The State of Football: Are NFL Teams Abusing the Franchise Tag?

If you took a poll among NFL players today, you would probably be hard pressed to find one who wouldn't want to be thought of as "the franchise." Until free agency rolls around, that is, at which time what was once intended to be a flattering designation turns into a cause of discontent. If you are unfamiliar with the rules of the NFL, here is a quick breakdown of the franchise tag:

• A club can designate one franchise player in any given year.

• The salary level offered by a player's old club determines what type of franchise player he is.

• An "exclusive" franchise player -- not free to sign with another club -- is offered a minimum of the average of the top five salaries at the player's position, or 120 percent of the player's previous year's salary, whichever is greater.

• If the player is offered a minimum of the average of the top five salaries of last season at his position, or 120 percent of the player’s previous year’s salary, he becomes a “non-exclusive” franchise player and can negotiate with other clubs. His old club can match a new club's offer, or receive two first-round draft choices if it decides not to match. The signing period for non-exclusive franchise players to sign with new clubs is March 3 through November 9 (10th week of the season).

To understand how the NFL's franchise tag has evolved into a potentially abusive tool, allowing owners and general managers to hold their star players hostage, it's important to look at its history.

Wilber Marshall was the first player ever slapped with the franchise tag. Marshall’s challenge to football’s newborn free agency system threatened an agreement which was supposed to usher in an era of labor peace and end a decade of work stoppages and lawsuits.

In 1992, free agency did not yet exist in the NFL. Major League Baseball players won the legal right to test the market once their existing contracts expired in the mid-1970s, but the NFL Players Association (NFLPA) was unsuccessful in doing so. In 1974, after a preseason lockout, NFL owners devised a plan that forced teams to pay compensation if they signed a free agent from another franchise. The price, however, was steep — a first-round draft choice — thus, few free agents changed teams. The fight to change the system during the strike in 1982 proved to be futile and produced no results.

After the 1987 strike, the Players Association changed its approach and allowed players to challenge the league’s free agency system in court. The owners panicked and quickly moved to "Plan B free agency" which said teams were allowed to retain the rights for 37 players on each roster, leaving the rest to become free agents. This failed to satisfy the players, many of whom successfully challenged the system in court. Few star players changed teams under Plan B. Ironically, one of them was Wilber Marshall, who was lured away from the Bears by the Redskins with a five-year, $6-million deal in 1988.

By the end of the 1992 season, both players and owners knew that change was inevitable. The league had been operating without a collective bargaining agreement for five years. Players were winning major court battles, and Reggie White's case vs. the NFL threatened the league’s entire salary system.

On January 6th, 1993, the Players Association and team owners agreed to a collective bargaining agreement and free agency officially became part of the NFL. Nevertheless, for the players, it came with two catches: a salary cap, which would take effect in 1994, and a new set of "designations", the most notorious being the franchise tag, that would limit the bargaining power of many top free agents in the league. If a player was "franchised" his team could offer him a one-year contract and take the player off the market. Owners in the NFL did not want the salaries of the top players in the league to escalate to the same levels as that of Major League Baseball. Although, not completely satisfied, one "right-of-refusal" player per team was much better than 37 per team, so players accepted the compromise. A few weeks after the CBA was ratified, teams found themselves with a new dilemma: to tag or not to tag. Facing a strict February 28th deadline to designate franchise players, owners and GMs hustled to comprehend and apply the new rules.

On February 23rd, the Redskins officially tagged Marshall, a 31-year-old linebacker coming off a 138-tackle, six-sack, Pro Bowl season. Later that same year the 49ers tagged Steve Young, the Buccaneers tagged tackle Paul Gruber and the Chiefs tagged defensive end Neil Smith. On March 2nd, Marshall became the first player to fight the franchise tag when he filed a memorandum in federal court asking judge David Doty, the same judge who on February 26th gave preliminary approval to the CBA, to remove the designation.

“We think this is not a fair or a reasonable position into which Wilber should be forced,” agent Richard Bennett said.

