion dollars is
- 25:24Speaker 1: split by four hundred and fifty players. Our eighteen billion
- 25:29Speaker 1: is split between eighteen hundred players, So you know, I
- 25:34Speaker 1: can only look at aggregate amounts of money coming in
- 25:38Speaker 1: if if NFL players want to increase salaries and they
- 25:41Speaker 1: want to do two days like, you know, two way
- 25:43Speaker 1: players like I did when I was in high school.
- 25:46Speaker 1: I was terrible, by the way, for the record, a terrible. Yeah,
- 25:50Speaker 1: you know, I could figure out the game and that's
- 25:52Speaker 1: whole getting hit things like but yeah, I mean, think
- 25:55Speaker 1: about it, if we if we dropped from two thousand
- 25:59Speaker 1: players to one thousand players, the average salary of the
- 26:04Speaker 1: players would So you know, I think every now and
- 26:08Speaker 1: then people see sort of the individual amount that a
- 26:13Speaker 1: person is playing. But you're looking at a sport where
- 26:16Speaker 1: you've got two thousand people, you know in one place,
- 26:20Speaker 1: four hundred and fifty people in another, and I think
- 26:22Speaker 1: roughly what five hundred maybe five hundred and fifty baseball
- 26:26Speaker 1: players on the other side, so a much smaller pool
- 26:29Speaker 1: of people.
- 26:30Speaker 4: I guess why it feels that way is that when
- 26:32Speaker 4: we look at sports contracts, and this is maybe something
- 26:35Speaker 4: I guess you can talk about in collective bargain, is
- 26:37Speaker 4: that those sports have guarantee.
- 26:38Speaker 1: You contracts and careful, well careful some of them. Careful, No, no,
- 26:44Speaker 1: you got to you right. And the reason why I
- 26:46Speaker 1: like to have this conversation which sport, which sports? CBA
- 26:52Speaker 1: guarantees contracts NBA.
- 26:56Speaker 5: I'm not show It sounds like a quick like.
- 27:01Speaker 1: He was like, let him go first, Yeah, yeah, yeah.
- 27:04Speaker 1: The answer is no. One nobody's collective bargaining agreement guarantees contracts.
- 27:10Speaker 1: And again, you know, I'm a I'm a little bit
- 27:12Speaker 1: of a history nerd. So you know, everybody believes that
- 27:16Speaker 1: basketball contracts, all of them are are are guaranteed by
- 27:20Speaker 1: their collective bargaining agreement, or Baseball's contracts are guaranteed by
- 27:25Speaker 1: collective bartiing agreement. The fact is none of them. So
- 27:28Speaker 1: about five years ago, I mean, it probably took me
- 27:30Speaker 1: a year to do the research I wanted to find out.
- 27:34Speaker 1: We'll wait a minute. If their cbas don't guarantee the contracts,
- 27:39Speaker 1: why are more NBA contracts guaranteed than NFL contracts. So
- 27:44Speaker 1: if you go back in history, you take a look,
- 27:46Speaker 1: there was a two two year story. Again, you're probably
- 27:50Speaker 1: too young to remember Moses Malone. You know, we know.
- 27:56Speaker 5: I was born when they never saw him play. Well,
- 27:57Speaker 5: I remember, I know, I know in.
- 27:59Speaker 7: All Star Game for sure, when he was eighty two
- 28:06Speaker 7: for the recording, won, right, he's gonna get a sixty one.
- 28:10Speaker 1: Yeah. I graduated from high school in the eighty won,
- 28:12Speaker 1: So yeah, man, it's hilarious. Anyway, I went back in
- 28:18Speaker 1: history to take a look at that. So Moses Malone
- 28:21Speaker 1: when he renegotiated his contract, he broke the back and
- 28:26Speaker 1: he had the largest contract in NBA history. The next year,
- 28:31Speaker 1: Larry Bird comes up to renegotiate to his contract. Larry
- 28:35Speaker 1: Bird says, I want more money than Moses Maloney. Celtics,
- 28:38Speaker 1: go no. Larry Bird says, okay, I looked at Moses
- 28:44Speaker 1: Malone's contract and I noticed that he had a base
- 28:46Speaker 1: salary of X. He got a bonus if he got wide,
- 28:49Speaker 1: if he became MVP, he got a bonus if they
- 28:52Speaker 1: won the World Championship. He got a bonus if he
- 28:55Speaker 1: sold a certain amount of apparel. Larry Bird's ate, Bob Wolf,
- 29:01Speaker 1: came back and said, we want the same money as
- 29:04Speaker 1: Moses Malone, but we don't want any incentives tied to it.
