USA TODAY International Edition
UNION PUSHES FOR FAIR PROBE
An investigation into workplace conduct at Miami Dolphins headquarters was triggered by a conflict between offensive linemen Richie Incognito and Jonathan Martin. So where does that leave the NFL Players Association, which represents both players? Georg
Q: What role is the union playing in dealing with the situation in Miami?
A: Our union represents every NFL player in matters of collective bargaining, wages, hours, benefits and working conditions. The developments in Miami fall squarely under working conditions. The NFLPA has an obligation to our members to learn the facts, protect all players’ rights and ensure a fair and transparent investigation. One thing we will not do is jump to any conclusions based on allegations that have been published in various media reports. We take the issue of workplace safety very seriously, and we will provide representation to impacted players.
Q: The league appointed Ted Wells, a prominent criminal lawyer, to direct an independent investigation and prepare a report for Commissioner Roger Goodell that will be made public. What role, if any, did the union have in that decision?
A: First, it is difficult to call an investigator “independent” if he is hired by one of the involved parties. We did not have input into the decision to choose the lead investigator, but we will have a strong role in monitoring the full scope of the investigation. That means understanding who will be investigated, what facts emerge, what role management played and representing any player who faces discipline by the league that may occur based on the NFL investigator’s report.
Q: How does the union deal with the inherent conflict of interest when an issue arises between one player and another player?
A: We deal with that dynamic every day, and so does every union in America. Rarely do we have to address it on these types of issues. Our job is to focus on the rights afforded to every player under the collective bargaining agreement. For example, what happens on the field in every NFL game is player vs. player competition under the rules. When those rules are broken, referees penalize players, and if those violations are deemed to be dangerous, there is potential for additional penalties. In those cases, players have fair due process rights, including the right to review the facts, to representation and to appeal. Workplace rules are similar. There are federal, state and local laws that every NFL owner, manager, coach and player have to abide by. If those rules are broken, the same process applies, and our role is the same when it comes to our members.
Q: What communication, if any, is the union having with Martin and/ or Incognito relating to the situation?
A: From the moment we learned that Jonathan Martin left the team, we were in touch with players in Miami, representatives for both Richie and Jonathan and player leadership. That communication is ongoing.
Q: Will the union represent either or both players in the investigation and any grievances, appeals, etc., related to the situation?
A: We have an obligation to represent every player. That can mean the player chooses to have us represent him or have outside counsel who will work closely with us to represent him. Our duty is ensure that they have effective, competent counsel.
Q: Have any grievances, appeals, etc., been filed on either player’s behalf at this time?
A: No. However, we have been in touch with the agents for the players in connection with potential actions.
Q: Once the Dolphins have withheld a game check from Incognito, who was suspended for conduct detrimental to the team Nov. 3, will a grievance be filed?
A: That decision is up to Richie and his representatives. If they decide to file a grievance, we have a responsibility to represent him, and we will do so.
Q: If either or both players return to the Dolphins, what measures will the union take to ensure they are treated fairly?
A: This question is precisely why we are interested in understanding what role management played in this case. In any workplace, management has a responsibility to create the best possible professional and safe workplace.
Q: What evidence, if any, does the union have in its possession related to the case?
A: The union is interested in obtaining firsthand accounts of the roles of players, coaches and the general manager. That information will be privileged, because the union represents any players involved or affected.
Q: Does the union think there were unsafe working conditions with the Dolphins?
A. We will not pass judgment based on media reports. It is important to develop firsthand information about the workplace conditions. We have to move forward with our review of workplace conditions and understand the full scope of the facts before we do anything. We will also continue to press the NFL’s investigator to conduct a comprehensive, fair and transparent investigation.
Q: At any point before Nov. 3 did Martin or any other Dolphins player approach the union about an unsafe working environment?
A: No.
Q: What attempts, if any, have executive director DeMaurice Smith or the union made to play peacemaker, whether between the players or their agents?
A: The union has an obligation to all players to learn the truth and to act in the best interest of all players. DeMaurice Smith has been personally involved.
Q: Has Smith or have other union officials visited Miami since this situation arose, or are there plans to do so soon?
A: Union officials are in constant contact with players on the team. DeMaurice Smith and NFLPA officials are currently visiting all 32 teams as
“We expect a thorough and fair investigation ( by the NFL). We can do that if we adhere to a process that affords every player involved has his rights protected.”
George Atallah
they do every fall. The Dolphins players will have the NFLPA team meeting soon.
Q: Does the union have an issue with Martin choosing David Cornwell — a vocal critic of NFLPA leadership — as his counsel?
A: In the important work the union does for players, there is simply no room for responding to personal agendas and petty criticism. We care only about the best possible representation for our players.
Q: What changes, if any, does the union intend to pursue to curb hazing and related activities?
A: We already have strong language in our CBA that establishes guidelines for professional behavior in the workplace. We constantly look to improve workplace conditions for our players, and we expect that discussion of safe, professional workplace conditions will continue with our player leadership.
Q: Does the union think hazing is a problem in the NFL?
A. Unprofessional conduct in a locker room is unacceptable. We will continue to stress the importance of professionalism to our players and ensure professional workplace standards.
Q: What ultimately does the union hope will be accomplished by the NFL investigation and the closure of this matter?
A: We expect a thorough and fair investigation. We can do that if we adhere to a process that affords every player involved has his rights pro-
“We take the issue of workplace safety very seriously, and we will provide representation to impacted players.” George Atallah, left, NFL Players Association assistant executive director of external affairs
tected, and we hold the NFL and the Miami Dolphins accountable for a fair, transparent and comprehensive investigation.
Editor’s note: Atallah declined to answer how the union would respond if the Dolphins cut ties with Incognito or Martin on the grounds that those are hypothetical situations.