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Gene Upshaw: A Lasting Presence

Andrew Brandt

Bookmark and Share Print This Send This August 21, 2008, 10:51 AM EST
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Stunning news this morning that Gene Upshaw, the head of the NFL Players Association has died at the age of 63.  There were no reports of his illness – which has now been reported as pancreatic cancer – and thus the stop-in-your-tracks nature of the story.

Gene has been a voice and presence for NFL players for decades.  He was a seminal presence in the labor history of the NFL.   He has been criticized for his cozy relationship with former Commissioner Tagliabue and the fact that NFL players do not have guaranteed contracts.  That said, free agency in the NFL would not exist but for Gene Upshaw.  More importantly, the present collective bargaining agreement that we are living under today has been the source of constant complaint and dissatisfaction by the owners, a testament to the job Gene did.

This deal, negotiated by Upshaw and his staff in March of 2006, is the best deal NFL players have ever had.  They receive 59.5% of Total Football Revenues (TFR), not the Designated Gross Revenues (DGR) that were calculated under the previous agreement.  DGR primarily included broadcast and ticket revenue; TFR includes all football revenues.  This change of acronyms has brought NFL players tremendous wealth compared to where they once were.

The last time I saw Gene in Green Bay he sat in my office at Lambeau Field and noticed all the activity in the Atrium below us – stadium tours, Pro Shop business, Hall of Fame tours, restaurants, and so on – and shook his head.  These were revenues that the players should be getting, he said with some purpose.  He also used our public financial records – the only team required to show its assets and liabilities is the smallest market in football by a long shot – to the union’s benefit.  I explained that the Packers are a unique team with an exceptional fan base, but he used what he needed to use.

The ink was barely dry on the March 2006 deal when owners were already complaining about it.  The voices in the wilderness that dissented from the vote – Ralph Wilson of the Bills and Mike Brown of the Bengals – started to make sense to the other owners.

On that deal, Gene appeared to do a masterful job of having a deadline that moved a couple of times and then became hard as he boarded a flight to Hawaii for the NFLPA meetings.  With the ongoing revenue-sharing issue taking much of the attention of the owners at that meeting in Dallas, the deal with the NFLPA slid through without the necessary attention it needed.  When I asked our president, Bob Harlan, about the meeting, he said the player side of things was barely discussed.  Masterful, I thought, on the part of Upshaw.

NFL players do not receive the salaries or the guarantees of MLB or the NBA.  That is undisputed.  They also risk more bodily harm.  However, there are far, far more of them than in those other two sports and they play a fraction of the games.  There are arguments back and forth on this, but NFL players are paid as well as they have ever been due to Gene.

There will be plenty of intrigue about who will lead the union in this important time.  Even with the knowledge of his grave disease, Gene had stoically promised that he would be that person.  That bravado and presence, as everything about Gene, will be missed.  Rest in peace, my friend.

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Terry in San Antonio
Aug 21, 2008
03:08 PM

In my opinion, Gene Upshaw was very much responsible for the NFL's current position as "America's Pastime". This is coming from a die-hard baseball fan. The NFL is THE premier sport in the USA now and Gene Upshaw deserves much of the credit for that. The game will not be the same without him.

Andrew Brandt
Aug 21, 2008
03:47 PM
Andrew Brandt

Terry--
Well-said and true.
Andrew

Al's Wingman
Aug 21, 2008
03:51 PM

Yesterday I left a tongue in cheek comment about the NFLPA and mentioned Gene. That was purely coincidental that he died the next day. Honestly, I think Gene wielded a little too much power and much of it derived from the groundwork Al Davis had laid down as a result of his many lawsuits against the NFL in the 70's. Anorther coincidence that Gene was a Raider? That is most certainly not a coincidence. In any case, RIP Gene. It will be interesting to see who will fill his shoes or try to.

BigJohn
Aug 21, 2008
09:07 PM

Very interesting anecdote about Upshaw coveting on behalf of the players a piece the relatively new Lambeau stadium revenue sources associated with the atrium development.

If the Lambeau tax vote were taken today, it would be defeated overwhelmingly, in part because of the Packers' disgraceful treatment of arguably the most revered player in NFL history.

May Mr. Upshaw be remembered for championing the rights of NFL players, many of whom gave their hearts and souls to the game and are now suffering the physical effects. I believe there was a post on this web site the other day by Herb Adderly drawing attention to this issue.

Bob
Aug 22, 2008
07:21 AM

While many may bemoan the fact Gene didn't get players guaranteed salaries, like the NBA and MLB, they should realize that's why the NFL is financially strong, and has 32 relevant teams.

The other two leagues generally end up with 5-6 teams out of their groups that can afford to be relevant. Deep pocketed owners can try and buy their championships.

I don't think that GB, Pittsburgh, Buffalo, Minnesota and New Orleans even have teams if the league guaranteed contracts. But Dallas would be good every year.

Gene may not have got them guaranteed contracts, but he did get them over 3.2 BILLION in salary cap money this year.

Andrew Brandt
Aug 22, 2008
07:27 AM
Andrew Brandt

Bob-
Well-said. Thanks for the comment.
Andrew

Tom McLaughlin
Aug 22, 2008
02:21 PM

Big John, all things being equal, the tax vote would go through the same way. Politicians are going to be more sensitive to the prospect of more jobs for the state of Wisconsin, regardless of Brett Favre. Brett Favre isn't going to pay their taxes or lower their property taxes or manage sales tax revenue that they have to pay. You can call it the house that Favre built. I'll call it the house that Harlan, Wolf, Holmgren, White,Favre, and oh yes - Brandt built.

Tom McLaughlin
Aug 22, 2008
02:41 PM

Andrew:

Prayers to Gene Upshaw's family.
Football in general lost a leader.
************
The concept of Upshaw sitting there and claiming a share of the pie for Atrium restaurant and tour revenue is illuminating. The players in my opinion are not entitled to that revenue. It doesn't suprise me that they would want it but should never get it.

I fear for the next agreement if there is no salary cap. The NFL could end up like the English Premier League with Four super clubs and then clubs that either huddle around the middle or fight to avoid the bottom. All of this despite TV earnings shared equally. And that TV revenue dwarfs the NFL. It's all in the marketing.

The Packer organization needs to maximize all revenue possibilities beyond the TFR. Otherwise the best they will do is punch above their weight on a year to year basis

10-s Partner
Aug 22, 2008
11:15 PM

Mr. Brandt, more recently there appeared to be more players (really ex players) who were critical of him. My question is who are the top 3 people that you believe will take his place as the head of the union?

Tom McLaughlin
Aug 23, 2008
09:45 PM

Read Michael Silver's column today.
Silver goes against the grain on Gene Upshaw but makes important points.

BigJohn
Aug 26, 2008
02:01 AM

Tom:

Re: your comment on the result of the Lambeau tax vote result being the same today as when taken.

I was talking about the referendum passed by the voters whereby a tax was levied to finance construction of the Lambeau atrium addition. If the referendum were held now, there is zero chance that it would pass. The disgraceful treatment of Favre by the Packers organization has alienated at least half the fan base.

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