The Ground and Pound 6.13.08: A Proposal For An MMA Union

Posted by John Curry on 06.13.2008

On Friday the 13th, the Ground and Pound brings to life the biggest nightmare all Mixed Martial Arts organizations fear to….the “dreaded” union.





After seeing some of the inflated contracts, the high discrepancy between fighters, and often the amount the fighter is responsible for outside the cage, I began to wonder why Mixed Martial Arts fighters do not unionize to gain better treatment or at least a fair treatment in their fights and negotiations. However, simply wondering is not enough to warrant the creation of a union out of thin air. As a result I decided to try to base a MMA Union on the sport that I believe has the closest similarities, physical involvement wise, the National Football League's (NFL) Players Association. The NFLPA lists the benefits of the labor agreement on their website. Now before I begin to show you what the NFLPA offers and how it can be modified to MMA standards, know that I understand that with all Unions that there is never a fully satisfied party, hence the necessity of negotiations. I also am aware of the NFLPA's decision to opt out of their contract; however I am not using the NFLPA's execution of the contract as the grounds for the MMA Union but rather a starting comparative point.

The first thing to look at before we begin is the comparison between the size of the membership for each group. The National Football League has 1692 players at any given time. The rosters are regulated to have a maximum of 53 players per team, and 32 teams. The amount of MMA fighters is debatable and quite hard to narrow down to an exact number. This would be the first thing that would have to be coordinated before a Union can be created. Should all MMA fighters be included in the contract or should it be limited to the "major" companies fighters, such as UFC (including all sub organizations such as WEC), Adrenaline, EliteXC, the IFL to name a few.

How does the union work?

NFL

Player Members on each NFL team elect both a Player Representative and an Alternate Player Representative to serve on the Board of Player Representatives. The NFLPA works from the bottom-up. All power and authority to do anything in the NFLPA comes from the Board of Reps-who are elected by the player members.
The Board of Player Reps meets at least once a year, and makes all of the important decisions for the organization. For example, the Board:

* sets annual membership dues;

* adopts an annual budget;

* elects a President and ten Vice-Presidents for two-year terms;

* elects an Executive Director;

* drafts and implements regulations governing the agents and the maximum fees they can charge players;

* authorizes safety studies;

Proposed MMA

Fighter's Members in each MMA organization elect a Fighter Representative and an Alternate Fighter representative to serve on the Board of Fighter Representatives. All power and authority to do anything in the Mixed Martial Arts Fighter's Association (MMAFA) comes from the Board of Fighter Representatives who are elected by the Fighter's Members.

The Board of Fighter Representatives meets at least once a year, and makes all of the important decisions for the organization. For example, the Board:

* sets annual membership dues;

* adopts an annual budget;

* elects a President and Four Vice-Presidents for two-year terms;

* elects an Executive Director;

* drafts and implements regulations governing the agents and the maximum fees they can charge Fighters;

* authorizes safety studies regarding Fighter safety;

The 411: This is laid out pretty simple.

What is the role of the Player/Fighter Reps?

NFL
In addition to serving on the Board of Rep, the Player Rep (and the Alternate):
* collect membership dues or check-off cards from their teammates;

* help teammates with grievances and fine appeals;

* collect group licensing authorizations from other team members;

* act as spokesmen for the organization on their team and in their local communities;

* bring important issues to the full Board for action.

Proposed MMA
In addition to serving on the Board of Fighter's Rep, the Fighter Rep (and the Alternate):
* collect membership dues or check-off cards from their teammates;

* help Fighters in their respected organization with grievances, suspensions and fine appeals;

* collect group licensing authorizations from other Fighters in their respected organizations. (i.e. Sponsorship for the company, not the individual player);

* act as spokesmen for their respected organization both in the cage and in their local communities;

* bring important issues to the full Board for action.

The 411: Again, laid out fairly simple.

What is a grievance?

NFL

A grievance is a dispute between a player and a club or the League concerning individual contract or CBA provisions. The NFLPA normally represents the individual player in his grievance, and is successful in considerably more than half of the cases. Filing a grievance is a legally guaranteed right of the player, so long as the grievance has merit. A player cannot be discriminated against for filing a claim. There are two types of grievances.

An injury grievance applies when a player is released by a team while he is still suffering from an injury. A typical injury grievance involves a player who comes to camp, passes the physical, later suffers an injury or re-injury, and then is cut by the team the same year. To have a valid injury grievance, the player must file within twenty-five (25) days of when he is released by the club. If a player wins an injury grievance, he gets the salary he would have received if the club had kept him until he was healthy. However, he can only win salary for the year he is injured, and not for any subsequent years.