- 29:09Speaker 1: So Larry Bird's contract in basketball became the first contract
- 29:13Speaker 1: where it was fully guaranteed. No one sends no nothing.
- 29:20Speaker 1: And so from that point forward, every major free agent
- 29:27Speaker 1: had their contract structured like Larry Bird's contract. That's how
- 29:31Speaker 1: they got guaranteed contracts in basketball, not by their CBA,
- 29:35Speaker 1: but by custom. So you fast forward to the NFL,
- 29:40Speaker 1: Kirk Cousins gets franchised twice. Those are fully guaranteed contracts
- 29:44Speaker 1: by the CBA that we wrote. Then what does he do.
- 29:47Speaker 1: He goes into the market and he says, my last
- 29:51Speaker 1: two contracts were fully guaranteed. I'm going to go into
- 29:54Speaker 1: the market and I want a fully guaranteed contract.
- 29:59Speaker 4: And he got franchise tag twice the context and you
- 30:02Speaker 4: can't franchise attack somebody three times, correct, And so he
- 30:05Speaker 4: had to get he had to go to.
- 30:07Speaker 1: The free, free free market.
- 30:08Speaker 4: But even in that franchise, he had to make the
- 30:11Speaker 4: average of the top five quarterbacks.
- 30:13Speaker 1: Average the top five the first time average of the
- 30:16Speaker 1: top three, the second time plus one. So then he
- 30:20Speaker 1: goes into the free market, but there's nothing in the
- 30:22Speaker 1: free market by the CBA that says that his contract
- 30:25Speaker 1: has to be fully guaranteed. Right, he went into the
- 30:27Speaker 1: market demanding a fully guaranteed contract because he had the leffage.
- 30:32Speaker 1: But here's what happens after he does his contract? How
- 30:36Speaker 1: many quarterbacks do contracts after Kirk Customs pruss? You got
- 30:43Speaker 1: Tom Brady, you got Drew Brees, you got Peyton Manny Patrick,
- 30:47Speaker 1: all of them. Did they get their contracts fully guaranteed? No? No,
- 30:54Speaker 1: So what happened in basketball didn't happen? And why I don't.
- 31:04Speaker 5: That the agent's fault.
- 31:05Speaker 1: I don't because I don't get to contracts, right. So,
- 31:12Speaker 1: but so when I teach on guaranteed contracts, I teach
- 31:17Speaker 1: the Moses Malone to Larry Bird to free agent movement
- 31:22Speaker 1: of guaranteed contracts. Then you come back and you teach
- 31:25Speaker 1: the fully guaranteed franchise tag under Kirk Cousins goes to
- 31:31Speaker 1: the free market fully guaranteed contracts, then it doesn't happen.
- 31:35Speaker 4: So you're giving them the education, and what they choose
- 31:38Speaker 4: to do with the education.
- 31:39Speaker 1: I can't contra and then you fast forward for for
- 31:43Speaker 1: whatever you know, for whatever people want to think. I
- 31:46Speaker 1: don't care what most people think. But Deshaun Watson negotiates
- 31:51Speaker 1: a fully fully guaranteed What quarterbacks do contracts after Deshaun Watson,
- 32:00Speaker 1: it doesn't really matter. Yeah, are they fully guaranteed? No?
- 32:06Speaker 1: So once again the cycle happens. What should have happened
- 32:09Speaker 1: in the market was what should have happened with Larry Bird,
- 32:13Speaker 1: but it doesn't happen in football. So now we're on
- 32:16Speaker 1: the cusp of what I consider to be one of
- 32:20Speaker 1: the most dynamic quarterbacks in NFL history, is coming up
- 32:24Speaker 1: on the end of his rookie deal and he's about
- 32:28Speaker 1: to hit the free market. And one of two things
- 32:30Speaker 1: will happen. If the owner decides we don't want you
- 32:34Speaker 1: to go to the free market, Lamar Jackson will be franchised.
- 32:38Speaker 1: You'll get the average of the top five quarterbacks and
- 32:40Speaker 1: that's fully guaranteed.
- 32:42Speaker 5: Great.
- 32:42Speaker 1: If he gets franchised a second time, he gets the
- 32:44Speaker 1: average of the top three plus one hundred and twenty percent. Great.
