You can also purchase your own copy of the DVD on Amazon:

The countdown to the 2nd Annual Independent Retired Football Players Summit in Las Vegas has begun!

As the struggle continues between the NFL and the NFLPA to see who will be the gatekeeper of your licensing, pensions, access to fair disability and your overall well-being, it looks like the Summit is the only gathering of retired professional football players that is not sponsored by a special interest group. The Summit is being organized by retirees from all points of interest to be an independent forum where ALL opinions will be heard, discussed and honored.

There have been – and will be – other opportunities to attend “retiree” or “alumni” meetings and it’s important for everyone to continue to participate wherever possible to make a difference for all retirees. The Independent Football Player Summit is unlike any other event. No group, league or union is financing this event. No group, league or union will direct the overall agenda… YOU are the agenda. If you work closely with any of the retired player groups, the Summit is the perfect opportunity to reach out to those with other (or NO) ideas in a completely agenda-free environment. Whether or not you have a particular affiliation, this will be the opportunity to hear all view points and have questions answered. Until recently, there has been absolutely NO opportunity for a diverse broad-based group of retirees to convene, discuss, decide and, if so desired, reach agreement by VOTE as to what YOU want and need.

Some serious collaboration and work is expected to occur at this year’s Summit in Las Vegas. A great deal of discussion time has been scheduled along with experts from the legal, medical, pension, media and mentoring community. And it won’t be all work and no play. After all – it’s Las Vegas! Your NFL brother, Kyle Turley, who recently performed at Mike Ditka’s Gridiron Greats Super Bowl bash, is on tour this Spring. He will bring his musical talent and passion for his football brethren to our Summit, slipping a fundraising show just for us into his busy tour schedule!

Don’t miss out on hearing up-to-date news on the NFL, the NFLPA, what’s going on with the various groups and what is expected to happen in the near future… and don’t miss out on being heard. This is the first real 2010 Summit e-mail, yet half as many people as attended last year have already registered! Whether there are 20 or 220 attendees, this year’s Summit is on track to be informative, enlightening and empowering.

Our friends at The SouthPoint Resort & Casino are once again offering a room rate of $55 for the nights of the 15th, 16th and 17th. At less than half the regular rate a three-day stay will cost less than $200. Just like last year, registration for any retired football player and a family member is free – after all…it’s YOUR Summit!

Click on the Register tab at the top of this page to register for the 2010 Summit. (Please reserve your room at the South Point HERE first so you can provide your room registration number in your registration.)

Jane Arnett is co-chair of this year’s upcoming Summit.

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Retired NFL Players Record First Victory Against National Football League

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Court Allows Players to Proceed with Claims

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Minneapolis, MN: Retired NFL players received a boost in their class action lawsuit against the NFL today after a Federal District Court in St. Paul allowed them to move forward with claims that the league is profiting from the identities of retired players without consent or compensation.

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The retired NFL players, led by Fred Dryer, Jim Marshall, Elvin Bethea, Joe Senser, Dan Pastorini, Ed White, and Toby Wright, allege the NFL, including its NFL Films division, has used retired players’ identities to promote the league and earn substantial revenues without consent from the players. “There is no dispute that these videos promote the NFL,” said Bob Stein, a former NFL player and attorney representing the players. “This suit is on behalf of thousands of players who want nothing more than to obtain their fair share of the revenues the NFL has earned, and the brand it has built due to their contributions. This is especially current with the growth of distribution channels such as the NFL network and worldwide internet marketing.”

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The Federal District Court for the District of Minnesota denied the NFL’s contentions that several defenses, including the First Amendment, allowed the League to use retired players’ identities for any purpose it chooses.

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The NFL ranks as one of the largest entertainment conglomerates in the world, raking in an estimated $6.9 billion in 2008 alone. It became the most powerful and profitable sport in America through the sacrifice of these players. Stein adds, “This is an opportunity for the NFL to do the right thing by its retired players, on whose back the league was built.”

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Charles Zimmerman whose firm represents the players along with Stein agreed, saying, “Ultimately, we hope both the NFL and its retired players are able to move forward in a mutually respectful, equitable way. In the meantime, we intend to vigorously pursue all avenues of recovery for these players.”

