Goodell: Litigation Endangers NFL’s Success

Commissioner Roger Goodell wrote an op-ed in today’s Wall Street Journal, stating that the union-financed lawsuit attacks virtually every aspect of the current system including the draft, the salary cap and free-agency rules, which collectively have been responsible for the quality and popularity of the game for nearly two decades. A union victory threatens to overturn the carefully constructed system of competitive balance that makes NFL games and championship races so unpredictable and exciting.”

“Is this the NFL that players want?” Commissioner Goodell continued. “A league where elite players attract enormous compensation and benefits while other players—those lacking the glamour and bargaining power of the stars—play for less money, fewer benefits and shorter careers than they have today? A league where the competitive ability of teams in smaller communities (Buffalo, New Orleans, Green Bay and others) is forever cast into doubt by blind adherence to free-market principles that favor teams in larger, better-situated markets?”

“Is this the NFL that fans want?” Commissioner Goodell added. “A league where carefully constructed rules proven to generate competitive balance—close and exciting games every Sunday and close and exciting divisional and championship contests—are cast aside? Do the players and their lawyers have so little regard for the fans that they think this really serves their interests?”

Following is the Commissioner’s full op-ed:

By ROGER GOODELL

Late Monday afternoon, U.S. District Court Judge Susan Richard Nelson issued a ruling that may significantly alter professional football as we know it.

For six weeks, there has been a work stoppage in the National Football League as the league has sought to negotiate a new collective-bargaining agreement with the players. But Judge Nelson ordered the end of the stoppage and recognized the players’ right to dissolve their union. By blessing this negotiating tactic, the decision may endanger one of the most popular and successful sports leagues in history.

What would the NFL look like without a collectively bargained compromise? For many years, the collectively bargained system—which has given the players union enhanced free agency and capped the amount that owners spend on salaries—has worked enormously well for the NFL, for NFL players, and for NFL fans.

For players, the system allowed player compensation to skyrocket—pay and benefits doubled in the last 10 years alone. The system also offered players comparable economic opportunities throughout the league, from Green Bay and New Orleans to San Francisco and New York. In addition, it fostered conditions that allowed the NFL to expand by four teams, extending careers and creating jobs for hundreds of additional players.

For clubs and fans, the trade-off afforded each team a genuine opportunity to compete for the Super Bowl, greater cost certainty, and incentives to invest in the game. Those incentives translated into two dozen new and renovated stadiums and technological innovations such as the NFL Network and nfl.com.

Under the union lawyers’ plan, reflected in the complaint that they filed in federal court, the NFL would be forced to operate in a dramatically different way. To be sure, their approach would benefit some star players and their agents (and, of course, the lawyers themselves). But virtually everyone else—including the vast majority of players as well as the fans—would suffer.

Rather than address the challenge of improving the collective-bargaining agreement for the benefit of the game, the union-financed lawsuit attacks virtually every aspect of the current system including the draft, the salary cap and free-agency rules, which collectively have been responsible for the quality and popularity of the game for nearly two decades. A union victory threatens to overturn the carefully constructed system of competitive balance that makes NFL games and championship races so unpredictable and exciting.

In the union lawyers’ world, every player would enter the league as an unrestricted free agent, an independent contractor free to sell his services to any team. Every player would again become an unrestricted free agent each time his contract expired. And each team would be free to spend as much or as little as it wanted on player payroll or on an individual player’s compensation.

Any league-wide rule relating to terms of player employment would be subject to antitrust challenge in courts throughout the country. Any player could sue—on his own behalf or representing a class—to challenge any league rule that he believes unreasonably restricts the “market” for his services.

Under this vision, players and fans would have none of the protections or benefits that only a union (through a collective-bargaining agreement) can deliver. What are the potential ramifications for players, teams, and fans? Here are some examples:

No draft. “Why should there even be a draft?” said player agent Brian Ayrault. “Players should be able to choose who they work for. Markets should determine the value of all contracts. Competitive balance is a fallacy.”

No minimum team payroll. Some teams could have $ 200 million payrolls while others spend $ 50 million or less.

No minimum player salary. Many players could earn substantially less than today’s minimums.

