There have been some NFL business issues cropping up that I wanted to discuss. For some, this will be dry, but for those interested, here are my thoughts on recent CBA developments, cutting players in the Uncapped Year and contracts for players in the 2010 draft.
League To End Supplemental Revenue Sharing
There has been coverage of the league deciding to end supplemental revenue sharing in 2010. Andrew Brandt has discussions of it here and here, and Mike Florio discusses it here. Both men’s views are worth reading.
Here is my take on what has happened, and what it means:
First, we are talking about supplemental revenue sharing (“SRS”), not all revenue sharing by the teams. This was the additional shared revenues implemented in connection with the 2006 labor agreement, and is on things like luxury boxes and other revenue that was previously unshared among teams, and was creating an increasing disparity between the haves and have-nots. It was a major issue at the time, so much so that the league was more focused on getting the SRS right than getting the CBA right. SRS constitutes between $100 million and $200 million per year that is transferred from high revenue teams to low revenue teams.
Second, understand that there is a cash accounting vs. accrual accounting concept at play here. Revenue sharing dollars are accrued during one season (i.e., counted as income for accounting purposes, even though cash isn't actually received) and then paid in cash the next. For example, revenue accrued in 2008 leads to a cash payment in 2009. So when the league says it isn’t going to pay 2010 SRS payments, it means it won’t be cutting a check in 2011.
The NFL and NFLPA are at odds on whether this is really what the CBA requires. The language at issue is this (Article XXIV, Section 11)
Revenue Sharing: For each season during the term of this Agreement, there shall be a program of revenue or cost sharing among the NFL Clubs which shall (a) be based on the Resolution adopted by the NFLMC on March 9, 2006 (2006 Resolution MC-1), approving this Agreement (including “qualifiers” established under Paragraph 5 of that Resolution), (b) provide for incremental revenue sharing as compared to the arrangements created by 1995 Resolution G-6, and (c) be reasonably satisfactory to the NFLPA. The revenue sharing program described to the NFLPA by memorandum dated March 10, 2006, has been determined by the NFLPA to be satisfactory. Any material modification to that program must also be reasonably satisfactory to the NFLPA.
The key question is whether the “program of revenue or cost sharing among the NFL Clubs” is the accrual of SRS, or the payment of SRS. The NFLPA will argue for accrual, while the NFL will argue for payment. This is a legal argument that will rely on precedents in this CBA as well as other things, and quite frankly, I have no ability to handicap who will win this debate. Florio suggests it is the NFL, and given his legal credentials, I would guess he is right, though historically he hasn’t been great at predicting these rulings.
In any case, here is why this all matters: the salary floor. I have argued before that the removal of the salary floor as part of the Uncapped Year is meaningless. The NFL has tried to make it a big deal, but the truth is that teams really haven’t been constrained by it – they are generally spending substantially in excess of the floor – and as a result, there isn’t any reason to believe it would materially change the overall NFL budget. There would be no reason to believe that the removal of the floor would impact cash spending at all.
However, if SRS is eliminated, that changes the math. Most businesses are run by balancing costs against projected revenues. Getting rid of SRS to be paid 2011 would force low revenue teams to balance costs against a lower revenue projection. Suddenly, there would be a reason for lower revenue teams to be more careful with their cash. Further, the higher revenue teams wouldn’t necessarily be willing to spend the SRS savings, because they know full well that SRS could continue to be part of a new CBA in 2011, and those SRS payments may wind up going back out the door.
So if the NFL prevails, this tactic removes $100 to $200 million from player spending in the Uncapped Year.
Bad Contracts Can’t Be Totally Expunged
The internet’s best source of salary cap information is a guy who posts under the name AdamJT13. He recently revealed an interesting piece of news related to bad contracts in the Uncapped Year.
One theory that had been going around is that teams could clear bad contracts from their books in the Uncapped Year. So a guy like Vernon Gholston could be cut by the Jets, and his cap hit would be removed permanently from their books once a new CBA was agreed upon.