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The retired players are represented by Zimmerman Reed, PLLP, Bob Stein and Ward & Ward, PLLC. To view a copy of the complaint and district court’s order, please visit RetiredFootballPlayersLawsuit.com. Retired players can receive information on joining the class by calling (888) 621-1103. For further information contact Michael Abbott at Zimmerman Reed (612) 385-8134.

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Order Denying Defendant NFL’s Motion for Judgment on the Pleadings
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NOTE: See if your name is on the list at the end of this post!

Recently, some of the retired players received an announcement from the NFLPA’s offices about another very old settlement fund finally closing on Feb. 18, 2010. Dee Becker from the NFLPA sent out an announcement about this lawsuit that dates back to 1993 – Reggie White et al vs. NFL et al.

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The lawsuit was significant in that it came before free agency and the 1993 CBA (Collective Bargaining Agreement). Several players were negotiating to move to different teams when their respective owners intervened behind the scenes in an effort to keep them from negotiating with other team owners. Imagine something like that happening today: Brett Favre wants to leave the Green Bay Packers and his agent starts discussions with the Minnesota Vikings. So the owner of the Packers just picks up the phone and calls the owner of the Vikings to dissuade him from doing so. The Packers get to keep Favre’s contract and then make Favre a low-ball offer or simply kick him to the curb with no place to go. And that’s the antitrust game in a nutshell. Unrestricted Free Agency and the CBA have become an integral part of players’ contracts today as a result of battles like Reggie White’s lawsuit. Unfortunately, it also allowed former NFLPA Executive Director Gene Upshaw to pervert the process by negotiating the CBA for the full benefit of the active players while completely neglecting – and stealing from – the retired players. It was all about the money. Of course, it also meant that Superagents like Tom Condon (who just happened to have been sitting on the Disability Board for years and long rumored to have been the real power behind Upshaw’s throne) would get increasingly bigger pieces of those ridiculously sky-high salaries and bonuses that they’ve been negotiating for untested new rookies coming in every year since.

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We’re posting Dee Becker’s announcement and list here along with a copy of the most recent appeals ruling out of the District Court of Minnesota. Note that the Defendants list not only includes the NFL as a single entity but also lists the teams individually. This clarification ruling includes the Michael Vick case.

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This suit was interesting because it covered a lot of ground with implications for the recent American Needle case before the Supreme Court right now, as well as the NFL’s recent decision to opt out of the CBA (Collective Bargaining Agreement) last year. A lot of the people who were listed on the original lawsuit can’t be located (it’s been over 10 years!) and won’t be eligible to receive a share of the settlement if they don’t sign in before that Feb. 19th deadline passes. If you know any of the people on this list, please let them know immediately.

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Oh – and one final note: Reggie White did NOT receive one dime from the lawsuit. It was done on principle and for the benefit of his fellow players on the field.

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TO: Retired Players Association Members

FROM: Dee Becker, NFLPA

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The NFLPA is attempting to locate the former NFL players who are listed in the Notice below because they continue to be eligible to receive payments in connection with the settlement agreement in the Reggie White v. National Football League case, which was entered into on February 26, 1993. The NFLPA has attempted to locate the listed persons in the past, but has been unable to do so. The NFLPA is making this final attempt because the Settlement Fund in this case is in the process of closing, with no further payments to be made.

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If you know of the whereabouts of any of the persons in the list below, please provide their contact information to Dee Becker at the NFLPA (phone number (800) 372-2000, email address Dee.Becker@nflplayers.com, fax number (202) 756-9313) as soon as possible, as the Settlement Fund will be closing on February 19, 2010.

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Please also forward a copy of the following Notice, which was published on the NFLPA website, www.nflplayers.com, to any of the listed persons for whom you have contact information. Thank you.