A hearing date was set for April 16th. By then, all ten of the players who were franchised that year would file objections. Just days after it's inception, the franchise tag became the most despised guaranteed pay raise in all of sports.

Doty ruled in the favor of the NFL and on April 30, gave his final approval to the agreement, including the franchise tag. Doty called the CBA “fair, reasonable, and adequate.” He said the arguments of Marshall and the other franchised players were “extremely limited in scope” and suggested that overall market conditions favored them. In the mean time, Marshall was given permission by Washington to work out a contract with the Houston Oilers, where he would play under Buddy Ryan, his defensive coordinator on the 1985 Chicago Bears.

While the Oilers and Marshall were negotiating, the league and the NFLPA were re-wording the rules behind the franchise tag. The results were that now a team could sign away another team’s "non-exclusive" rights franchise player. The price, however, was two first-round draft picks. The "exclusive" rights franchise player would receive the average of the top five salaries at his position calculated at the end of the signing period, not the end of the previous season.

The franchise tag, of course, remains a big part of the NFL today, as does the hostility of the players who are designated as "the franchise." A tagged linebacker (Lance Briggs) will make more than $7 million next season. As much as that may seem to you and me, superstars who are slapped with the tag feel the same way Marshall did in 1993. Somewhere, another team is willing to offer more money, or a longer deal, or a larger signing bonus.

Over the last few months, big-name players like Lance Briggs, Asante Samuel (pictured above, failing in his attempt to cover Bernard Berrian), and Dwight Freeney have been franchised. As of now, Briggs ended his hold out, realizing he couldn't afford to pass up over $400,000 a week, and the Colts did the honorable thing and gave Freeney a $75 million extension. Samuel on the other hand, has yet to sign his name to the one-year, $7.79 million contract the Patriots have put on the table and is saying he will sit out until the 10th week of the season. By returning on week 10, he is guaranteed to recieve a pro-rated portion of the $7.79 million deal but if he sits out the entire year, he gets nothing and the Patriots could franchise him again next year.

A good compromise, as they say, is one that satisfies no one, but when you consider the alternatives such as sitting out and losing large sums of money, the franchise tag doesn’t seem so bad. Are owners and GMs abusing the power which the wording of the CBA has given to them? In some cases yes (Samuel), but many times these teams do right by their players (Dwight Freeney). For example from 2002-2004, the Seattle Seahawks franchised offensive lineman Walter Jones and paid him $17.3 million in tenders. In 2005 the team rewarded one of the league's best blockers with a 7-year $52.2 million deal.

"The tag, to me, was always kind of a compliment," Seahawks coach Mike Holmgren said. "Now, it's like we're putting them in prison."

Players may despise being franchised, but the tag is now ingrained into the NFL's CBA and since it appears that there is no one prepared to fill the role of Wilber Marshall and challenge the league, don't count on the franchise tag going anywhere anytime soon.

The State of Basketball: Will Yi's Stance Set A Dangerous Precedent?

Yi JianLian the sixth overall selection in the 2007 NBA draft is refusing to play for the team who selected him, the Milwaukee Bucks. His agent, Dan Fegan, and Chen Haitao, the president of his former team, the GuongDong Tigers, have demanded a trade that would send Yi to a team on their list of "approved cities" which include Chicago, Sacramento, Golden State, both Los Angeles teams, and New York. As wrong as this may seem, I feel it is important to provide an insight into the relationship bewteen the Chinese athlete and their government as well as a brief history lesson in regards to how China's athletics have shaped its past. By doing, it will be easier to understand the mindset of Yi, considering that the Chinese government permits him to say little, if anything at all.

According to Li YongYan, an esteemed analyst of business, economy, and politics in China, the motto of the Chinese athlete is, "I owe it to the party."

In China, athletes are brainwashed into staging extravagant tributes to the political leadership of their country. For example, in Athens, during the 2004 summer Olympic games, moments after a young Chinese girl won the gold medal in singles table tennis, a Beijing TV station went into the stands to interview her parents. Without hesitation, the father told all those watching back home that his daughter was a "good Communist Party member and her success was because of the party organization."