No standard guarantee to compensate players who suffer season- or career-ending injuries. Players would instead negotiate whatever compensation they could.

No league-wide agreements on benefits. The generous benefit programs now available to players throughout the league would become a matter of individual club choice and individual player negotiation.

No limits on free agency. Players and agents would team up to direct top players to a handful of elite teams. Other teams, perpetually out of the running for the playoffs, would serve essentially as farm teams for the elites.

No league-wide rule limiting the length of training camp or required off-season workout obligations. Each club would have its own policies.

No league-wide testing program for drugs of abuse or performance enhancing substances. Each club could have its own program—or not.

Any league-wide agreement on these subjects would be the subject of antitrust challenge by any player who asserted that he had been “injured” by the policy or whose lawyer perceived an opportunity to bring attention to his client or himself. Some such agreements might survive antitrust scrutiny, but the prospect of litigation would inhibit league-wide agreements with respect to most, if not all, of these subjects.

In an environment where they are essentially independent contractors, many players would likely lose significant benefits and other protections previously provided on a collective basis as part of the union-negotiated collective-bargaining agreement. And the prospect of improved benefits for retired players would be nil.

Is this the NFL that players want? A league where elite players attract enormous compensation and benefits while other players—those lacking the glamour and bargaining power of the stars—play for less money, fewer benefits and shorter careers than they have today? A league where the competitive ability of teams in smaller communities (Buffalo, New Orleans, Green Bay and others) is forever cast into doubt by blind adherence to free-market principles that favor teams in larger, better-situated markets?

Prior to filing their litigation, players and their representatives publicly praised the current system and argued for extending the status quo. Now they are singing a far different tune, attacking in the courts the very arrangements they said were working just fine.

Is this the NFL that fans want? A league where carefully constructed rules proven to generate competitive balance—close and exciting games every Sunday and close and exciting divisional and championship contests—are cast aside? Do the players and their lawyers have so little regard for the fans that they think this really serves their interests?

These outcomes are inevitable under any approach other than a comprehensive collective-bargaining agreement. That is especially true of an approach that depends on litigation settlements negotiated by lawyers. But that is what the players’ attorneys are fighting for in court. And that is what will be at stake as the NFL appeals Judge Nelson’s ruling to the Eighth Circuit Court of Appeals.

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San Francisco 49ers : News

49ers Pioneer Joe Perry Passes

San Francisco 49ers pioneer, Joe Perry, passed away peacefully in Arizona Monday morning from complications due to dementia at the age of 84. Nicknamed “The Jet” for his exceptional speed, Perry was inducted into the Pro Football Hall of Fame in 1969 following a professional career that spanned 16 seasons. He later had his #34 jersey retired by the 49ers in 1971.

“I was deeply saddened to hear of Joe Perry’s passing earlier today,” said 49ers Owner and Co-Chairman John York. “He was a dear friend to my family and me and to the entire 49ers organization. He was also an integral part of our rich history. A truly remarkable man both on and off the field, Joe had a lasting impact on the game of football and was an inspirational man to the generations of players that followed him. Our heartfelt sympathy goes out to his wife, Donna, and his entire family. He will be sadly missed by all of us. We are honored to be able to continue to pay tribute to him through the annual Perry/Yonamine Unity Award recognizing his and fellow 49ers alumnus, Wally Yonamine’s barrier-breaking contributions to the 49ers.”

Perry played 14 seasons for the 49ers (1948-1960, ’63) and two for the Baltimore Colts (1961-62) as a fullback. He remains San Francisco’s all-time leader in rushing yards (7,344) and rushing touchdowns (50). Perry led the team in rushing on eight occasions, including seven consecutive seasons (1949-1955).

A three-time Pro Bowler (1952-54), two-time first-team All-Pro (1953-54), one-time All-AAFC (1949) and the NFL’s Most Valuable Player by UPI (1954), Perry was the first player to ever record consecutive 1,000 yard rushing seasons (1953-54). He finished his career with 9,723 rushing yards on 1,929 carries (5.0 avg.) with 71 touchdowns on the ground, while adding 2,021 receiving yards on 260 catches and 12 touchdowns through the air, in 181 games played. During his career, Perry broke the NFL record for most career rushing yards, a total that was later eclipsed by Jim Brown.

