N.F.L. Players May Have an Ally in Their Protests: Labor Law

Oct 12, 2017 · 164 comments
Foco420 (Fort Collins co)
"it must address an issue of relevance to their job". alleged police discrimination/violence when pulling people over and such has no relevance to playing football, sorry but lame story. also do no think disrespecting the flag or anthem does not fall under, "must be carried out using appropriate means". Disrespecting the flag and all the people who fought and died for their rights is defiantly not appropriate. I know alot of you will say that they are not intentionally disrespecting flag or people who fight for our country, but they are. I could spit on someone and tell them i just needed to spit and wasn't disrespecting them, but its still disrespecting them. Im all for fighting against discrimination and violence, but disrespecting others, whether you mean to or not is not the appropriate way to do it. Maybe these players should band together, run commercials and such about police violence and discrimination, hold rallies and such, this would be a great to address it, bring attention to the issues and more people would be willing to listen because they wouldnt be disrespecting. Not saying the players are wrong for standing up for issues that need addressed, just saying they are going about it in a very wrong way when the majority are being disrespected by their actions.
N. C. Bosch (Palo Alto, CA.)
Sports franchises are private companies that adopted the practice of beginning their games with the national anthem. Essentially they are "wrapping themselves in the flag." Are there other private companies where you are forced to stand for the national anthem before you begin work? In all my working years, I've never had an employer play the national anthem before work nor have I been required to salute the flag or stand in a working environment. The current veering off the subject of Mr. Kapernick's original intention is absurd. And what is equally absurd is Mr. Trump's ability to promulgate dysfunction by constantly changing the subject on any discussion. Really, the media and citizenry are acting like cats chasing the laser pointer light on the floor. Trump, however one may feel about him, must be really entertaining himself with the fact that he can have so much control. The true gravitas is with Mr. Kapernick, his fellow players and their individual responses. The rest is just a moving laser light on the floor.
Anne Smith (SC)
I'm so glad you point this out. I think laws pertaining to ETHICS and DISCRIMINATION should be of great concern to these NFL owners. If they really are men who care more about $$$$$$ than actual American values (freedom of expression), they might want to consider the very large amounts they risk losing to lawsuits when they move to control so much as a hair on the head of a peacefully kneeling protester.
Bud Williams (LA)
The Supreme Court has always been of the same mind on the issue of workplace Free Speech... there isn't any. Speech can be limited according to "Time and Place" but not "Content", during the Work time and in the Work Place, even Union employees can be denied the right to wear union buttons and have other banners and such in the workplace. The Workplace belongs to the Employer, and they have near total control over it. Employees are being paid to work, not create disturbances in the workplace. If employees don't work they can be fired. If workers decide t take over the Employer's workplace, they can be fire. When have the Court's held differently? No employee has the right to associate his employer and or workplace with their own political belief.
Ken Duffield (Gainesville, Florida)
I'd like to see the entire Cowboy team take a knee. Maybe Jerry Jones and the cheerleaders would play?
Gabrielle Rose (Philadelphia, PA)
Donald Trump is as toxic to people of color as Harvey Weinstein is to women. His rants about the NFL fall in the same league as his rants about ACA and Puerto Rico. The difference is that NFL players have more power in this case that anyone seems to talk about. If they all take a knee, what will the owners do? Suspend every black player? Hardly. And only a Trump supporter would believe that advertisers and fans will abandon the sport because of this innocuous and quiet, respectful protest. I seriously doubt many of them even watch football, they're just content to spout off about it. It reminds me of the protests and calls to boycott Martin Scorsese's "Last Temptation of Christ" before it was even released. And there are many other similar, more recent attempts by a loudmouth minority of bigots and boors to impose their will on the rest of society.
JDE (DC)
This is the bottom line. These players couldn't care less about the social injustice of the minority community. If they did they would be in the minority communities in the off season working hand in hand with people that really need there help. In addition, opening their pocket books to the local community centers, churches, medical centers etc. This is a fake protest and I pay to see them play and that's it. I don't pay to hear there problems. Let them Mom pat them on the head and tell them it's going to be OK.