In essence, the father was right because the government and the Communist Party own all the Chinese athletes. In the words of YongYan, "They (the Chinese athletes) are trained, funded, and sent to the Olympics and to other sporting events, such as playing in the NBA, by the China Sports Bureau, a cabinet-level ministry in the government."

It is common knowledge that competitive sports require huge amounts of spending and, in some cases, generate little, if any, revenue (just ask the Florida Marlins). Yet, despite the cost, Beijing still retains a monopoly over Chinese athletics. Why would the government of China be willing to travel down the road of Capitalism when it is now allowing private and even foreign ownership in most other industries?

"The complete control of the Chinese government over telecommunications, aviation, the postal service and defense is easy to understand: national security and high profit margin are the two chief motivations," said YongYan. "But figure-skating and weightlifting never come close to making money or contributing to territorial integrity by any stretch of imagination."

The answer lies in history. Similar to how Adolf Hitler introduced a heavy dose of Nazi propaganda into the 1936 Berlin Olympics, China's association with sports has been, and always will be, closely intertwined with politics. During the reign of Mao Zedong, Beijing boycotted all international sporting events, refusing to compete along side both those Chinese who lived across the Taiwan Strait and his enemies from the West.

In the late 1970s, sports took a back seat as China had more pressing needs; revitalizing agriculture, for example. Then, in the early 1980's, something unexpected happened. China's women's volleyball team overcame seemingly unbeatable odds and clinched three consecutive world titles over a three-year span, winning the World Cup, the World Championship and the 1984 Los Angeles Olympics.

The Chinese people were so inspired that a group of impressionable students took to the Beijing streets in celebration, labeling these victories as a "stimulus to revitalizing the Great China." To the delight of veteran propagandists, they found that athletic achievement provided a much-needed outlet for Chinese citizens to express their discontent with society.

Presently, it excites the Chinese people when their country's national anthem is played in a Western stadium. "When a red five-star flag is raised, the republic's past humiliation is washed away and replaced with a pride that every Chinese is thrilled to share,” said YongYan. "The 'Sick Man of East Asia' is now strong, is fast, and stands high and proud. Thus national prestige suddenly finds a new support in the able-bodied, professional athletes - instead of the export of communist ideology."

Thus, the government has increased the budget for competitive sports, although exactly how much is spent has never been clear. The most recent public budget report from the Treasury Ministry is from the year 2000 which states that a total of 2.6 billion yuan ($3.4 million) was allocated to "culture, sports and broadcasting."

This now brings us to the topic of Yi JianLian. Before the draft, Fegan and Haitao compiled a list of cities which they felt would best suit Yi. The Bucks not only weren't on the list, but they weren't even allowed to watch Yi workout in LA. Nevertheless, when it came time for Milwaukee to pick, sure enough, they took Yi, creating a major headache for the 19-year-old (supposedly) Chinese phenom and the NBA.

In his latest statement, Haitao said to the Chinese press on Tuesday that the lack of playing opportunity was the primary reason for Chinese officials' reluctance to allow Yi to sign with the Bucks.

"This is not - as media reports have said - because Milwaukee, as a city with very few Chinese people, is not good for Yi's commercial development," Haitao said. "Rather we want to find a team suitable for Yi's growth. That's the root of the problem."