Perry was a member of “The Million Dollar Backfield,” which featured four future Hall of Famers in Perry, Hugh McElhenny, John Henry Johnson and Y.A. Tittle. For three seasons (1954-56), the four playmakers challenged opposing defenses with their formidable offensive attack. The group remains the only full-house backfield to have all four of its members enshrined in the Pro Football Hall of Fame.

The 49ers were not the only team in which Perry and McElhenny joined forces. Prior to serving in the United States Navy, Perry teamed with McElhenny at Compton Junior College, where he scored 22 touchdowns in his first season. Perry would later be discovered by 49ers tackle John Woudenberg while playing running back for the Alameda Naval Air Station Hell Cats. Woudenberg promptly notified 49ers owner Tony Morabito and head coach Buck Shaw of the special find.

In addition to being a member of the Pro Football Hall of Fame in Canton, Perry was inducted into the Bay Area Sports Hall of Fame (1986), African American Ethnic Sports Hall of Fame (2001), Edward J. DeBartolo Sr. 49ers Hall of Fame (2009) and Tartar Athletics Hall of Fame (2011). With deep ties to the 49ers organization, Perry was a regular attendee at the Pro Football Hall of Fame enshrinement ceremonies in Canton, alongside 49ers ownership and former players.

In 2007, the 49ers established the Perry/Yonamine Unity Award to celebrate the team’s 65-year history of exemplifying the power of teamwork to accomplish goals. The 49ers honor an exceptional non-profit agency, youth football coach and a current 49ers player who has demonstrated a commitment to promoting unity and giving back to the local community. The award is named after Perry and fellow former 49er Wally Yonamine – two individuals who demonstrated the power of unity to make a difference on the field and in the community.  The winner in each category receives a $ 10,000 grant award that will be donated to their represented organization.

A native of Stephens, Arkansas, Fletcher “Joe” Perry was born on January 22, 1927. He is survived by his wife, Donna; children, Jon Perry, Joanne Frazier, Denise Simmons, Karen Perry; stepdaughter, Gabrielle Vasseur; and numerous grandchildren and great grandchildren.

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San Francisco 49ers : News

49ers Hold Competitive Pro Day

Some knew what they were getting themselves into. Others assumed it would be a standard pro day workout – run a couple 40-yard dashes, get tested in a few movement tests, then participate in positional drills.

Sure, all of that happened, but there were additional elements to Wednesday’s local pro day at 49ers headquarters, mainly a competitive circuit drill that pitted like players against one another.

Competition was a theme of the day and will remain a hallmark of every other workout on the team’s practice fields under new head coach Jim Harbaugh.

“There will be competitive aspects to every practice that we have,” Harbaugh said after the two-hour workout. “We just never want to go on the practice field if we’re not competing in some way. We’ll find some way to get that done.”

Harbaugh’s 15 former Stanford players expected the pro day to take a competitive tone and with each opportunity, the players relished their chance to impress their former coach once more.

“I knew what to expect just being with Harbaugh,” said Stanford nose tackle Sione Fua. “I knew there was going to be some kind of competitive drills… Low and behold when we got here, we heard about the competitive circuits.”

Once the testing portion of the pro day wrapped, Harbaugh gathered the 50 players in attendance for a brief talk before dispersing them into four groups of similar sized players.

Perhaps the most notable one-on-one matchup in the circuit was 5-foot-10, 210-pound Cal running back Shane Vereen paired up with 6-foot-0, 219-pound Nebraska running back Roy Helu Jr.

Both are considered to be mid-round prospects and both impressed Harbaugh with the effort they displayed.

“I absolutely loved it,” Harbaugh said with a big smile. “Both Shane and Roy, those guys are highly thought of running backs.

“For them to come out here and compete… that got me fired up. I was really impressed with that. Both those guys were very even in the drills they were doing. I think we’re going to have to go to the tape to see who won.”

Both Vereen and Helu Jr.’s willingness to compete in movement drills surely left a strong impression on the new 49ers coach.

