European Stars And Stripes (Newspaper) - September 26, 1987, Darmstadt, Hesse                                Saturday september 26,1987 the stars and stripes Page 23 commentary free Agency right that got away free Agency. It s the Issue thai led in the Sec Ond nil Serif cd in five wars i s also a Freedom the players had handed to them by a court Only a give it Back in negotiations. There were a half dozen unresolved issues on the bargaining table like drug testing guaranteed con tracts pensions and such. But tree Agency that s the rub. One owner Laid the dispute could be settled in an hour. If they would just come Oft free  the Union however was Noi prepared to do thai. This is a strike not Over Money but Over dignity said Gene Upshaw executive director of the players association. Upshaw s argument was that in America a Man should have Freedom of Choice and the right to de cide where he will work. The irony is that nil players once had that right. They won it in Federal court and Ilien had it endorsed by App Elaie rulings. Ten years ago. However they bargained it away. The history of free Agency in the nil follows a twisted Trail that once required the teams involved in a transaction to set compensation by themselves. If no agreement could be reached. Commissioner Pete Rozelle was designated to Settle the dispute. The players railed against the Rozelle Rule and in 1972 John Mackey. Voted the Best Light end in nil history filed suit against it. Mackey was president of the fledgling nil players association and was not amused by the paternalistic system. It took three years for the Case to go to trial and Mackey was out of the game when judge Earl Lar son silting in the . District court in Minnesota held thai Trie Rozelle Rule and indeed any compensation system or restriction of free Agency were Ille Gal under antitrust and labor Law. Football remember docs not enjoy the exemption from that legislation that was granted to baseball in 1922. Armed with judge Larson s opinion the Union filed a class action suit in March of 1976 to win Relief on behalf of Kermit Alexander find other play ers damaged under the previous restriction. Mean while the nil appealed the decision and on oct. 18, 176, the United states court of appeals upheld most of judge Larson s opinion but also ruled that the compensation Issue ii a mandatory subject for collective bargaining. It May be some reasonable restrictions relating to player transfers Are necessary for the successful operation of the nil the court said. The Protection of Mutual interests of both the Playan and Iho clubs May indeed require this. We encourage the parties to resolve this question through collective bargaining. The parties arc far better situated to agreeably re solve what rules governing player transfers Are Best suited for their  than Are the  so collectively they bargained. The league and Union had been without a contract for three years but by March of 1977, five months after the appeals court s ruling the parties reached an agreement. Part of the Deal was a Lump sum $13,750.000 payoff to Settle the Alexander class action suit. There were improvements in pensions insurance and Post season pay and the Loti package carried a pric tag of approximately $107 million. For their Money the owners got an agreement on the College draft which the Union had challenged on other occasions and perhaps most significantly a revamped free agent arrangement. The new agreement erased the controversial option clause from contracts and substituted for in a right of first refusal and compensation scale for free agonis. We gel stability and the elements of a new sys tem that enables us to operate said Wellington Mara owner of the new York giants and then chairman of the nil management Council negotiating team. It should be noted that Al the same Lime As fool Ball was negotiating its Deal baseball was getting its first taste or the free agent marketplace and the resulting sudden salary Structure spiral. In is Safe to say the baseball experience did not escape the attention of the football Community. When the 1977 nil collective bargaining agreement was submitted to judge Larson for approval a splinter group of players most of them rep resented by a genl Howard Slusher objected in he contract and filed still another suit. The Federal court of appeals rejected the complaint but in ils opinion noted while sum Freedom of movement after playing out a contract is in order Complete Freedom of movement would re sult in the Best franchises acquiring most at the lop players. Some leveling and balancing rules appear necessary to keep various teams on a competitive basis without which Public interest quickly  so the compensation system agreed to by players and management had Al least tacit approval of two Federal court opinions and was put into place. For a High priced free agent to move his new team would have to pay draft Choice compensation to his former dub. Almost immediately there were problems. De Garvey