The non-injury grievance procedure applies to most other disputes between players and clubs. Examples of non-injury grievances include:

* a player challenges a fine or suspension by his club;

* a player claims an incentive bonus clause which is disputed by the club;

* a player can't play because of a previous year's injury and claims the collectively-bargained Injury Protection Benefit.

For non-injury grievances (most other cases), a player must file within forty-five (45) days from the date when the dispute arises. For example, a player who files a grievance over a club fine would need to file his case within forty-five days of when the fine was imposed by the head coach.

Proposed MMA

A grievance is a dispute between a fighter and an organization or any organization concerning an individual contract or CBA(Collective Bargaining Agreement) provisions. Filing a grievance is a legally guaranteed right of the player, so long as the grievance has merit. A fighter cannot be discriminated against for filing a claim. There are two types of grievances.

An injury grievance applies when a fighter is released by an organization while he is still suffering from an injury. A typical injury grievance involves a fighter who passes the physical, later suffers an injury or re-injury, and then is cut by the organization before the next fight. To have a valid injury grievance, the fighter must file within twenty-five (25) days of when he is released by the respected organization. If a fighter wins an injury grievance, he/she gets the salary he would have received if the organization had kept him until he was healthy. However, he can only win salary for the scheduled event for which he is injured, and not for any subsequent years.

The non-injury grievance procedure applies to most other disputes between fighters and organizations. Examples of non-injury grievances include:

* a fighter challenges a fine or suspension by his organization;

* a fighter claims an incentive bonus clause which is disputed by their respected organization (i.e. Win bonuses, signing bonuses, etc.);

* a Fighter can't fight because of a previous fights injury and claims the collectively-bargained Injury Protection Benefit.

For non-injury grievances (most other cases), a fighter must file within forty-five (45) days from the date when the dispute arises. For example, a fighter who files a grievance over an organizations fine would need to file his/her case within forty-five days of when the fine was imposed by the organization.

The 411: A perfect example of when the ability to go to a Union and challenge the penalty imposed on them by the state regulators would have been Sean Sherk and his unclean drug test. This is just an example but to have a Union who will represent you when you have a grievance would be a much needed addition. The second part of this that I personally would like to see is the injury payments. While I do not know how the UFC or any other organization deals with paying fighters who are injured prior to their fights while training, I do think that there must be some type of compensation for an injury that occurs during training. If an NFL player is injured during the offseason for any reason that is not laid out in their contract, such as high risk activities, they are still compensated their salary. I believe that in situations in which a fighter is pulled from a match due to their opponents injury, i.e. Rashad Evans, they should still receive their full compensation.


Are NFL Players eligible for workers' compensation?

NFL

Players injured while playing for their NFL club may be entitled to monetary benefits under state workers' compensation statutes. Although there is much variation among the states, players are generally eligible for workers' compensation benefits while playing. The benefits usually take two different forms: Disability Pay to compensate a player for the time he is out of work due to an injury-related disability; and, Medical Expenses arising from the injury. This is important since NFL clubs will not pay medical expenses after a player leaves the game unless the player files a worker's compensation claim. The NFLPA has formed a panel of Workers' Compensation Attorneys to assist players with their workers compensation claims. These are experienced attorneys who routinely represent players in workers compensation claims, and they are "on call" to help players.

Proposed MMA

Due to the lack of protection and knowledge of the dangers and circumstances the fighters will not be able to qualify for state funded worker's compensation. However, if a fighter is injured prior to a fight due to training he/she will be evaluated and if evidence supports the claim the fighter will be entitled to ½ of his/her agreed contract.

The 411: I think this says enough.

What medical rights do players have?

NFL

The CBA gives players the right to a second medical opinion concerning their physical ability or inability to play football. The club must pay for this provided the player:
* First consults with the club physician prior to seeing the second opinion physician; and
* Makes sure that the physician rendering the second opinion provides the club with a copy of his/her report.

If a player is a candidate for surgery, he has the right to select a surgeon of his choice to perform the surgery. However, unless the surgery is an emergency, the player must first consult the club physician and give due consideration to any recommendation made by the club physician. All medical bills are to be paid by the club.

The CBA also gives a player the right to examine his medical or trainers' records twice a year--once during the pre-season and again after the regular season. Also, a player or former player may obtain a copy of his medical file upon request during the off-season, and his personal physician may obtain a copy of his medical records at any time. If the club physician notifies any club representative that a player has a medical condition which could adversely affect his performance or health, the physician must also notify the player. If the condition can be significantly aggravated by the player continuing to play, the physician must notify the player of this in writing before he can return to the field.