Yeah, right. Yi plays as a power forward, a spot where the Bucks struggled with injuries last season and at times had undersized Ruben Patterson playing the position, so I don't believe that reasoning for a second. In addition, returning to the team is 6’11” Charlie Villanueva, who is coming off surgery to repair a torn labrum in his right shoulder. Seven-footer Andrew Bogut, the top pick in the 2005 NBA draft, is now firmly entrenched at center and plays a much different game than Yi, who is more perimeter-oriented and often faces the basket. Did Haitao notice that the Bucks were 28-54 last year and haven't had a real power forward since Larry Krystkowiak was on the floor instead of sitting on the bench in a suit? So, assuming for a minute that playing time is indeed the primary motivation here, do you think playing for a contender would make the situation better?. The Bucks could move Yi to a good team, like Chicago, San Antonio, Phoenix or Dallas, where he would get almost no playing time. Wouldn't that go against everything that Haitao is trying to accomplish? Doesn't he want Yi to be in top shape for international competition? If he was to be traded to a better team, he'd be so rusty by the time the Olympics rolled around that the trainer would need to keep an oilcan nearby.

"I need to know the Chinese word for 'hogwash' so I can e-mail it without delay to Chen Haitao," writes Michael Hunt (Who's the first person I've ever known to actually be named that) of the Milwaukee Journal Sentinel.

An NBA spokesman said the league would not comment on the situation at this time. He said NBA Commissioner David Stern was still overseeing everything alongside Bucks' officials. One published report suggested that Milwaukee general manager, Larry Harris, may visit China next week, but a Bucks official said there were no imminent plans to do so. Commissioner Stern now finds himself between a rock and a hard place because he has been trying to expand the NBA globally and China has been one of his main targets. He doesn't want to upset the Chinese government, but at the same time he won't allow his league to be taken hostage.

The problem now is that Harris' cell phone isn't exactly wearing a hole through his designer britches. Other teams like Yi, but not enough to give up what it would be worth for the Bucks to part with the sixth overall pick in one of the deepest drafts in recent history. Let's put the situation in perspective. How long did it take Yao Ming to become a good NBA player? Three to four years, depending on whom you're asking. Oh, and by the way, he just happens to be playing in Houston, home to one of North America's largest Chinese communities.

So, here's the question: who's to blame? The answer to that is not a simple one. First of all, I think what Fegan and Haitao are doing is despicable. It's an honor and a privilege to be selected sixth overall into the best league in the world. You should play for whoever was kind enough to select you, period. That said, it's the wording of the NBA's own Collective Bargaining Agreement which gave Yi the loophole that Fegan is hoping to use in order to orchestrate a trade for his client. Under the CBA, if Yi were to sign with another team in Europe, for example, the Bucks would own his rights. However, if he didn't sign with another club and played only for China's national team, he could re-enter the draft in 2008.

Yes, what Yi's camp is trying to pull off is wrong, but no, it's not the first time something like this has happened. In 1999, Steve Francis was selected 2nd overall by the Vancouver Grizzlies. He vowed he would never play for Vancouver and was traded a few days later to the Houston Rockets. In the 2004 NFL draft, Eli Manning refused to suit up for the San Diego Chargers and was traded to the New York Giants. To complete the transaction, the Giants then selected Philip Rivers and sent him to San Diego. However, there is a major difference in Yi's case, that being the fact that he is controlled by a communist nation. Unless you are a citizen of Cuba, Haiti, or China you cannot claim that you are able to relate to Yi's situation. It should be made very clear: Yi is not in the wrong here. For all we know, he would love to play in Milwaukee, but the fact of the matter is that he will never be allowed to voice his opinion because the Chinese government won't allow it.

Now, let's turn the attention back to the Milwaukee Bucks. How in the world do you draft a player whose agent warned you ahead of time what would happen if you did? The only conceivable way that, as a general manager, you would do something like this is if you had a trade already in place that would send him to one of the teams on his list of approved cities. Otherwise, it is mind-blowing to me that Milwaukee had the arrogance to think that despite the warnings of Yi's camp, they could get him to play for their team. How could you open the door for the possibility of walking away from this debacle with literally nothing? Oh, I can just imagine the reaction from Bucks fans if Harris comes back empty-handed after the best draft since 1996.