- 32:49Speaker 1: But if he wants to do a free market contract,
- 32:56Speaker 1: wouldn't it be in his best interest to get the
- 32:58Speaker 1: same type of track that Deshaun Watson got, Kirk Cousins got,
- 33:04Speaker 1: and Larry Bird got.
- 33:06Speaker 5: Before we leave, how do you feel about the kamin
- 33:09Speaker 5: you spoke about it. I want to elaborate about that
- 33:11Speaker 5: loot bit.
- 33:12Speaker 1: Yeah, I mean, and look, I'm I'm you know, as
- 33:15Speaker 1: we talked about, I'm not a football guy, and frankly,
- 33:17Speaker 1: I don't think I'm supposed to be ideal in contracts
- 33:21Speaker 1: and scintillating things like regression analysis and looking at data
- 33:26Speaker 1: and trends and TV contracts and all of these things.
- 33:29Speaker 1: So I don't look at this, and I don't think
- 33:31Speaker 1: any labor leader should look at a job like this
- 33:35Speaker 1: as how do we preserve the game. I represent a
- 33:38Speaker 1: group of workers who have really short careers, and I
- 33:41Speaker 1: want to maximize their returnal football. I want them to
- 33:44Speaker 1: get more out of football than football gets out of them.
- 33:46Speaker 1: So when I look at the combine, instead of thinking
- 33:49Speaker 1: about it like football, I think about it like work. Okay,
- 33:52Speaker 1: I went to a top ten law school. I mean
- 33:54Speaker 1: I did. Okay, I can't imagine a world where all
- 33:58Speaker 1: of my fellow students from all of the other top
- 34:01Speaker 1: ten law schools do extremely well. In law school, we're
- 34:05Speaker 1: rated some of the best potential lawyers in the country.
- 34:09Speaker 1: We take the bar, and we pass the bar, and
- 34:12Speaker 1: the bar says ud and all of the hundreds of
- 34:16Speaker 1: other law school students are poised to be the best
- 34:19Speaker 1: lawyers in the world. But instead of you picking your
- 34:23Speaker 1: law firm, here's what we're gonna do the bar is
- 34:26Speaker 1: decided that instead of you picking your law firm, all
- 34:30Speaker 1: of you are gonna go to a certain city and
- 34:33Speaker 1: instead of I know we passed the bar, and I
- 34:35Speaker 1: know you've already graduated from law school and on ice great,
- 34:37Speaker 1: but here's what we're gonna do. For three days. We're
- 34:39Speaker 1: gonna give you a bunch of law quizzes and all
- 34:42Speaker 1: of you are going to take a bunch of quizzes,
- 34:43Speaker 1: and we're gonna see how well you do on the
- 34:45Speaker 1: law quiz. Oh and by the way, because everybody who
- 34:48Speaker 1: comes to our law firm has healthcare, we're going to
- 34:52Speaker 1: put you through medical testing to see if you are
- 34:56Speaker 1: genetically predisposed for liver disease or cancer, or if you're
- 35:02Speaker 1: a woman, you might want to take maternity leave one day,
- 35:06Speaker 1: and we're going to factor all that in because that
- 35:08Speaker 1: impacts our healthcare cost. And after that we will decide
- 35:14Speaker 1: whether you can become a lawyer. If that happened in
- 35:18Speaker 1: law or journalism or doctors or anywhere else, people would go,
- 35:25Speaker 1: have you lost your mind? What are we doing? You
- 35:30Speaker 1: should just take me as a potential employee based on
- 35:35Speaker 1: how well I did in school. Have I passed the test.
- 35:40Speaker 1: Can I do the work? Yes, the combine is the
- 35:44Speaker 1: only place I know of where we now know, especially
- 35:48Speaker 1: you guys who are younger than me. Thanks for pointing
- 35:50Speaker 1: it out. You've seen. If I asked you right now
- 35:56Speaker 1: to look at the top five perspective draft picks, and
- 36:00Speaker 1: I said, hey, man, can you pull up on your
- 36:02Speaker 1: phone how fast they run, how high they can jump,
- 36:06Speaker 1: and give me a rundown of their physical skills for football?
