Sports Law Blog |
All things legal relating to the sports world... |
|
Tuesday, June 13, 2006
Jerry Rice Slams Deion Branch's Decision to Holdout New England Patriot Deion Branch is one of the NFL's premier wide receivers and most clutch players (he was MVP of Super Bowl XXXIX). By all accounts, he's also well liked and respected by teammates, coaches, fans, and the media--and in the interviews that I've seen of him, he seems genuinely humble and appreciative. He's also overcome very difficult life circumstances.But he's not happy about his salary for the 2006 season or the Patriots' unwillingness to assent to his demands for a new multi-year contract. Specifically, he is in the last year of his five-year rookie contract, which over the last four seasons has paid him about the league-minimum (plus a $1 million signing bonus), and he is slated to earn about $1 million this year. He wants a new contract that will pay him at least $12 million in bonus and gauranteed dollars. The team has refused, and to show that he's serious/angry, he's decided to holdout of Patriots' minicamp, which began today. Earlier this afternoon, Branch's holdout generated a very harsh reaction from Hall of Fame wide receiver Jerry Rice, who was debuting as co-host of the new SIRUS radio show "Afternoon Blitz": That’s crazy. You go to minicamp, show your loyalty. Get in there and fight and show them you’ve still got it and you just need them to step up to the plate now.Is Rice right? Should Branch honor his contract? He did agree to it, after-all. And shouldn't Branch be loyal to his organization--the same organization that took a chance on him in the second round of the 2002 NFL Draft, even when most draft experts projected him as a 4th or 5th round pick? Or is Branch right? He's vastly underpaid, his contract--like almost all NFL contracts--is not guaranteed (meaning one injury could obliterate his career at any moment), and he was likely pressured by the Patriots into signing a 5-year deal as a rookie. Branch might also wonder (as we did here in February) why most fans don't seem angry when NFL teams force players into renegotiating their contracts, under the threat of being cut: If Branch isn't being loyal to the Patriots, then shouldn't we say that the Patriots weren't loyal to Willie McGinest and Ty Law and other popular veterans who wouldn't take pay cuts and were released? So who's right? 13 Comments:
Rice is wrong, wrong wrong. The relationship he's describing is not an employer-employee one -- it sounds more like a parent-child thing.
I think of hold outs, more or less, as a product of free agency. There is nothing wrong with demanding for the highest salary in the respective labor market and i think it is neither a novel nor inappropriate conduct. However, I do think that breaching a contract in attempt to demand re-negotiation is unlawful and improper. No where does it say that the considerations need to be fair in order to make the contract enforceable and no one, including a premier wide receiver like jerry Rice, should be above the law. His exceptional playing ability should NOT be a justification for Rice to renege on his obligations—though some athletes cannot seem to swallow that concept. I don’t think the club will be up for the re-negotiation because it would not be smart to do anything that might open the floodgate for future cases. I do not have the specific provisions relevant in the National Labor Relations Act here, but I think Rice would also have hard time getting the back-up from the NFLPA for his decision to hold out as well. This, though, doesn’t mean that I do not feel sorry for Rice’s meager salary these past couple years for his service...it propably is a harsh reality for him.
The club/Rice is right and Branch is wrong. The reason is because when the club tells the player that he will be released if he doesn't renegotiate, the club is acting in compliance with the CBA. The player can seek to renegotiate, but he has no leverage whatsoever, and if he doesn't play then he's in breach. It's as simple as that. It may not be fair, but that's the system the players have agreed to. Branch and T.O. (and any other player that wants to renegotiate) needs to convince the union to change the system with the league -- but it's a little late for that now.
Thank you all for your comments.
I wonder what a major league baseball owner would do in this situation?
I agree with Rick. The NFLPA agreed to a CBA that allowed for five year deals (although that has now changed) and optional guaranteed contracts. The CBA represents a number of compromises with the owners; for example, in return for only partially guaranteed contracts, the players received something in return. Now, Branch wants those benefits, plus the right to renegotiate his contract before it expires. If Branch has a problem with the system, he should take it up with the NFLPA. Holding out is not the answer.
I think Sokki is partly right in attributing hold outs to free agency, but the NFL has an added quirk to its contracts. With a "hard" salary cap teams get creative in terms of payments and years, making contracts longer than they intend them to actually be in place simply for the purpose of prorating bonus money over a longer time.
Aren't Branch, TO, H. Ward, etc. really doing themselves more harm than good with their approach in these instances?
Rice is right. Deion Branch has been somewhat less than durable in his four season and sat out 4 preseason games last season to insure against injury. I'm sure the Pats would like to resign him when they know the signing bonus is going to a health player (after the season ends) but holding out wont help his situation in reaping the most dollars available in free agency. The Pats realize that and his value will increase as the season progresses. Rod in Jerry Maguire said SHOW ME THE MONEY!
I agree 100% with Rice. The team can cut Branch at anytime, just like my employer can fire me if it's not in the organization's benefit to have me. Would you stop working to renegotiate your salary? All this does it give the patriots time to find ample and affordable replacements for Branch. He should be out there proving why he should be getting paid more while renegotiating behind the scenes.
Rice is absolutely wrong. The nature of football means your value (and hence salary) can plummet with one ACL tear, especially for WRs.Players get pressured to reduce salaries all the time. This isn't a moral issue.Branch had to pay the negotiated CBA fine b/c of the hold out. If the owners don't like it, they should've negotiated a stiffer penalty for holdouts. Just like the players should have negotiated better guaranteed contracts provisions.
Rice is absolutely wrong. The nature of football means your value (and hence salary) can plummet with one ACL tear, especially for WRs.Players get pressured to reduce salaries all the time. This isn't a moral issue.Branch had to pay the negotiated CBA fine b/c of the hold out. If the owners don't like it, they should've negotiated a stiffer penalty for holdouts. Just like the players should have negotiated better guaranteed contracts provisions.
Rusya |