Maynnews (The Left Coast)
Back in the day, "The Star Spangled Banner" evoked the feelings of standing up for what brought "life, liberty, and the pursuit of happiness" into being. But, that pretty much died in the '60's with the internal conflicts related to the Vietnam War and the Civil Rights Movement. America lost the ability to "walk its talk". Instead of being a unifying song, the anthem now evokes feelings of protest and cynicism. Furthermore, it's a pretty hard tune to sing. Why not replace it with something that calls people together, a song actually inspiring unity and love? Maybe the refrain from "Come on People Now, Smile on Your Brother...." would fill the bill (see https://www.youtube.com/watch?v=V5-2-Xh0wxk). Just a suggestion .... let's have a "Name That Tune" contest and choose a song that is more appropriate for this time and place. Let's "Make America Rock Again!"
Max Shapiro (Brooklyn)
Do people who watch sports on TV or listen to the plays on the radio in the car stand up to show respect when The Star Spangled Banner is performed? Do they shift in their seats or bow their heads, rather than stand up? Most of the country, I would guess, enjoys the right to ignore the tune and can't recite the lyrics anyway. Does everyone in the neighborhood, trailer park, bar and luncheonette get up when the upbeat sounds (dotted eighth and sixteenth notes) or do they reach a full stand in time with each quarter note as it reaches the high not of the triad? Do the wealthy stand, or do they pay their servants to stand for them? And why did Pense spend our tax money to go to a football game in Indiana and then just leave? Isn't it the height of unpatriotic cheek to make your fellow Americans pay for your travel and your seats and then just walk out without even watching the game?
courther (USA)
Noam Scheiber. You are missing the point. It doesn't matter who ally with the players protesting social injustices by disrespecting the American flag or national anthem. The entire issue rest with Americans supporting the NFL league. He who has the gold makes the rule. If Americans protest the NFL players kneeling at games the NFL revenue will dry up. At the end of the day the NFL will only listen when money starts talking. When a loss of revenue starts occurring in the NFL players will have no choice. Labor laws in the US are not worth the paper they are written on.
Ben (NYC)
To any NFL owners who may be considering punitive steps against kneeling players....Are you planning to halt raking in money from grossly overpriced food, drinks and souvenirs while the anthem is played? To the fans on line for those concessions or still tailgating in the parking lot or busy getting more cheese dip at home, will you also pause for the anthem as well? Oh yeah and take your hats off and put your smartphones away too?
OZ (USA)
The Republican President has tweeted in excess of 30 times on the NFL in the last few weeks, in spite of the growing concerns about: His fight with North Korea, Iran Nuclear Deal, Reasonably Priced Healthcare Coverage for All, Puerto Rican Aid, the Huge National Debt, Immoral Immigration Actions, Russian Influence in our Democracy, Wildfires in California, He and his Greedy, Little, and Inept Minions lining their Pockets with Taxpayer Money. Enough about the NFL, the system will self correct, get with solving some real world problems! People, if you're not outraged at what this Republican President and Congress are doing, you're not paying attention!
Rich Patrock (Kingsville, TX)
Trump will just sign an executive order.
Walter Ingram (Western MD)
Not to worry. We have Elizabeth Chao to protect American workers.
pequaredmike (massapequa ny)
The duration of the protest will be determined by TV ratings and not by labor laws. The success of the protest has already been proven to be a failure. It's the economy stupid.
Max (Palo Alto CA)
That Pence stunt of flying cross country in order to stage a "protest" walk out was so childish that it doesn't warrant any commenting, but I'm forced to do it anyway do help point out once again the stupidity and arrogance of this entire administration. Making true the saying that "...rots from the head down." I guess Pence is the neck, next in line.
HapinOregon (Southwest Corner of Oregon)
Thoughts: The national anthem is an ode to war with the music of a British drinking song. “This Land is Your Land” by Woody Guthrie is much more symbolic of what America should aspire to be. The flag is a symbol, often seen as/on shirts, pants, bandanas, bumper stickers, flown by self-admitted racists as well religious groups of various beliefs. The Christian cross, symbol of God’s love, death & rebirth, sin and redemption is used by bigots as a tool inducing hatred and fear. For the Hindus and Buddhists in India and other Asian countries, the swastika was an important symbol for many thousands of years, depending on left/right orientation, of Good & Evil. Than Hitler appropriated it... Don’t get your knickers in a knot over tribal symbols and anthems. DO get your kickers in a knot over those who would abuse them and force belief in them...