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PLEASE TAKE NOTICE that the persons listed below remain eligible to receive a settlement payment in connection with the Stipulation and Settlement Agreement in Reggie White, et al. v. National Football League, et al., which was entered into on February 26, 1993. However, the settlement fund in this matter is in the process of closing, with no further payments to be made. In order to receive a settlement payment, the below listed persons must notify the National Football League Players Association, in writing, at the following address BY FEBRUARY 19, 2010:

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NFLPA

1133 20th Street N.W.,

Washington D.C. 20036

Attn: Dee Becker (White Settlement Fund)

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Written notice may also be submitted to Ms. Becker electronically, at Dee.Becker@nflplayers.com, or by fax, at (202) 756-9313. If such written notice is not received by the NFLPA by February 19, 2010, then no payment from the remaining monies in the Settlement Fund will be made to any such persons who have not contacted the NFLPA. If you are not listed below, you are not eligible to receive a payment from the remaining funds in the Settlement Fund.

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Plan B Subfund

Burnett, Rob

Chadwick, Jeff

Clark, Robert

Clasby, Bob

Hammerstein, Mike

Hill, Will

Martin, Tony

Redding, Reggie

Reisenberg, Doug

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Preseason Pay Subfund

Alexander, Ray

Estate of Lyle Alzado

Andrews, Mitch

Archer, Sam

Armenteros, Alex

Baty, Gregory

Estate of Brad Beckman

Bedford, Brian

Bennett, Charles A.

Bennett, Roy Mitchell

Berg, Steve

Bethea, Ryan

Biggers, Kevin

Bob, Adam

Bolton, Nathaniel

Bone, Warren

Bonner, Brian

Brockman, Lonnie

Brotzki, Bob

Brown, Jerry

Brown, Ron

Bryant, William

Burdick, Shaun

Bynum, Reggie

Calhoun, Paul

Calvin, Richard

Cannon, Willie

Carr, Derrick

Cartwright, Ricardo

Cephus, Marvin

Champion, Tony

Chapman, Ted

Cheattom, Carlo

Chipps, Dale

Clarkson, Larry

Clayton, Stanley

Cline, Michael

Collins, Linzy

Colonna, Dave

Colter, Cleveland

Crain, Kurt Bannon

Davis, J.J.

Davis, Richard

Davis, Wayne

Doyle, Philip

Duhart, Tommy

Emery, Larry G.

Ervin, Corris D’Angelo

Farris, Ervin

Ferguson, Phil

Fite, Jeff

Flesher, Tom

Flores, Sam

Floyd, Lucius

Foley, Tim

Franks, Davis

Freeman, Corlan

Futrell, Bobby Lee

Galbraith, Neil

Glover, Clyde M.

