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this is a discussion within the Saints Community Forum; More insight for all those flaming on either Brees or the Saints organization: The NFL Players Association's interpretation of language in the Collective Bargaining Agreement could give New Orleans Saints quarterback Drew Brees considerable leverage in talks towards a long-term ...
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05-26-2012, 10:10 AM | #1 |
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CBA language could give Drew Brees contract leverage
More insight for all those flaming on either Brees or the Saints organization:
The NFL Players Association's interpretation of language in the Collective Bargaining Agreement could give New Orleans Saints quarterback Drew Brees considerable leverage in talks towards a long-term extension, according to Jason Cole of Yahoo! Sports. That's where the interpretation of two sections of Article 10 in the CBA come into play. Section 1 reads that "Except as set forth in Section 9 below, each Club shall be permitted to designate one of its players who would otherwise be an Unrestricted Free Agent as a Franchise Player each season during the term of this Agreement.". Meanwhile, Section 2(b) of the 2011 CBA reads "Any Club that designates a player as a Franchise Player for the third time shall, on the date the third such designation is made, be deemed to have tendered the player a one-year NFL Player Contract for the greater of: (A) the average of the five largest Prior Year Salaries for players at the position (within the categories set forth in Section 7(a) below) with the highest such average; (B) 120% of the average of the five largest Prior Year Salaries for players at the position (within the categories set forth in Section 7(a) below) at which the player participated in the most plays during the prior League Year; or (C) 144% of his Prior Year Salary." The Saints would consider 2013 as the second time they will have designated Brees as their franchise player, which would require a tender worth 120 percent of his previous year's salary, or $19.645 million. Cole adds that the Saints have been using that interpretation of the CBA and franchise tag formula in their negotiations with Brees. Since Brees played the 2005 season under the franchise tag while a member of the San Diego Chargers, his agent, Tom Condon of CAA Football, and the NFLPA would argue that 2013 would be the third time in his career where Brees will have been designated a franchise player, and therefore requires a tender at 144 percent of his previous year's salary, or $23.574 million. Either way, both sides acknowledge that Brees is under the Saints' control for the next two seasons and are trying to gain leverage. Under the NFLPA's interpretation of the CBA language, Brees' camp would currently be looking to negotiate off a two-year guaranteed floor of $39.945 million (the cost of both franchise tenders under their formula) and a clear path to free agency in 2014, while the Saints' formula puts the two-year tender amount at $36.016 million while retaining the possibility of a "third tender" (worth a jaw-dropping $28.289 million) in 2014. I'm not a lawyer, so take this for what it's worth, but my interpretation of the language in the CBA is that a team can designate one of its unrestricted free agents as a Franchise Player three times. So on that issue, I think the Saints are correct. That said, it's ridiculous that the Brees negotiations have dragged on for this long. In 95 regular season games since arriving in New Orleans in 2006, Brees has passed for 28,394 yards with 201 touchdowns and 93 interceptions. The Saints have won 62 of those 95 starts and are 5-3 in eight playoff games, including a win in the franchise's first and only Super Bowl appearance. Brees hasn't missed a game due to injury, he's an active and valuable member of the community and, after turning 33 in January, is the same age New England Patriots quarterback Tom Brady was when he signed a four-year, $72-million contract in 2010. CBA language could give Drew Brees contract leverage - NFL.com IMO this delay is more about Tom Condon than Brees or the Saints or football. |
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05-27-2012, 05:34 AM | #2 |
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Yahoo! Sports: Saints QB Drew Brees' contract efforts could be aided by language in CBA
Saints QB Drew Brees' contract efforts could be aided by language in CBA - Yahoo! Sports |
05-27-2012, 01:32 PM | #3 |
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Originally Posted by saintsfan1976
I agree this sentence would need clarification from the NFLPA. It doesn't specify that the condition is the player being tagged 3 times by the same team, just that he's tagged 3 times. |
05-27-2012, 01:48 PM | #4 |
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Is this the first player to get franchised by different teams? I doubt it. Whichever formula they have been using in the past is the correct formula. This looks more like an act of desperation on Condon's part because I believe Loomis is done haggling. There is no way anybody is going to get the upper hand on him.
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05-27-2012, 06:25 PM | #5 |
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Originally Posted by Beastmode
The formula from the past became obsolete with the new CBA, that's the problem: there would need to be some clarification as to what was meant in that sentence, if the franchise tags from before the new CBA still apply, if it was meant a team franchising the same player 3 times, or just the player being franchised 3 times, etc.
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05-27-2012, 06:36 PM | #6 |
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If the Saints don't sign him, the Saints might win 7 games. When they sign him, they are legit Super Bowl contenders. That's all the leverage he needs.
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05-27-2012, 07:07 PM | #7 |
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You never know...entertain the thought of the Saints winning a playoff game with Chase. The following year they could focus on upgrading some key positions, something that is not possible with Brees. I'm playing devil's advocate here, but if this scenario played out it might not be all that bad. How much longer can Brees play at his current level? A few years maybe. Chase is 26. Can he do what Brees does? No, but with some key upgrades on defense he might not have to.
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05-27-2012, 07:51 PM | #8 |
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05-27-2012, 10:02 PM | #9 |
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I think im going to
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05-29-2012, 08:07 AM | #10 |
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Originally Posted by Tobias-Reiper
Clarification will look like this:
"Courts abide by the rule that an ambiguous contract is interpreted against the party who drafted it. In other words, the party who did not draft the contract will be given the benefit of the doubt so to speak." Interpretation of Ambiguous contracts - Interpretation of Contracts - Contracts In other words, the CBA is a contract drafted by the NFL (representing the franchise owners) and the NFLPA (representing the players). If the NFL (and owners) did not clarify the terms of a third franchise tag then the Player (Drew) is given the benefit of the doubt and that is who the court would side with. |
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CBA language could give Drew Brees contract leverage | This thread | Refback | 05-26-2012 11:10 AM | 2 |