Cue Culive director of the Union argued that the draft Choice compensation was a one time Only arrangement and that a player reach ing free Agency a second time would not be bound by the Rule. The owners said the system applied to every free agent situation. Within a year is racy was complaining loudly that the system was no working because nobody was bidding for free agents when we negotiated the agreement we knew the superstars were going to gel caught Garvey . We designed he system for the average player but players with average salaries Are no getting offers. If it s not helping them and it s not helping the superstars who is it helping management he said. The compensation numbers were revised in 19r2. When players struck for 57 Days. Now a player who signs for More than 1390,000 a year costs his new team two first round draft choices. The rules to Over have rarely been invoked. In the decade since the compensation system was put in place Only one player Journeyman defensive Back Norm Thomp son managed to move from one team to another. That is Why picket lines went up around nil training Camps last week. Tim Keg id pm pickets from Page 21 the picket line to play with the replacements was egged along with a  carrying free agent players. It s All in fun right asked Gastimeau before he was attacked by the eggs. Hey i understand them. If i did l feel the Way Racli i d be throwing eggs too. They re Nice Guys. Non Union a Lavers reported to All 28 teams except the Minnesota Vikings who Wilt conduct tryout Camps this weekend in Memphis Tenn. Vikings general manager mile Lynn said he wailed until sunday s fames were officially called off thurs Day before signing substitute players. He said he had not wanted 10 jeopardise the momentum of the team s 2-0 Shari by calling in a strike team. While most of the replacement players Are unknown to most pro football fans perhaps a familiar one was Charles Gladman who had to skip his final year of eligibility at the University of Pittsburgh this season because of alleged dealings with an agent Gladman ignored in a special supplemental draft joined the Tampa Bay buccaneers replacement squad. Things were Calm at he Washington redskins facility in hem Don va., where two windows were smashed wednesday on a bus carrying replacement players. After the incident team officials obtained a temporary injunction prohibiting players from impeding free agents trying to Cross the picket line. At most of the training Sites problems were avoided As management slipped the replacement players put trouble by either sneaking them in through Back gales or getting them to the practice Fields before picket lines were in place. However Al Berea Ohio where the give land Browns train striking members of the team wailed outside a Moid where the non Union players boarded buses. We were Able to say a few Choice words before they boarded said Mike Pacl. The Browns spokesman for the players Union. We were very verbal bul very Pas  scuffle at strike site Kansas City chief Len Bueker Dino hark Cut lug on the shirt of teammate Jack Detrejo during a Battle be to net it lilo and of kit Chi Ori Taylor on Folium Dcarlo Allein Penl to Stop Taylor from bringing a player across the picket line. Fans angered by nil strike by Ihu associated press anger apathy disappointment and very Little inter est in replacement players were expressed thursday by fans because of the strike that has forced cancellation of it least one nil weekend. I think the strike Slinks because ii Jen Are doing Good said accountant Karen Ferriero of he Lille , the Oiher thing in Means is Hal i can i take part in any football pools Al work and win Money. Last week someone beat me out by just one game. I had 10 winners and they had 11." i think the fans arc being held hostage t won t pay to see scabs Dave while of san Francisco said. I d be interested in he first game to see How they look. Bui Over the Long haul they won t get too much of my  Anglo Karagas a Denver restaurant owner also expressed disgust for the replacement players that nil owners plan to use Starling oct. 4. I won t watch the yellow dogs play but i Hen i Only watch the Broncos play occasionally Kargas said. The worst part of it is it will be tougher to get on the Golf course on sunday afternoon. It was always easy when the Broncos were  Denver bartender Jim Brown said he does t care if the strike lasts a Long time. The owners and players arc both Crooks Brown said. Let them slay out and i la watch College  some longtime Union members were disgusted with the handful of regular nil players who decided to continue playing. Maurice Oden of Dallas an unemployed construction worker who identified himself As a member of local 4si of the Iron workers Union a is disappointed by cowboys Randy White and Don Svrek. Who crossed the picket line. They arc out for themselves. They Don t cart anything for the other Playan. I be always been a Cowboy fun. But i could never Root for those Guys again Oden said