Grabisna, Erwin

Graham, Donald John

Grant, Eddie

Graves, Broderick

Gray, James

Grayson, Dan

Greer, Curtis

Hammerstein, Mike

Hammond, Spencer

Harkness, Chris

Harper, James

Harper, Robert

Harris, Greg

Harris, Ike

Hawkins, Roland

Hawthorne, George

Hayes, Mark

Hazard, Manny

Healy, Tim

Hemingway, George

Henley, Thomas

Henry, James

Herds, Tyrees

Hickerson, Eric

Highsmith, Fred

Hinckley, Rob

Hines, John

Hinton, Patrick

Holley, Bret

Holloman, Amonte

Holloway, Steve

Hopkins, Marcus

Hopkins, Mark

Hough, Scott

Howard, Stanley

Howard, William Dotson

Hudson, Gordon

Hunter, Malvin

Husar, Mike

Ihnat, Eric

Inglis, Tim

Irvin, Todd

Jackson, Artis

Jackson, Charles

Jackson, Harry

Jackson, Ray

James, Danny

Jeffrey, Tony

Johnson, Andre

Johnson, Greg

Johnson, Lee

Johnson, Lenny

Jones, Greg

Jones, Kenny

Jones, Max

Jones, Myron

Jones, Richard

Jones, Robert

Jones, Tony

Jones, Tyrone

Katoa, Andy

Kauric, Jerry

Kelleher, Tom

Kelley, Mike

Keys, Billy

King, David

King, Thomas

Kirk, Vernon

Knapton, Jeff

Knight, Ryan

Knox, Tyreese

Kropke, John

Kunkel, Greg

Lang, Bruce

Loveall, Calvin

Magee, Rogie

Maggio, Kirk

Marsh, Marvin

Massey, Tony

McCabe, Jerry

McCall, Kris

McCoy, Keith

McDonald, Keith

McDowell, Willard

McGill, Reggie

McGowan, Paul

McWright, Robert

Miller, Donald

Miller, John

Miotke, Frank

Mitchell, Alvin

Mitchell, Ben

Mitchell, Brian

Mitchell, Marion

Moore, Otis

Moore, Rex

Moore, Sean

Moore, Tim

Morris, Jim Bob

Morris, Robert

Morse, Bobby

Moxley, Tim

Muecke, Tom

Mullen, Keith

Murino, Louis

Murray, Walter

Nedved, Jeff

Newton, Falanda

Nord, Mike

Norman, Dempsey

Norris, Darron

Nua, Mark

Nunn, Clarence

O’Connor, Paul

O’Malley, Steven

Owens, Al

Owens, Billy

Painter, Carl

Parker, Chris

Patterson, Reno

Patton, Gary

Perkins, Nico

Peterson, Tim

Pettitt, Duane

Phillips, Kim

Phillips, Reginald

Porter, Mark

Powell, Alvin

Powell, Jeff

Presbury, Rob

Primus, James

Prindle, Mike

Proctor, Basil

Proctor, Michael

Reed, Harvey

Rentle, Caesar

Richard, Cisco

Richards, James

Riley, Andre

Riley, Bob

Robbins, Monte

Robison, Doug

Rogers, Glenn

Rosado, Dan

Roscoe, Chris

Ross, Scott

Roth, Jeff

Salmon, Craig

Sanders, Byron

Sanders, Charles

Sanders, Terrence

Sanfratello, Mike

Scheller, Sean

Scott, Michael

Searcy, Elliot

Septien, Rafael

Shapiro, John

Shulman, Brian

Simlen, Kerry

Simpson, Anthony

Simpson, Travis

Singer, Paul

Slater, Brian

Smith, Billy

Smith, Irvin

Smith, Rod

Smith, Roland

Smith, Sean

Smith, Tony

Snead, Willie

Solon, Dave

Sorrells, Tyrone

Southall, Comy

Spachman, Chris

Stallworth, Ron

Starr, Eric

Stephens, Ralph

Stewart, Curtis

Stonebreaker, Mike

Thomas, Albert

Thomas, John

Thompson, Ernest

Thompson, Shelton

Tobey, Bryan

Trainor, Kendall

Tunney, Jono

Estate of Darryl Usher

Valentine, Ira L.

Vargo, Ron

Vesling, Tim

Vines, Ken

Waiters, Gary

Waits, Alex

Walker, Arthur

Walsh, Dan

Warner, Kirk

Washington, Charles

Washington, Ed

Watts, Randy

Weathers, Monte

Weber, David

Weir, Robert

Whelihan, Tom

White, Brent

White, Gerald

White, Todd

Wiggins, Shawn

Wiley, John

Wilkins, Pete

Williams, Albert

Williams, Bert

Williams, Marlin

Wilson, Harvey

Winfield, Earl

Wolfolk, Kevin

Woods, Thomas

Woodson, Shawn

Yarano, Don

Young, Almon

Zdelar, Jim

Zeno, Marc

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We found the most recent ruling from the Minnesota District Court of Appeals filed in 2009 and have used DocStoc for easier access and viewing. (Click on the FULL SCREEN button to enlarge it for easier navigation – hit the ESC key to close. You can also click the DOWNLOAD button to save a PDF copy for printing and reading. There’s also a Menu button in the upper left corner with even more options.)

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You can check out the South Point Resort on their website – click HERE.

For those folks who like to have things planned well in advance, the good folks over at the South Point have already set up a special sign-in page so you can book your rooms at the special discount rate for our Summit attendees. They’ve even extended the special room rate for an extra few days before the Summit starts in case you want to get there early to enjoy some R&R in Vegas! Go to the Summit South Point special rate registration page by clicking HERE.