Ultimately, Milwaukee should have passed on Yi and drafted Brandon Wright, who they claimed they fell in love with after his private workouts. Yi would have slipped past Minnesota and Charlotte (because it's hard to believe that there are two other GMs in the league stupid enough to select him when they weren't on his list) and he would have ended up in Chicago. Funny story: had the Bobcats not blown a double-digit lead in the fourth quarter against the Knicks on the last day of the season, the Bulls, who had New York's pick in the draft, would have had the sixth selection instead of Milwaukee.

In the end, I predict that the Bucks will trade Yi to another team. There's no way that Harris can tell his fans that he has nothing to show for the sixth pick in the draft. It's an unfortunate situation that Milwaukee finds itself in, but again, it's not as if they weren't warned about what would happen. Hate to say they told you so...

Potential Trade Targets for the Cubs at the Deadline

TAMPA BAY:

1. Carl Crawford (LF)
2. Ty Wigginton (UT)

Analysis:

Carl Crawford is a young superstar-to-be. He is a left-handed, speedy outfielder who would fit perfectly into the two-hole in the Cubs lineup. He his currently batting .281 with 6 HR, 51 RBI, and 27 SB. Soriano and Crawford would give the Cubs the best 1-2 punch in the league.

Ty Wigginton, a former Pirate, would provide depth to the Cubs’ bench. He’s started games at 1B, 2B, and 3B this year for Tampa Bay. He’s currently batting .281 with 13 HR and 46 RBI.

Proposed Trade:

Jacques Jones, Ryan Dempster, Felix Pie, Jake Fox, and Donald Veal to Tampa

Carl Crawford and Ty Wigginton to Chicago



BALTIMORE:

1. Miguel Tejada (SS)
2. Daniel Cabrera (SP)

Analysis:

Miguel Tejada’s career numbers speak for themselves. He is one of baseball’s bonafide superstars. On June 23rd he was hit by a pitch on the wrist which landed him on the 15-day DL. Yesterday he took the field for the first time and Baltimore expects him to see live pitching on July 24th, the day after his second MRI. If healthy he would make the middle of the Cubs’ lineup scarier than it already is. One thing to keep in mind is how Derek Lee’s power numbers went down after his wrist injury. Although, Tejada’s is much less severe (Lee had to sit out almost the whole year while Tejada will miss just over a month) will he have the same pop in his bat as before?

Ask anyone who knows baseball and they’ll tell you that Daniel Cabrera has nasty stuff. For some reason though, the light bulb just hasn’t turned on. In 2005 and 2006 he recorded 157 strikeouts. His highest win total, however, is only 12. If the Cubs were able to land Tejada in a deadline-deal, then Hendry might be willing to let Rothschild work with the young Cabrera. He has a low salary so it’s a low risk-high reward proposition.

Proposed Trade:

Jacques Jones, Ryan Dempster, Felix Pie, Jason Marquis, and Jake Fox to Baltimore

Miguel Tejada and Daniel Cabrera to Chicago

KANSAS CITY:

1. Gil Meche (SP)

Analysis:

The Cubs made it very clear at the Winter Meetings, that they wanted Meche on their team. As far as pure stuff goes, Meche ranks right at the top. When the Royals unexpectedly swooped in and made him an offer he couldn’t refuse, the Cubs were left disappointed and turned to Jason Marquis. Considering the team he plays for, Meche’s numbers (6-6, 3.69 ERA) are good. Lou Piniella managed him in Seattle so it would be a good fit for the Cubs and would give the team a second chance to acquire the guy they wanted all along.

Proposed Trade:

Jason Marquis, Jake Fox to Kansas City

Gil Meche to Chicago



TEXAS:

1. Kenny Lofton (CF)

Analysis:

Kenny Lofton (.309, 6 HR, 20 RBI, 20 SB) still has a lot left in the tank. In 2003, the Cubs made a playoff run with him in center field so why not again in 2007? The Cubs are in need of a true centerfielder after Felix Pie proved he was not ready to take over the job full-time. Lofton is versatile enough to bat either leadoff or in the second spot and, along with Soriano, would give the Cubs a potent top of the lineup.