But Harbaugh wasn’t solely focused on the running backs. He spent time all over the practice fields, from snapping the ball to the quarterbacks to encouraging players throughout the day. His voice clearly resonated.

The 49ers new coaching staff followed suit by displaying a lot of passion as evidence by new linebacker coach Jim Leavitt’s voice becoming hoarse by the end of the workout.

All the players fed off the coaching staff’s energy.

“You could tell they have a lot of passion for the game and enjoy being out here,” Vereen said. “It added to the excitement.”

From the moment the workout started it became abundantly clear – Harbaugh’s excitement level for football was at an all-time high.

“It felt really good to be out here,” he said. “I don’t know if the players had more fun than me, I doubt it.”

Harbaugh said the team was blessed to have so many talented players competing at the pro day and that he could see some of the participants as future 49ers.

However, those players don’t necessarily have to be drafted.

General Manger Trent Baalke pointed out how the pro day benefits the 49ers in evaluating potential undrafted free agents.

“A lot of these guys haven’t had the opportunity to be seen and they are from our local area,” he said. “It’s a chance for them to come to the 49ers facility and show us what they can do in a competitive environment.

“Each year, we find one or two guys or more that are worth a strong look in free agency.”

An example of a player who hasn’t received a ton of attention in the pre-draft process is San Rafael High School product Winston Venable, who played the past two seasons at Boise State.

Without an invitation to the NFL Scouting Combine, the 5-foot-11, 212-pound safety had the 49ers pro day circled as a great way to impress NFL coaches.

“It’s real important just to be seen up front by these coaches,” Venable said. “To be able to have the coach’s eyes on you, not watching film, but physically there, I think was important.”

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San Francisco 49ers : News

49ers Support Kids in the Kitchen

On Wednesday, the 49ers partnered with the Junior League of Palo Alto Mid-Peninsula for a Kids in the Kitchen event to demonstrate the importance of healthy eating and physical fitness for students at the 49ers Academy located in East Palo Alto.

Jenna and Mara York, daughters of team owners Denise and John York, along with 49ers alumni Dennis Brown, Greg Clark and Guy McIntyre spent their afternoon demonstrating healthy eating habits and assisting with a youth football camp for the nearly 200 youth in attendance.

“Part of our mission is to help youth understand the need for living a healthy lifestyle and being active for at least 60 minutes a day, as part of the NFL’s Play60 program,” said 49ers Director of Community Relations and 49ers Foundation Joanne Pasternack. “Kids in the Kitchen is a great way to show youth how to not only be health conscious but also to provide them with physical activities they can do daily.”

The event started with cooking and tasting classes for students in Kindergarten through fifth grade hosted by the Yorks. It was followed by the 49ers Junior Gatorade Camp in the Academy’s multipurpose room which included events ranging from football drills hosted by the alumni, to freeze dance with the Gold Rush cheerleaders to hula-hooping. Sourdough Sam also made a special appearance to support the youth in their efforts to be active and live a healthy lifestyle.

McIntyre expressed the importance of the 49ers hosting an event like this to help change the habits of the kids in order to stay healthy and active.

“This is all part of a healthy lifestyle,” he explained. “If they can get out and run around for 60 minutes and run around for awhile, they can use up some of that excess energy and burn up some of that sugar that they’re eating. They can become a more rounded and healthier individual.”

Following the football drills, the parents filed into the multipurpose room and were given a cooking demonstration by Chef Marco Fossati from the Four Seasons East Palo Alto. With the display, the parents were able to take what they learned throughout the day about healthy eating and implement it into their everyday lives. Chef Fossati even showed the group how to make pasta sauce in a nutritious way.

The goal of the Kids in the Kitchen initiative, which is supported by The Association of Junior Leagues International Inc. and its member Leagues, is to empower youth to make healthy lifestyle choices and help reverse the growth of childhood obesity and its associated health issues.

“Maintaining an active, healthy lifestyle is extremely important for today’s youth,” said Stefanie Bruggeman, president, Junior League of Palo Alto•Mid-Peninsula. “By partnering with the San Francisco 49ers, the Junior League is able to further promote the development, confidence and growth of these children through healthy eating and cooking, as well as physical fitness.”

