by John Czarnecki

Upshaw through the years

Photos: Gene Upshaw's 25-year tenure as head of the NFL Players' Association will be remembered for the advent of free agency, the expansive growth of the NFL, and unprecedented labor peace. Check out photos of Upshaw through the years as we remember an NFL icon. Retrospective

Granted, there have been several coup attempts in the last decade to usurp Upshaw's power, but the man must have done something right. All we've heard from NFL ownership is that the players are getting too much, leading them to vote unanimously to opt out of their current labor agreement, the last official action of former commissioner Paul Tagliabue.

For all the good these two men — Tagliabue and Upshaw — have done together for labor peace and the overall good of the league, this last deal is keeping the former commissioner out of the Hall of Fame. The Canton voters want to know when this saga will end and, hence, be able to write the final chapter in Tagliabue's NFL legacy.

With Gene gone, where do the two sides go from here?

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Well, as much as I like and respect Richard Berthlesen, the player's legal advocate with the union, I doubt he has much of a chance to succeed Upshaw. Named as the interim director within hours of Upshaw's death, Berthlesen made the most sense because he understands all the inner workings of the union, having worked there for 30 years. But he's a nice man and the union may need someone more ruthless.

It was suggested that maybe both sides would like to push everything back a year — make 2011 the uncapped season instead of 2010 — in order for the union to choose a leader and then for commissioner Roger Goodell and Jeff Pash, his right-hand man, to gain a proper feel for their new adversary. Although there is some logic to a feeling out period, I can't imagine many owners accepting such a delay. It would mean maintaining the status quo — something the owners want to cancel as quickly as possible.

Remember, many of them didn't like the last negotiated deal even when they agreed to it two years ago. I can't imagine the small-market clubs, the ones whose profits are declining as the players collect almost 62 percent of their gross revenues for the next three seasons, like it.

It's a weird alignment among the owners today when Bills owner Ralph Wilson, whose market is shrinking, is on the same voting side as Cowboys owner Jerry Jones. Both want to protect their profits although Jones probably is earning five times what Wilson does. The middle-class owners don't feel as strongly in most cases as those at the financial top and bottom of the league's 32 franchises.

The Upshaw vacuum could lead to some serious infighting. You can bet that super-agent Tom Condon of CAA, who represented Upshaw and many top players like Peyton Manning, will be pushing for Trace Armstrong, a former player turned agent in his firm. Armstrong, who served for many years on the union's executive board, currently represents NFL coaches. I have already heard that Armstrong has been working the phones looking for support.

One of the biggest complaints against Upshaw was his allegiance to the top agents like Condon, who definitely want to maintain the current system in which the top 10 rookies sign exorbitant contracts without having played a down in the NFL.

Condon represented Jake Long and Matt Ryan, the first and third picks, respectively, in this year's draft. Goodell has been outspoken about implementing a rookie wage scale, something akin to the NBA, and Condon would never want that. Many of the veterans I've spoken with, like Eagles safety Brian Dawkins, who is on the current executive board of the union, believe those huge rookie deals eventually help veterans.

"You can't tell me if a young quarterback proves himself as the starter this year that his agent won't be working off the Ryan contract in his next negotiations," Dawkins said.

Armstrong, like ex-Eagles cornerback Troy Vincent and ex-Atlanta offensive tackle Mike Kenn, was once a union president. All three of them will want this job, one that paid Upshaw more than $4 million a season.

Former union president Troy Vincent is expected to want to be Gene Upshaw's replacement as the NFLPA's executive director. (Jim McIsaac / Getty Images)

The serious wild card in the process is where Jeffrey Kessler, the union's top outside attorney, stands on any successor. Kessler has been very antagonistic with some of the NFL negotiators in the past, and there is no question that he is very much feared and respected. He is an outside hired gun, so to speak.

Kessler undoubtedly earns too much in his private practice to assume Upshaw's job, but he could have major influence on the succession of power. His son Andrew currently works in Condon's firm.

Even before Upshaw's death and before the owners opted out of the current deal, there have been rumblings of another strike after more than 15 seasons of labor peace. A few owners feel this is the last resort in order to gain control over the players and secure their financial world.

So there is obviously much as stake in Upshaw's successor. NFL ownership wants to quickly see where they stand with the players, especially with two new stadiums — New York and Dallas — being built and the network TV slice at its peak.

Recently, the owners have kept training-camp rosters to 80 players, much to the chagrin of some personnel and coaches, while also talking about expanding to 17 or 18 regular-season games and implementing a scaled-back rookie wage scale. These are all major issues in future negotiations.

There is no greater corporation in America than the NFL. It has great salaries, health and retirement benefits, and huge popularity. Everyone is going well. A work stoppage might be the worst thing, which is why the union must find the proper voice in order to strike a deal with the owners.

The safety of the golden goose — for both sides — is at stake.