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May 19, 2008
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Upshaw Expects NFL Owners To Opt Out Of CBA As Early As Tuesday

Upshaw Says NFL Owners Could Choose To
Opt Out Of Current CBA As Early As This Week
NFLPA Exec Dir Gene Upshaw Friday said that he "expected the owners to opt out" of the CBA after their meeting tomorrow in Atlanta, according to Judy Battista of the N.Y. TIMES. If the NFL and NFLPA do not reach a new agreement, the current CBA will expire after the 2010 season, and the '09 season "will be the last played with a salary cap." If an uncapped season is played, NFL players "will have to wait six years -- instead of four -- to become free agents" (N.Y. TIMES, 5/17). An NFL management source said there was a "high likelihood" that the owners will opt out of the agreement. ESPN's Chris Mortensen noted the opt-out will "trigger a number of alternatives, including a potential work stoppage by 2011." Additionally, the "orderly selection of college players in the annual draft would not exist after 2011" (ESPN.com, 5/17).

LOSING MONEY? Sources said that the league may opt out of the deal earlier than the expected November 8 date because it is "concerned about the potential distraction of taking that action once the regular season begins." SPORTSBUSINESS JOURNAL's Kaplan & Mullen report when the NFL and NFLPA met on May 8 to discuss the CBA, the two sides "could not even agree to an exchange of financial documents." The NFLPA wants "audited financial statements" from NFL clubs, and sources said that the league "offered the union unspecified financial information on the condition they could not ask for more information, and the union declined those terms." Upshaw indicated that Panthers Owner Jerry Richardson and Broncos Owner Pat Bowlen during the meeting said that their teams "were losing money." Kaplan & Mullen write for the Panthers and Broncos to "claim losses is a bit of a surprise given that they are generally thought to be in the top half of NFL teams financially." The Broncos declined to comment, and the Panthers did not return calls seeking comment (SPORTSBUSINESS JOURNAL, 5/19 issue). Upshaw said of NFL owners, "In their mind, a loss means they didn't make as much (money) as they thought they were going to make" (ESPN.com, 5/17).

ROGER TO THE RESCUE? PROFOOTBALLTALK.com's Mike Florio cited a source who reported NFL Commissioner Roger Goodell is "trying to persuade NFL owners not" to opt out of the CBA. Goodell "wants the league and the union to negotiate an extension of the CBA without declaring an intention to kill the deal two years early, in order to avoid the potentially negative press arising from such a decision" (PROFOOTBALLTALK.com, 5/17). However, SI.com's Peter King writes, "Whether the owners opt out of the current bargaining now or wait 'til later in the year is irrelevant. The deal is going down" (SI.com, 5/19).

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