NFL Labor Deal Is More Uncertain

Upshaw's Death Muddles Outlook

Both sides of the NFL's labor relations aisle awoke yesterday to an even more uncertain future.

They had a day to come to grips with the shocking death of longtime players' union chief Gene Upshaw on Wednesday night at his home in California. Upshaw died three days after he went to a nearby hospital for tests and later it was determined that he had an aggressive form of pancreatic cancer.

Those in the sport continued to express their surprise and deep sadness yesterday, but some thoughts had begun to turn to a labor situation that had been bordering on ominous and suddenly has turned threatening.

The players on the union's ruling executive board moved quickly Thursday to fill the leadership void, deciding in a midday conference call to elevate general counsel Richard Berthelsen to interim executive director. It was a move toward continuity and stability for the union.

Berthelsen was Upshaw's longtime top lieutenant. He has a wealth of experience at the league's bargaining table, and relatively little would change in the dynamics of the NFL's current labor negotiations if Berthelsen were to remain in charge.

"We know what to expect from Richard Berthelsen," the owner of one NFL team said yesterday, speaking on the condition of anonymity because he indicated he was not authorized to comment publicly for his side on such matters. "He's more than capable. What we don't know is how long he'll be in charge. What are the players going to do? We have no idea because I don't think the players have any idea, and the clock is ticking."

The owners voted in May to exercise a re-opener clause in the labor deal ratified in 2006, negotiated primarily on the players' side by Upshaw, Berthelsen and outside counsel Jeffrey Kessler. The owners' vote terminated the deal two years early. It made the 2010 season the final one in the deal, and the 2009 season the final one with a salary cap. Upshaw had said regularly in recent months that he expected the owners to consider a lockout of the players in 2011.

These negotiations already figured to be difficult. Several owners have criticized the 2006 deal, which gave the players an average of 60 percent of total league revenue under the salary cap system, as overly generous to the union. The settlement was approved by a 30-2 vote of the owners in 2006, but sentiment has changed dramatically since, and the owners as a group appear steeled for a tougher fight. Upshaw had said repeatedly the players would not agree to any givebacks in this set of labor talks.

The talk was tough, but there also was a certain comfort for everyone in the sport because of the presence of Upshaw. He proved that avoiding labor strife was a priority for him.

In an interview at the beginning of training camp, Green Bay Packers President Mark Murphy, once a top players' association official, said of the current labor situation: "I think we're all hopeful that this will lead to a resolution of the collective bargaining agreement. I'm hopeful that the commissioner and Gene can work this out."

That same comfort level probably would exist with Berthelsen running the union. But some players had pushed earlier this year for Upshaw's ouster, and sentiment had remained strong among some players that Upshaw's eventual successor should have been identified by next spring.

Several players have said since Upshaw's death they expect the union to begin a search soon for a more permanent successor to Upshaw, leading up to a possible vote by the players at their annual meetings in March. It's not clear if Berthelsen will be among a group of candidates some players said will include former players Troy Vincent, Trace Armstrong and Robert Smith.

"It's a very difficult time," said New York Giants veteran defensive end Renaldo Wynn, a former union representative. "We all knew this was going to be a tough negotiation. I don't think anyone knows what will happen now. There are some decisions to be made on our side."

Upshaw is to be honored with a moment of silence at each NFL preseason game this weekend.