Proposed Trade:

Jacques Jones, Sean Gallagher to Texas

Kenny Lofton to Chicago

HOUSTON:

1. Roy Oswalt (SP)
2. Mark Loretta (UT)

Analysis:

This is a long-shot considering that Oswalt is one of the best pitchers in the game and the Astros, if they would be wiling to trade him, would be hesitant to send him to a division rival. He would make the Cubs rotation one of the best, if not the best, in baseball. If Houston does put him on the market, how much would Hendry be willing to give up?

In 2003 the Cubs tried to acquire Mark Loretta (.307, 2 HR, 30 RBI), who was then a member of the San Diego Padres. He would provide the bench with the depth and is a versatile utility man. Loretta has played 1B, 2B, and 3B this year for Houston.

Proposed Trade:

Jacques Jones Felix Pie, Ryan Dempster, Jake Fox and Donald Veal to Houston

Roy Oswalt and Mark Loretta to Chicago



CINCINNATI:

1. Adam Dunn (LF)

Analysis:

I think the Cubs would actually prefer to acquire Ken Griffey Jr. instead of Adam Dunn, but with Griffey set to break the 600 HR record, the Reds will want to keep him around this season to fill the seats. Regardless, Dunn (.257, 26 HR, 63 RBI) would be a huge addition to the middle of the Cubs’ lineup. The Cubs haven’t had as powerful a cleanup hitter as Dunn since Fred McGriff left town. Sure he strikes out a bunch, as all power hitters do, but he also draws a lot of walks and hits a ton of homeruns. Lee-Dunn-Ramirez would give the Cubs the most formidable 3-4-5 in the league. The one negative about Dunn is that his defense is a liability. Would Piniella and Hendry be willing to look past that?

Proposed Trade:

Jacques Jones Felix Pie, Jake Fox and Donald Veal to Cincinnati

Adam Dunn to Chicago

PITTSBURGH:

1. Xavier Nady (RF)

Analysis:

Nady (.283, 14 HR, 51 RBI) is having a breakout year and the Pirates realize they won’t be able to afford him if he keeps producing. He has a cannon for an arm, would be a perfect fit for the fifth or sixth spot in the Cubs’ order, and he comes relatively cheap ($2.5 million). Plus, he’s a Cub-killer so why not add him to your roster?

Proposed Trade:

Jacques Jones, Jake Fox and Sean Gallagher to Pittsbugh

Xavier Nady to Chicago



SAN FRANCISCO:

1. Matt Morris (SP)
2. Randy Winn (CF)

Analysis:

Matt Morris (7-5, 3.86 ERA) is a pitcher the Cubs know well, being that he used to pitch for the St. Louis Cardinals. Morris, who has found himself in his share of pennant races, would give the Cubs a veteran presence in their rotation. He will be auditioning for playoff contenders tomorrow night at Wrigley.

Randy Winn (.288, 6 HR, 31 RBI), like Lofton, would give the Cubs a true centerfielder to insert into either the second hole or at the bottom of their lineup. He is stellar defensively and would bring the element of speed to the team.

Proposed Trade:

Jacques Jones, Jason Marquis, Ryan Dempster, and Sean Gallagher to San Francisco

Matt Morris and Randy Winn to Chicago

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In my opinion, Meche, Lofton, Morris/Winn, and Nady are the players the Cubs are most likely to bring in at the trade deadline. It should be a fun month for the Cubs as they try to move past the Brewers for first place.Hendry has already brought former all-star catcher Jason Kendall into the fold. Look for him to make another move before July 31st.

Update: It was just reported on ESPN radio that Izturis was sent to the Pirates for a player to be named later. The Cubs then called up AA outfielder Jake Fox, who was hitting .284 with 18 HR and 60 RBI, to take his roster spot. Since this is obviously a showcase for Fox to be eventualy included in a package at the deadline, any trade where Izturis' name popped up, I replaced with Fox. More than likley, multiple teams who are in discussions with Hendry about a deadline-deal have requested they see more of Fox before they accept him in a trade, hence the call-up.