The event hosted approximately 200 youth from both the 49ers Academy and Costano Elementary School, which shares the campus and mission of the 49ers Academy. The 49ers Academy was founded in 1996 to serve sixth, seventh and eighth grade students from East Palo Alto. Defined by educational excellence, the 49ers Academy maximizes the potential of every student by emphasizing self-discipline, respect, and individualized academic attention to help them master core subjects and prepare for high school.

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San Francisco 49ers : News

The Significance of Seven

Historically, the 49ers have done well when selecting seventh in the NFL Draft. Barring a trade, April 28th will be the fifth time that the 49ers will make the seventh overall pick since 1950. And if the team’s good fortune continues with lucky No. 7, chances are another impact player will soon be added to the roster.

The No. 7 club includes tight ends Ted Kwalick (1969) and Ken MacAfee (1978), defensive tackle Bryant Young (1994) and defensive end Andre Carter (2001). The group made seven Pro Bowl appearances, totaled 121.5 sacks, 210 receptions, 26 touchdown catches and has one Super Bowl victory to its credit.

Only Young played his entire career for the 49ers. But each player made significant contributions to the team as well, just not as notable as the team’s first pick of 1994.

The first 49er taken seventh overall was Kwalick, a 6-foot-4, 225-pound tight end out of Penn State, who quickly became one of the franchise’s most productive tight ends.

Kwalick made three Pro Bowl appearances in his six-year career with the 49ers. He also established the franchise’s single-season record for touchdown catches by a tight end when he caught nine in 1972. Brent Jones equaled the record in 1994 and current tight end Vernon Davis later obliterated the mark by catching 13 touchdown passes in 2009. For his career with the 49ers, Kwalick caught 164 passes for 2,555 yards and 23 touchdowns. He finished his career with the Oakland Raiders from 1975-1977.

In 1978, the 49ers chose another tight end with the seventh overall pick, this time it was Notre Dame’s three-time All-American, Ken MacAfee. The 1978 Walter Camp Award winner started every game in his first two seasons with the 49ers, catching 46 passes and three touchdowns.

But in Bill Walsh’s second year as 49ers head coach, MacAfee was asked to play guard on the offensive line. Instead of making the change, MacAfee left the team in favor of dental school. MacAfee’s rights were later traded to the Minnesota Vikings. He never played in another NFL game.

The 49ers fared much better choosing seventh overall the next time around, it happened to be another Notre Dame alum.

In 1994, the 49ers moved up eight spots in the first round, threw in two more picks and selected a dominant defensive tackle named Bryant Young. Young’s selection would soon pay dividends and eventually go down as one of the greatest draft-day trades in franchise history. He played all 14 of his professional seasons with the 49ers and made four Pro Bowl appearances. Young was an instrumental performer on the Super Bowl XXIX-winning 49ers team where he started all 16 games as a rookie. The second-team all-decade selection of the 1990s totaled 89.5 career sacks with the 49ers, ranking him third all-time in team history. In January, Young was hired to coach the defensive line at the University of Florida.

Exactly one decade ago was the last time the 49ers selected seventh. And just like with Young, it required a trade to get there.

The 49ers moved up two slots to take California defensive end Andre Carter in 2001 where he totaled 25.5 sacks in his first three seasons with the team. Carter left San Francisco as a free agent in 2006, but finished his 49ers career with 154 tackles, 32 sacks and 12 pass deflections in 69 games. Carter was released earlier in the offseason by the Washington Redskins. In 10 seasons, he has totaled 442 tackles and 66.0 sacks.

Though the 49ers have had success with the seventh overall pick, the same can’t always be said for teams choosing in that slot over the past decade.

Since Carter was taken in 2001, only three players chosen in the seventh slot have made it to the Pro Bowl: Minnesota Vikings running back Adrian Peterson (2007), Dallas Cowboys wide receiver Roy Williams (2004) and Vikings left tackle Byrant McKinnie (2002).

Hoping to buck the recent trend of unlucky No. 7 selections, the 49ers will look to re-establish their successful ways when choosing seventh at the end of next week.

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San Francisco 49ers : News

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