haleys51 (Dayton, OH)
“Why should they ask me to put on a uniform and go ten thousand miles from home and drop bombs and bullets on brown people in Vietnam while so-called Negro people in Louisville are treated like dogs and denied simple human rights? No, I am not going ten thousand miles from home to help murder and burn another poor nation simply to continue the domination of white slave masters of the darker people the world over. This is the day when such evils must come to an end. I have been warned that to take such a stand would put my prestige in jeopardy and could cause me to lose millions of dollars which should accrue to me as the champion. But I have said it once and I will say it again. The real enemy of my people is right here. I will not disgrace my religion, my people or myself by becoming a tool to enslave those who are fighting for their own justice, freedom and equality… If I thought the war was going to bring freedom and equality to 22 million of my people they wouldn’t have to draft me, I’d join tomorrow. But I either have to obey the laws of the land or the laws of Allah. I have nothing to lose by standing up for my beliefs. So I’ll go to jail. We’ve been in jail for four hundred years.” Muhammad Ali refuses to fight in Vietnam (1967)
J (NJ)
The players may have labor law on their side, but lets see how quickly they fold once they start losing their jobs as viewership declines. So long as the players think it is wise to disrespect the anthem and the many men and women, of all colors and races, who gave their lives for this country, the NFL is dead to me.
R (ABQ)
If the owners suspend or fire those who kneel, who will be left to play the game? They fail to realize what makes the game so exciting, it ain't the owners.
CGR (Laguna Beach)
At what point does the player actually go on the clock? When they arrive at the publicly held stadium that is leased by the privately held team owner? When they put on the uniform? When they enter the playing field? When the anthem is played? When the clock starts?
Dolcefire (San Jose)
The players are exempt employees paid annually for completion of contract terms. Exempt employees are exempt from hourly wages and overtime pay received by non-exempt employees. There is no official start ir stop time for exempt employees. There are only the contracted requirements to fulfill under the definition of professional duties.
Sherry Linkon (Washington, DC)
Look who filed the ULP. It was a union that does not directly represent the players rather a union that represents service and other workers that are not ordinarily represented by others unions or too small to be organized. This shows the importance of the case to all employees and raises the question of where was NFLPA. NFLPA is often considered the weakest of the sport unions.
Catholic and Conservative (Stamford, Ct.)
All of the examples offered take place outside of the workplace (Facebook, Twitter, etc). None of the examples provide precedent for inappropriate behavior on the job. Wearing the uniform on the field is "on the job". If these players want to get together off the job and do their thing that is within their rights. Maybe de blasio can host them at City Hall, they can kneel, arms locked, while the mayor plays the National Anthem and raises the American Flag.
Kathy M (Portland Oregon)
If we are a nation of laws then the multiple challenges we face from Trump’s attempts to strip us of everything we hold dear, should offer us the chance to reinforce our commitment to democracy. From the peaceful protests of NFL players, to aid to Puerto Rico, to health care reform, to treaties with foreign powers, and so much more, we are being challenged to stand up for America and do the right thing. Using our constitutional right to speak up without recrimination is the way for the average American to begin doing the right thing. It’s not easy is it?
John Weston Parry, sportpathologies.com (Silver Spring, MD)
Traditionally, spectator sports, especially football, have been used to support the military and to recruit soldiers for combat, which is an important reason why every major sporting event plays the National Anthem and why many also give special salutes to our soldiers. Thus, it is extremely unlikely that this tradition will be changed. At the same time, the U.S. has a rich tradition, ESPN not withstanding, of allowing employees to express themselves outside the workplace without fear of reprisals. However, those rights are limited when it comes to political expressions on-the-job. Players probably can choose not to participate at all, but it is questionable whether they can participate by protesting.
Bruce Maier (Shoreham, BY)
Did you read the article? Moreover, this is NOT political. This is not about GOP or DEMs, this is about how black people are treated. Calling it political suggests that there is a political connection. Unfortunately, for the GOP, that has merit.
John W (San Jose)
IMO this would be a non problem if they did not play the anthem at the start of NFL games. The NFL is not a nation vs nation competition, and players can be non us citizens, so why do we play it? If you look abroad, national anthems are typically not played for big or small domestic sporting events.