NOTE:

This is our Second Annual Summit to the one that many of you attended in May 2009. We’re announcing the reservation and registration right now to make absolutely sure that no one gets confused by any OTHER Summit being announced and held for Independent Retired Football Players. A few guys have called in to make sure that they weren’t registering for the wrong Summit. So just to make sure that no one gets confused: Yes, this is the Original Summit. And NO, we are NOT associated or affiliated with any other group or association. Accept NO Substitutes.

As always, absolutely NO registration fees for retired players, speakers and their guests. You can register for The 2010 Summit using the form below:

cforms contact form by delicious:days

We encourage all retired players to take advantage of Dr. Amen’s offer to join their study and to help you find out more about what’s going on in your brain. The scan and followup are free – all you have to do is get yourself down to Newport Beach CA. Call Dr. Kristen Willeumier (949) 266-3703 to set an appointment or visit their website for more information (click HERE).

Hey guys! The Amen Scan is free for retired players…. just GET there! The worst thing that can happen is for you to be diagnosed for whatever your issues are and improve your lifestyle.

Hip Hip Hooray! Dr. Daniel Amen!

Irv Cross
1961 – 1969
Philadelphia Eagles & LA Rams

More details  to come later but we’re excited to announce that our 2010 Independent Retired Football Players Summit will be held once again at the South Point Resort & Casino in Las Vegas next spring. The dates – April 16 – 18, 2010. Mark your calendars! We’ll have special rates, speakers and registration forms available soon.

(If you want to find out more about the South Point, here’s a LINK to their website.

Valerie Thomas

Congressional Oversight: StarCaps – Disciplinary Actions and Arbitration

The NFL is trying to get Congress to sanction the CBA-negotiated right to be prosecutor, defense, judge AND jury! Commissioner Roger Goodell advocates “narrow and specific legislation that would confirm the primacy of Federal labor law and to respect agreements on this important subject.”

Currently, the NFL has 32 teams in 23 separate states. The NFL and NFLPA negotiate the terms and conditions of employment for players compiled in the Collective Bargaining Agreement (CBA). Both entities are responsible for the direction and protection of the players’ rights. They are not permitted to agree to terms in the CBA that violate Federal or state law. The StarCaps litigation in the Minnesota court system will test the individual player’s rights versus collective bargaining and jurisdiction.

Our democratic society is built on a system of checks and balances. There must be review of business practices for transparency and accountability especially since the NFL has anti-trust exemption. The direction that professional sports entities take must not be against public policy. The quest for a positive image must not overshadow fair and unbiased levels of justice.

Star Caps

NFL/NFLPA Steroid and Conduct Policy

Situations can arise before the expiration of the CBA and they must be addressed with expediency. Two monumental documents that were developed in and around negotiations of the CBA are: The NFL/NFLPA’s Steroid Policy and the 2007 NFL Personal Conduct Policy.

The NFL’s Personal Conduct “Zero Tolerance” Policy stated: “Engaging in violent and/or criminal activity is unacceptable and constitutes conduct detrimental to the integrity of and public confidence in the National Football League. Such conduct alienates the fans on whom the success of the League depends and has negative and sometimes tragic consequences for both the victim and the perpetrator. The League is committed to promoting and encouraging lawful conduct and to providing a safe and professional workplace for its employees.”

The StarCaps case has addressed issues in both policies. Decisions will be made to amend standard rules and regulations and this case will ultimately establish a new direction in sports.

Disciplinary Actions – The NFL Commissioner does not have a blueprint which lists infractions and the dollar $ amount associated with punitive and preventive measures. Many personal conduct issues, that have recently occurred, were not and could not have been contemplated. Thus, discipline and fines have been subjective. Any person disciplined under this policy shall have a right of appeal, including a hearing, before the Commissioner or his designee.

Fairness and the Right to Appeal – The NFL has abused their discretion and attempted, after the fact, to modify public policy via newly proposed legislation. They stand to gain an advantage that would circumvent the collective bargaining process. We cannot allow the smoke and mirror tactics of the NFL to overpower and outrank what is inherent of our democratic society – that is, to have the right to impartial, unbiased – mediators, arbitrators, jurors, and judges.

