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View Full Version : Player Association finally picks replacement for Gene Upshaw



RuthlessBurgher
03-16-2009, 10:06 AM
http://sports.espn.go.com/nfl/news/story?id=3983760


Smith elected to head NFLPA
ESPN.com news services

WAILEA, Hawaii -- DeMaurice Smith's ties to presidential power and business experts trumped football experience, leading the Washington-based attorney to become the NFL Players Association's new executive director.

With two former union presidents and a high-profile sports attorney also as finalists, NFLPA player representatives instead went with an outsider in electing Smith on Sunday. He succeeds the late Gene Upshaw and guides the players into a critical era that includes negotiating a new collective bargaining agreement in the shadow of an economic meltdown.

"Guys, let's get to work," Smith told the membership.

The 45-year-old Smith was elected on the first ballot by the 32 representatives -- one for each NFL team -- and was introduced to a standing ovation.

Smith's election was first reported by ESPN.com's John Clayton.

"We're behind our new leader and we're ready to forge forward with a united front," Rams offensive lineman Adam Goldberg said. "Mr. Smith is our best option of leading us into the future, and we're proud to be a part of it."

Smith becomes the fourth leader in the union's 41-year history. He has the opportunity to chart a new direction for a union that proved both successful and divisive -- particularly involving the needs of retired players -- under Upshaw, who died in August after a 25-year tenure.

"The men here today made a decision to be unified to take a strong step forward to build upon the leadership of Mr. Upshaw and stand together as a family," Smith said.

Smith was elected by a vote behind closed doors at the posh Fairmont Kea Lani resort on the island of Maui where the union has been meeting. The player reps heard from the four candidates Saturday and once again Sunday, with the finalists providing their closing arguments before the voting began by secret ballot.

The reps emerged with their selection 90 minutes later.

Smith is an NFL outsider who has no labor law experience, but has ties to President Barack Obama and worked with new U.S. Attorney General Eric Holder. He's a trial lawyer and partner at the influential Washington-based Patton Boggs, and chair of the firm's government investigations and white collar practice group. He has represented Fortune 500 companies in numerous cases. A native Washingtonian, Smith earned his law degree at Virginia in 1989, and has been a frequent guest commentator on many cable television news programs.

Despite his lack of familiarity to NFL players, he beat out three strong contenders: former NFLPA presidents Troy Vincent and Trace Armstrong, and sports attorney David Cornwell, who re-emerged as a candidate after receiving the necessary written support of three player reps.

Cornwell endorsed Smith following the vote.

"I am proud of the player representatives and the executive committee," Cornwell said in an e-mail sent to The Associated Press. "They handled a very difficult process with class, determination and view toward the best interests of all NFL players. Congratulations to DeMaurice Smith. He deserves all of our support. He will certainly have mine."

Cornwell previously called the sometimes politicized and often divisive seven-month search process as "corrosive."

Vincent was particularly the target of numerous attacks -- many of them anonymous -- questioning his character and business background.

According to a biography released by Smith's assistant, the lawyer presented the union with a comprehensive plan, assembling roughly a dozen advisers -- Wall Street financiers, labor lawyers and sports licensing experts -- in making his presentation to players. His goals include increasing health care and opportunities for former and current players, and he believes "the union has both a moral and business obligation to retired players."

Goldberg was impressed by Smith's ability to get across his message.

"He has a very, very infectious energy about him. When he's excited about something, everybody in the room is excited," Goldberg said. "He's going to be a great leader for us. I'm proud to be a part of it. I can't wait to facilitate our agenda for the rest of our term."

In a statement, the NFL said: "We congratulate DeMaurice Smith and look forward to working with him and the NFLPA board to ensure the continued health and growth of our game."

Born in Washington, Smith grew up in nearby Glenarden, Md. He ran track at Cedarville University in Ohio and then earned his law degree at the University of Virginia with honors in 1989. His father is a former marine and his mother worked as a nurse.

Now comes the hard part for Smith, who is challenged with establishing an immediate plan to secure the union's future.

In the coming months, the new director will enter talks with the NFL after owners opted out of the current collective bargaining agreement last year. If a new deal is not struck within two years, there is a chance for a work stoppage affecting the 2011 season, threatening the NFL's long history of labor peace, which has allowed it to flourish for much of the past two decades.

Compounding the importance of the negotiations is an economic meltdown that could damage the NFL's revenue-generating ability and entrench owners to hold their ground in seeking givebacks from players. Owners argue that the current agreement is too favorable for players, who get about 60 percent of applicable revenues.

The NFLPA has countered, citing a union-commissioned study that showed the average value of the teams has grown from $288 million to $1.04 billion over 10 years, an increase of about 14 percent a year.

NFL commissioner Roger Goodell has already raised the possibility of a rookie salary cap, a move that would significantly pare the multi-million-dollar deals going to unproven first-round draft picks.

Another unresolved issue is the rift that's grown between the union and its retired players, some of whom feel disenfranchised. A host of former stars, including Pro Football Hall of Fame members Mike Ditka, Herb Adderley and Joe DeLamielleure, have been increasingly critical of the union over its health benefits and pension plan, which pays some retired players only hundreds of dollars a month.

NFLPA president Kevin Mawae, the center for the Tennessee Titans, called the vote a "legacy decision for the organization to move forward."

The vote was tabulated and verified by accounting firm KMH LLP of Honolulu.

Information from The Associated Press was used in this report.

http://sports.espn.go.com/nfl/columns/story?&id=3983835


Updated: March 16, 2009, 7:44 AM ET
Smith brings a fresh approach
By John Clayton
ESPN.com

For years, the NFL Players Association operated successfully because it kept its leadership within the family.

Ed Garvey put the union on the map in the 1970s and 1980s and tried to become partners with NFL owners despite the unpopularity of the notion. Owners thought he was crazy, but it was Garvey's successor, Gene Upshaw, who took major strides. He held out long enough to eventually gain more than 50 percent of the league's revenues.

The selection of Washington, D.C., attorney DeMaurice Smith as NFLPA executive director may have been a surprise, but in many ways, the union decided it needed a fresh approach.

Despite being a perceived outsider, Smith should work out well for the NFLPA.

It's not that former players Trace Armstrong, Troy Vincent or attorney David Cornwell weren't strong contenders. Armstrong and Vincent were former presidents of the union. Cornwell has worked in the league office and been one of the most active litigators in player grievances.

The problem, though, was Vincent gave some of the current union leadership angst because he took a run at Upshaw's leadership last year. An investigation was launched by the union into whether Vincent gained and disclosed private information about agents' financial dealings to a colleague who did not work for the union. Vincent was accused of contacting politicians regarding his concerns about the executive director's selection process.

Who knows what's true or not true. It appeared that there might have been a split union had Vincent or Armstrong been selected.

Though insiders within the NFL don't know Smith yet, he is considered impressive. His legal skills are praised. His presentations are lauded. He demonstrates good leadership.

The key coming out of this process was to make sure the NFLPA is a union. Storm clouds are ahead. The salary cap could go away in 2010 and a lockout could occur if no collective bargaining agreement is set before 2011. Even though he enters the process as an outsider, it is Smith's new job to unite, which is why the selection process swung toward him.

Senior NFL writer John Clayton covers the NFL for ESPN.com.