April 22, 2015 - Joel Corry
Participation Is Voluntary
Voluntary offseason workout programs for teams that did not hire a new head coach can begin on the third Monday in April, which is April 20 this year. Teams with a new head coach were allowed to start two weeks earlier on April 6. Players who are franchised, such as Dez Bryant, Justin Houston and Demaryius Thomas, and restricted free agents, like Tashaun Gipson, are prohibited from participating in off-season team activities without signing an NFL player contract. There is another way for these types of players to participate through an obscure provision (Article 21, Section 9) of the NFL Collective Bargaining Agreement (CBA). Players who received a tender but haven’t signed an NFL contract and unrestricted free agents whose contracts expired can engage in offseason workouts and minicamps with their previous team while retaining the free agency rights they already have. In order to participate, these players must sign an agreement that contains the standard language the NFL and NFLPA came up with in 2012, which has been incorporated into Article 21, Section 9 of the 2011 CBA as Appendix Q. Appendix Q protects players in case they are injured while participating in team activities during the off-season. In the case of an injury, a player will receive as a one year salary the greater of his required tender, his applicable minimum salary or the amount negotiated by the player and the team. Participation by a player is voluntarily under this provision so he can withdraw at any time with impunity. In Gipson’s case, his 2015 salary would be $2.356 million with an injury, his restricted free agent tender, since it’s unlikely that the Cleveland Browns would agree to a greater amount in order to get him to participate. A main benefit to signing a participation agreement instead of an NFL contract is that a player will preserve his option of holding out without subjecting himself to penalties. For example, if Gipson boycotted a mandatory three day minicamp because of a lack of progress on a long term deal after signing his restricted free agent tender, the Browns would have the right to fine him $12,155 for the first day he missed minicamp, $24,300 for a second missed day and $36,465 if he missed a third day ($72,920 total for missing minicamp). If Gipson continued his boycott into training camp, the Browns could fine him $30,000 for each day he missed. These fines can’t occur when players are operating under participation agreements and they can only partake in training camp if they have signed an NFL contract. Participation agreements have been rarely utilized by players receiving a franchise tender. Tennessee Titans safety Michael Griffin signed one in 2012 so he could be a part of the off-season program. The Titans rewarded his approach by signing him a five-year, $35 million contract (with $15 million in guarantees) about a month before training camp started. The player least likely to use this option as a gesture of good faith is Houston. The Chiefs shouldn’t expect to see Houston during the off-season unless he has signed a long term deal. The 2011 third round pick skipped off-season activities in 2014 and forfeited a $25,000 workout bonus in a contract dispute with the Chiefs. Houston reported to training camp despite his unhappiness with his salary because he lacked leverage to continue his holdout. He wouldn’t have gotten a year of service towards free agency without reporting to the Chiefs at least 30 days prior to their first regular season game. Missing the August 5 deadline in 2014 and playing out his rookie deal would have made Houston a restricted free agent this year. Follow me on twitter: @corryjoel Email me: firstname.lastname@example.org Joel Corry is a former sports agent who helped found Premier Sports & Entertainment, a sports management firm that represents professional athletes and coaches. Prior to his tenure at Premier, Joel worked for Management Plus Enterprises, which represented Shaquille O’Neal, Hakeem Olajuwon and Ronnie Lott.