Proposed MMA

The CBA gives fighters the right to a second medical opinion concerning their physical ability or inability to fight in a match. The club must pay for this provided the fighter:

* First consults with the organizations physician prior to seeing the second opinion physician; and
* Makes sure that the physician rendering the second opinion provides the organization with a copy of his/her report.

If a fighter is a candidate for surgery, he has the right to select a surgeon of his choice to perform the surgery. However, unless the surgery is an emergency, the fighter must first consult the organization's physician and give due consideration to any recommendation made by the organization's physician. All medical bills are to be paid by the respected organization.

The organization also must provide the fighter with any information regarding their health that could lead to long-term damage or impair their ability to fight without risking further damage.

The 411: This is my biggest concern for MMA fighters. Often they are responsible for obtaining their own insurance at their own cost which is quite expensive, so much so that many fighters choose to enter the fight without any insurance at all. It is understandable that there are injuries that are bound to occur in MMA, however sticking the fighter with the entire bill is a little excessive and furthers the whole "human cockfighting" argument that the Republican Presidential candidate John McCain loves to use so much. I don't think that a company that pulls in millions of dollars per event should let their fighters pay their entire bill.


What is termination pay?

NFL

The Termination Pay benefit provides a guarantee of 100% of a player's "paragraph 5 [base] salary" if he has completed four or more credited seasons. A player must be released after the club's first regular season game to get the benefit, and he must have made the active/inactive list at some point in the season. A player must claim termination pay between the end of the regular season and no later than February 1. If the claim is made before or after those dates it may not be valid.

Proposed MMA

There is no termination pay for MMA fighters unless the termination is a result of an injury sustained during a respected organization's event. At this point the fighter is to receive 2/3 of their previous fights purse in addition to their normal purse.

The 411: Sorry but there are reasons to terminate fighters and when those reasons are justifiable then the organization should not have to pay severance to the fighter. However, if the fighter is injured during an event and then is discharged with no other justifiable reason they should receive some sort of compensation.

What is the NFL System?

NFL

The Collective Bargaining Agreement signed in 1993 brought unrestricted free agency to NFL players for the first time in history. In the past, players were subject to systems severely limiting their right to market their services to other clubs when their contracts expired. It took a long and very expensive legal battle waged from 1987 to 1993 to end those restrictions.

Under the current system, veterans with four or more accrued seasons (five or more in an uncapped year) are totally free at the end of their contracts to sign with another NFL team, subject only to being designated their team's "franchise player" at that time. The system also includes a salary cap. The salary cap of 60% of revenues is quite flexible since it includes only a proportionate share of signing bonuses-which comprise the vast majority of guaranteed salaries that players receive-- each year. As a result, most teams have actual salary expenditures that exceed the cap every season.
The current system has four cornerstones:

* an uncapped season as both the beginning and last season under the Collective Bargaining Agreement;

* the ability to prorate signing bonuses over the length of the player's contract;

* the ability to renegotiate a contract and receive new guaranteed salary;

* the promise of unrestricted free agency once a player has four accrued seasons.
These cornerstones are so vital to the system that the Board of Player Reps has voted to let the CBA expire rather than allow any substantive changes be made to them.

Proposed MMA

A salary cap is only based per organization event rather than per fighter. Each organization is permitted to spend a total of 2 million dollars on salary per event. However there is a minimum requirement for the fights. The minimum a fighter can make for a fight is $5,000 dollars. Any televised event there must not be a differential of more than 33% between the salaries of each fighter in any given event. For instance Fighter A makes 100,000 for a fight against Fighter B, the minimum that Fighter B must be paid is 77,000. This creates a sense of parity between the fighters in any given fight.

The 411: This prevents fighters such as Brock Lesnar from entering a fight making 200,000 versus an opponent making 25,000. I think this will force organizations to carefully consider how they book their fights.

How does NFL Free Agency work?

NFL

Free agency rights depend on the number of "accrued seasons" the player has at the time his contract expires. An accrued season is a season in which the player has been on "full pay status" for six (6) or more regular season games. There are three categories of free agents:

1. Unrestricted: In a capped year, a player with four or more accrued seasons has unrestricted free agency rights. Five or more accrued seasons are required for unrestricted free agency in an uncapped year (1993 or the last year of the CBA). An unrestricted free agent may sign with any team. If the unrestricted free agent is not signed by June 1, his old club may offer him a contract with a 10% raise over his prior year's salary, and thereby obtain the exclusive right to re-sign him after July 15 if he has not signed elsewhere by then.