Dan Bruce (Atlanta)
Labor law is the answer. The time has come for a union of fans. If millions of fans worked together as a union, we could call the shots on pro sports and put the emphasis back where it should be, on the fans and sportsmanship. What passes for pro sports today is nothing more than organized greed and runaway ego. A fan union could restore balance to an out of control system. Lower prices, no politics, etc. Anyone else interested?
mjb (Tucson)
Stay the course, NFL players. Do NOT stop this protest and this solidarity. This is a worthwhile statement, and needs to be made again and again until ALL LIVES MATTER. Black, Puerto Rican, Syrian, Iraqi, African, Haitian, Central American, Rohingya, and yes, White, Brown, Red, Yellow, Green, whatever the color.
Richard (Arizona)
I am a Navy veteran ('65-'69) and a retired field (trial) attorney for the Phoenix Region (28) of the National Labor Relations Board (Board) (1995 -2010). I am well-versed in the NLRA (Act), the case law issued by the five member Board that interprets the Act, and the meaning of "protected concerted activity." (PCA). I litigated more than a dozen Unfair Labor Practice (ULP) Complaints and won 90% of them. All but two were against employers who violated their employees' Section 7 rights (for engaging in PCA). I know what constitutes "protected concerted activity." The Act protects all employees, (as defined in the Act) including multi-millionaire players, who engage in "protected concerted activity . . . " regarding their "wages and hours and other terms and conditions of employment." Tthe author mentions just a few of the dozens of Board cases that are germane to the issue at hand. But even assuming the player's conduct was not protected (but the facts and case law suggest that it is), the NFL owners seem to have forgotten that they are parties to a collective bargaining agreement (CBA) with the NFL Player's Association (Union). The parties' CBA surely contains a Section that addresses player discipline and describes the specific conduct that may result in discipline. It is unlikely that "demonstrating disrespect for the flag of the United States" is prohibited. Thus, if the Owners act unilaterally, the Union will likely file a ULP charge.
Dan Bruce (Atlanta)
How does protesting social injustice in the general society translate into players "wages and hours and other terms and conditions of employment"? That's a stretch.
Leave Capitalism Alone (Long Island NY)
If they do it during working hours or while identifying themselves as part of the organization, the application is clear.
John Kretzschmar (Nebraska)
There are another couple of parts of the "mutually agreed to" collective bargaining agreement (CBA) that may come into play: the union recognition clause and the grievance procedure. CBAs must cover issues related to wages, hours, and other terms and conditions of employment. The NLRA prohibits management from making unilateral changes to any of those while a CBA is in effect. Management must avoid making any changes in "terms of employment" until the CBA expires. The union recognition clause means the union is the EXCLUSIVE bargaining agent for ALL bargaining unit members. The grievance clause says any discipline for bargaining unit employees must be for "just cause." This is meant to mean managment has the responsibiliy to prove it had "good and sufficient reason" for any and all discipline it hands out. Not sure that kneeling or linking arms to make the claim (rightful in my opinion) that as a nation we are not yet at a place where the playing field is level and the roadblocks on the path to the American Dream have been removed...would merit any discipline.
older and wiser (NY, NY)
Just imagine the productivity increase from millions of Americans tuning out the NFL. I don't get to demonstrate my politics in my job, and neither should the grossly overpaid football players.
brownpelican28 (Angleton, Texas)
Yeah, I have finally tuned out the National Football league, and returned to the productive environment of my art studio. The mix of fine, cool jazz mixed with refreshing creative energies is just too satisfying to miss on laid-back Sundays! Get the picture, guys?
SS (New York City)
Huh. At your job, they play the national anthem at the beginning of the work day and require that you stand for it? I'd get a lawyer.
older and wiser (NY, NY)
I have no objection to requiring me to stand for the national anthem at the beginning of my workday. I'm a proud American.
Don Shipp. (Homestead Florida)
"If there is any fixed star in our constitutional constellation it is that no official... can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion" Justice Robert Jackson, West Virginia State B.O.E. v. Barnette The players in the NFL should respond with "immediate defiance" to any owner's mandate which deprives them of their freedom of expression. It's outrageous. While it's true that the NFL is a private business, this is not a totalitarian state. The image of wealthy white men forcing a group of hired black men, no matter how well paid, to do their bidding ,on an issue of conscience, evokes indelible historical images of America's "coffled" racial past.
Bruce Maier (Shoreham, BY)
What else would you expect from the elected 'king' of our country. He doesn't have any other way of imaging how to be President, who said that the KKK and the Neo-Nazies were just as bad as those protesting them. It thus appears that he favors mistreatment up to killing of blacks and jews. Since the protesters are largely black, or protesting the treatment of black, why is anyone surprised. He is a class A bigot.