- 36:11Speaker 1: You could pull all that up on your phone right
- 36:13Speaker 1: now and you probably would have what twenty NFL junior videos,
- 36:19Speaker 1: everything from the guy running from the time he was
- 36:21Speaker 1: in junior high school until college. You've got it. So
- 36:24Speaker 1: here's what I know. Do we know how fast these
- 36:27Speaker 1: guys could run? Yes, oh great, We know how high
- 36:30Speaker 1: they can jump, We know how much they can lift.
- 36:33Speaker 1: If if scouts want to know exactly how that happens
- 36:36Speaker 1: and they want another second check, what do they do?
- 36:38Speaker 1: They can go to the schools and do pro days. Right. Yet,
- 36:42Speaker 1: we set up this invitation only come by where you
- 36:46Speaker 1: have to be invited, and then when you show up
- 36:49Speaker 1: you have to sign a medical waiver and they put
- 36:52Speaker 1: you through the MRI machine. You get interviewed by thirty
- 36:56Speaker 1: two team doctors, thirty two set right doctors. Then a
- 37:02Speaker 1: GM sits down with you and says, I want to
- 37:04Speaker 1: talk to you about your childhood. What does your mother do,
- 37:08Speaker 1: what does your father do? Did you grow up in
- 37:11Speaker 1: a violent culture? How were you in high school? What
- 37:15Speaker 1: kind of friends did you do to hang around? All
- 37:17Speaker 1: I'm saying is why would we accept a system like
- 37:21Speaker 1: that in football? And we would never accept a system
- 37:25Speaker 1: like that outside of football. And so when I talk
- 37:28Speaker 1: about the combine, I look at it as not a
- 37:31Speaker 1: football thing, it's a worker thing. And is there a
- 37:35Speaker 1: way of conducting an interview that doesn't infringe on your
- 37:39Speaker 1: privacy and your medical history? Because let's not get it
- 37:42Speaker 1: twisted for a second. Why are you being evaluated by
- 37:46Speaker 1: a doctor? Why are you being put through an MRI?
- 37:50Speaker 1: Right before you signed your first NFL contract? You have
- 37:54Speaker 1: to have a physical. The physical is designed so that
- 37:58Speaker 1: the doctor knows that you were physically capable of doing
- 38:01Speaker 1: the work. If that happens at the end, what is
- 38:05Speaker 1: this medical evaluation at the beginning, It's to decrease your
- 38:11Speaker 1: draft stock. Right. I got Tiama linebackers. Both of you
- 38:17Speaker 1: are six three two forty. Both of you run a
- 38:21Speaker 1: four four forty. Both of you can bench big time. Wait,
- 38:26Speaker 1: you can do your squats, both of you have a
- 38:29Speaker 1: vertical lift of blah blah blah. How do I draw
- 38:32Speaker 1: the difference between whether I'm going to pick you or
- 38:36Speaker 1: you? You want to know, man, does that guy have a
- 38:40Speaker 1: sign of a knee injury from high school? Does his
- 38:44Speaker 1: shoulder have any sort of degenerative tissue? What's on his
- 38:48Speaker 1: X ray? What's on his MRI? Well, they both run
- 38:52Speaker 1: the same thing, but which one is more likely to
- 38:54Speaker 1: be injured? That is only there for one reason to
- 38:59Speaker 1: drop you from the third pick of the draft to
- 39:02Speaker 1: the fifth pick of the draft, from the first round
- 39:04Speaker 1: of the draft to the third round of the draft.
- 39:06Speaker 1: And here's my problem with it. The combine and structured
- 39:10Speaker 1: so that you can't say no. So I asked myself
- 39:14Speaker 1: a question. Would I want that system for my daughter?
- 39:17Speaker 1: Would you want that system for your son?
- 39:20Speaker 2: No?
- 39:21Speaker 1: And I find it medically, professionally and ethically intrusive. That's
- 39:28Speaker 1: my thing about And apparently I've made tons of friends
- 39:31Speaker 1: by so yeah, my picture is on the wall at
- 39:34Speaker 1: the Indianapolis Airport. Now it was like a big slash,
- 39:37Speaker 1: so not welcome. Uh no, but that's okay. My job
- 39:42Speaker 1: is not about making friends.
- 39:43Speaker 5: Thank you for your time. Yeah very much. I had
- 39:47Speaker 5: a lot of fun. Thank you.
- 39:48Speaker 1: Thank you my graduates from my school being forced bag drop.
- 39:55Speaker 5: Bag drop, Mike Draft, bag drop draft.
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- 40:13Speaker 2: us to excel, and their path navigates the way towards freedom.
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