Not so fast. It turns out that in the Uncapped Year, signing bonus prorations (i.e. “dead money”) stay in place if a player is cut prior to June 1. So, for example, if a player has $5 million in dead money in 2010, 2011 and 2012, even if he is released in 2010, there will be $5 million per year on the 2011 and 2012 caps, assuming a new is CBA in place by then.
If a player is cut after June 1, the remaining dead money hits all go into 2011. So there would be a $10 million dead money hit against a 2011 salary cap, assuming that there is a new CBA in place by then.
This policy makes a lot of sense. For example, you could imagine that via a wink wink deal, a team could cut a guy with a long contract and then immediately resign him on identical terms. If the policy I described above wasn’t in place, it would allow teams to remove prorations of previously-paid signing bonuses from their future books without changing what the players actually received in cash.
So as a result, while players may well be cut in 2010 because of bad contracts, teams will not be able to really avoid having to pay the price for those mistakes.
2010 First Round Picks: A Nightmare In Waiting?
My final discussion topic is something I’ve been thinking about recently. With Jake Locker returning to school, there has been some discussion of whether he is leaving a ton of money on the table. On the surface, I’d say he is. One of the features of a new CBA will almost certainly be to significantly limit the contracts of first round picks. Owners hate how much rookies can get (see Gholston) and veteran players (i.e. the NFLPA) resent it. The only people who will benefit in the future are guys not in the NFL yet, and therefore who don’t have a vote in this process. So it seems likely that some curbs on draft pick salaries will be put in place.
How much could this mean? Well, the top pick this year, Matthew Stafford, got a 6 year, $72 million deal with $42 million guaranteed from the Lions. Let’s make some numbers up and say that this gets cut to $5 million a year under a new CBA, so that Stafford gets 6 years, $30 million instead. If you believe that is the magnitude of the salary control that will be implemented at the top of the draft, then you get a sense of the money that the top pick in 2011 would lose as compared to the top pick 2009. And certainly, we hear lots of pundits saying that players are going to be entering the 2010 draft in droves because of this last chance money grab.
But what will really happen to the top picks in 2010? Roger Goodell has said that even if a new CBA is in place, rookie salary controls would start with the 2011 draft. But that doesn’t guarantee that the 2010 picks will be in the same situation as 2009 picks. This is especially true if there is a new CBA in place by the 2010 draft.
For example, imagine that a new CBA is agreed to before the 2010 draft. It has the top pick in the 2011 draft slotted at 6 years, $30 million. The Rams take a QB at the top (to make it interesting, let’s say it is Sam Bradford). Now Bradford is stuck in terms of leverage. NCAA rules prevent him from returning to college. And he can’t hold out a year and re-enter the draft, because he would guarantee that even if he were taken at the top, he’d make no more than the 6 year, $30 million deal. But there is nothing preventing him in the CBA from making something more like what Stafford got.
Thus, I think there could be a very large gulf between what players expect and what teams will be offering. And when there is a very large gulf – and not much incentive for teams to cave, because they can easily point out to their fan bases that the rookies are asking for multiples of what next year’s rookie class will get – there is not going to be a ready market for making deals.
So I wonder if Jake Locker isn’t actually very smart. A QB needs as much development time as he can get. Developing an extra year in college as opposed to playing in the NFL is difficult decision, made easier when you are potentially sacrificing tens of millions of dollars. Developing an extra year in college as opposed to potentially holding out for a long period of time for not much difference in money is not a hard decision. I have no idea if this is how he is thinking about it … but it has made me question whether the 2010 bonanza will really happen if there is a new CBA in place.
One final point: this won’t really be much of a problem at the end of the first round, where the Eagles will probably be selecting. Rookie costs in that range are reasonably in line with what players should be making. Oh, there could be holdouts (right Mr. Maclin?), but they probably won’t be nearly as severe as we could see in the top half of the draft.