2. Restricted: A player with three but less than four accrued seasons (four but less than five in an uncapped year) can seek offers from other clubs after his contract expires, but he has only 60 days to do so (from around March 1 to mid-April). If he gets an offer, his old club must choose between matching it and retaining him, or letting him go to the new club in return for draft choice compensation. The draft choice compensation varies depending upon the offer the old club gives the player prior to becoming a restricted free agent.

3. Exclusive Rights: A player with an expiring contract who has less than three accrued seasons can only sign with his old club, provided that he is offered a one-year contract at the minimum salary for the upcoming year. If the exclusive rights free agent gets no such offer, he is completely free.

Proposed MMA

A Fighter will be an unrestricted Free Agent at the end of their contract with their organization. After which point they will be permitted to sign wherever they so choose.

The 411: This is simple.

Are There Exceptions to Free Agency?

NFL

A player who is in the unrestricted category will have his free agency rights restricted if he is designated as either a Transition Player or a Franchise Player. A player subject to the transition designation must be offered the average of the top ten salaries (league-wide) at his position, and he is subject only to a right of first refusal by his old club. The franchise or transition player category can be used throughout the term of the Collective Bargaining Agreement, but clubs can only have one franchise or transition player at a given point in time. The franchise designation requires an offer equal to the average of the top five salaries league-wide in the player's position. If the club does not want to offer this tender, it can make a transition player tender, and retain only a right of first refusal. The CBA also provides for a salary guarantee for any franchise or transition player who accepts the one-year tender. This is a significant benefit for the player, since he is assured of receiving the entire tender amount for the next season even if the club decides not to keep him and that also provides an incentive for the club to sign him to a longer-term contract with a big signing bonus.

Proposed MMA

No exceptions.

The 411: I think is really simple and beneficial to the fighters that there are no exceptions that will force them to remain with an organization beyond

What is behind the NFL Salary Cap?

NFL

In return for agreeing to free agency, the owners got a Salary Cap which was first implemented in 1994. The Salary Cap is essentially equal to 60% of Total Revenues and includes both player salaries and benefits. Prior to 1993, NFL players historically received an average of about 40 to 50% of the league's revenues in salaries and benefits. Under the current Collective Bargaining Agreement, however, players are guaranteed a minimum of 50% of Total Revenues at least through 2009. This is perhaps the greatest benefit achieved in the CBA.

Proposed MMA

Again, the Salary Cap in MMA will be restricted to only 2 million dollars in fighter salaries per event. Anything under this point is acceptable.


How does the Salary Cap operate?

NFL

CBA rules concerning signing bonuses and renegotiation rights allow total club expenditures to exceed the cap in any given season. The main reason for this is that under CBA rules all signing bonuses are allocated equally over the years of the player's contract. For example, suppose a player signed a four-year contract in 2006 for $1 million per year, plus a $2 million signing bonus. Even though the player received $3 million in the first year ($2 million signing bonus plus $1 million in salary), only $1.5 million counted against the cap that year.

Proposed MMA

CBA rules concerning signing bonuses allow total organizations expenditures to exceed the cap in any given fight. The fighter's signing bonus can be prorated over at maximum 3 fights. This means that if the fighter fights on the June 7th card his signing bonus will be evenly distributed over this fight and the organizations next 3 fights and will count towards the 2 million dollar cap per fight.

The 411:

How is the Salary Cap adjusted?

NFL

The free agency/cap system has built-in protections for players assuring that various dollar amounts for minimum salaries and tenders will increase along with league revenues during the term of the Collective Bargaining Agreement. Since gate revenues increase each year along with built-in increases in network TV contracts, there is a higher cap each year. Meanwhile, individual clubs have to spend at least 84% of the Salary Cap on player salaries and benefits each year, and the clubs as a group have to average over 50% to be in compliance with the CBA rules.

Proposed MMA

Set in stone.


How long does the current CBA go?

NFL

In 2006 the CBA was extended through 2012 season. However, either the union or the owners can shorten this extension by two years if it gives notice to the other side by November 1, 2008, or by one year if it gives notice before November 1, 2009. If that happens, the CBA will end after the 2010 or 2011 season.

Proposed MMA
Every 3 years the MMMFU will meet with the organizations representatives to renegotiate the contract or renew it if necessary.


So there we have it the first draft of the Mixed Martial Arts Fighters Union. Is it perfect? No. It like everything else has room for improvement. I am sure there are going to be those out there who will state that the formation of a MMA union will destroy the market for MMA and the future of the sport. However I am not as concerned about the organizations as I am about the fighters, which if I am not mistaken, is the purpose of Unions.


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