It’s not just about protecting the integrity of the NFL drug policy. The NFL has every right to enforce its drug policy and programs that were collectively bargained.

However, the Minnesota players are being admonished for trying to: (1) “clear their names of unfair implications” – including allegations of intentional use of diuretics to mask steroid usage; (2) to have the right to explain their positions to an unbiased arbitrator; (3) to make clear the fiduciary duty of the NFL and NFLPA in this situation; and, (4) to assist in every capacity to have review for fail-safe measures.” Player Responsibilities – The implementation of a regulatory system requires a commitment to diligent oversight by NFL players and their representatives. To the extent that rules are being instituted in uncharted territory, monitoring decisions and outcomes is of the highest importance. Accepting policies without perusal will establish precedents that could alter the letter and spirit of state and federal laws, labor, employment and the appeal process. The program needs review and reform regarding performance enhancing drugs, including compliance with statewide and federal laws

Compliance and Public Policy – The NFL is crying foul over the appeal by individuals who have inalienable constitutional rights. It has been stated that oversight will “weaken the effectiveness or increase the administrative complexity of the program [NFL Conduct Policy].”

Arbitration Process – Unlike court decisions, arbitration decisions aren’t readily available to the general public. Thus, there is no judicial review. The NFL has abused their power by including bias in a process that requires, at the very least, the appearance of fairness and equity.

The choice of an arbitrator should not remain discretionary. The arbitrator should be neutral. It is arrogant to insinuate that only an elite group of sports enthusiasts are qualified to ensure the desired direction of the League. It is unacceptable that the NFL Commissioner can conduct disciplinary hearings and also be the “chief” of appeals. And it is unacceptable that the NFL Commissioner can make an unfettered choice of a designee. Partial or bias arbitration does not meet “public policy purposes” as set forth by Congress via federal regulations.

Conclusion

Federal laws for choosing an impartial arbitrator are clear. But the interpretation and application of these guidelines have been misdirected. The Commissioner’s designation of the NFL’s General Counsel as an arbitrator in the StarCaps case is wrong. It has nothing to do with character rather the appearance of inequity – if nothing more than the fact that the arbiter is on the NFL’s payroll (in a job that protects the interests of the NFL). Red flags should be raised.

The evolution of the arbitration system in sports is unseen and unknown. But a precedent is being established that must be opposed. In 2006 Congress held a hearing on NFL arbitrations and a follow-up is needed.

The NFL has influenced other sports entities into thinking that there is an attack on national and international drug policies and guidelines. The bottom line is that there needs to be continued discussion as to how to adequately inform, update and guide players on health issues and precautions.

Until further clarification of duties and responsibilities, I opine that it was a fair decision by Judge Magnuson not to suspend the Minnesota players – – and, it was fair of the NFL to not suspend the New Orleans Saints players. To do so would have been discriminatory. The players are on a kind of administrative leave with pay until the judicial system runs its course.

The players deserve further consideration in lieu of the constraints of a zero-tolerance policy. Medical professionals are conducting research on ever-changing products. Complete lists and amendments of banned substances should be provided to non-medical, professional players, with frequency. Perhaps the NFL is in over its head. Nevertheless, the NFL should take more responsibility for the flaws in the system. They should not be allowed to have a “field day” against their own team players.

The players are innocent until proven guilty and don’t deserve the imposition of “punitive” measures without recourse and fairness. Punitive measures also include the attempt to have a system of bias arbitration obtained via “the closing of loopholes” in order to “respect [CBA] agreements.” In the StarCaps case, individual rights must supersede collective bargaining rights and the judicial system is the avenue to ensure compliance with public policy.

The League stands alone on this issue. They cannot be allowed to build a positive public image without protecting the positive images of the players who want to comply with the “system.”

Valerie J. Thomas is a former NFLPA Research Analyst and Paralegal. She was responsible for the analysis of arbitration decisions in the Legal Department.

Copyright ©2009 Valerie Thomas