Leave Capitalism Alone (Long Island NY)
Politically, they can say or do anything they want just not at work. Can I take a knee during a meeting in my employer's conference room? Can the drive through clerk at the local fast food joint exhort you to go out and vote on Election Day, as innocuous as that might seem? Would your plumber get away wearing a black arm band while services his day's appointments this past January 20th?
Don Shipp. (Homestead Florida)
@LCA Are you aware that starting in 2009 the military began to subsidize so called " patriotic displays" by NFL teams funded by tax payer dollars?. Isn't that at work?
John Quixote (NY NY)
What do we stand for Messrs Pence and Goodell? We stand for justice for all. We stand for equal rights under the law. We stand for the common good and welfare. We stand for freedom to dissent. We stand for fairness. We stand for brotherhood, sisterhood and human decency toward others. We stand for truth. We stand for freedom of and from religion. We stand for freedom from want. We stand for the words that all people are created equal. We stand for the respect for the workers upon whose backs we build our economy and our leisure. Think about the odds of becoming a professional football player and those hundreds who risked their bodies and brains and dedicated their lives for our enjoyment- surely they are entitled to peacefully remind us that there is more to our lives than a hundred yards.
Leave Capitalism Alone (Long Island NY)
My last Commanding Officer said it best when he'd tell us "You might be right, but that doesn't mean I have to let you get away with it." He was regularly visited by the IG and base personnel office on all manner of treatment issues but the blowback was always far worse than the "rights" being "protected." It's often best to just go with the flow.
AnnS (MI)
Ummmm ..... NO Collective activity must be about the employees' wage, hours and terms and conditions of employment These over-paid football players are NOT protesting their wages, their hours or their terms and conditions of employment. Why am I so sure that their melodramatic histrionics are NOT protected? I was an NLRB trial attorney and worked in this area of law for nearly 40 years. And the law in question would be the NLRA which is enforced by the NLRB (Can't believe the NYT pays any attention to these over-paid, under-educated thugs ---- it spends enough time shrieking that football players are brain-damaged from the sport)
Brandi (Minneapolis)
Ummm....MAYBE. Yes, concerted activity must generally concern wages or other terms and conditions of employment, and a protest about mistreatment of African Americans by police doesn't meet that criteria, Trump managed to change the focus of the protest by calling for the NFL to fire the players. That caused the display of unity among players (even those not kneeling), in the face of Trump urging the NFL to terminate them. So, your simplistic conclusion that the players are not protected is not so clear. You say you were an NLRB trial attorney and "worked in this area of law for nearly 40 years." Based on your comments about "over-paid, under-educated thugs" and "melodramatic histrionics", I suspect most of those 40 years were not spent working at the NLRB, but perhaps at some elite Employer lawfirm whose role was to bust unions. In my nearly 40 years working in that area of law (ALL of which was at the NLRB), I never heard NLRB employees making such disrespectful comments about employees even when ultimately they had not been wronged by their employers.
Richard (Arizona)
See my post above from 14 minutes ago. You claim to have worked 40 years as an NLRB field attorney. In what Region did you work? Your response about PCA suggests otherwise. As noted, I served 16 years (1995-2010) in Region 28. It had (and still has) the busiest trial calendar in the agency by far. If your RD would not have issued complaint on the facts here, I must conclude that he or she was an individual who had no interest in enforcing the Act. Region 28's RD in the 80's was Milo Price, who seldom, if ever, issued a Complaint against an employer.
SS (New York City)
Ummm...."thugs"? (Can't believe you were allowed to practice law. There are enough racists in the system as it is without having them in the NLRB arena.)
BIg Brother's Big Brother (on this page monitoring your behavior)
. It would be nice to live in a world where people could express themselves without fear of retaliation > saying "I think women are unqualified due to XYZ" or saying "I think women are qualified due to ABC"....both viewpoint would be protected > kneeling during the anthem for WHATEVER reason (they're your knees, aren't they?) the core message that needs to be widely distributed is that just because you don't like someone's message, you can't prohibit her or him from conveying it live and let live you say what you want, I'll say what I want, and if I don't like what you are saying, I'll listen to someone else. You do the same. .
Leave Capitalism Alone (Long Island NY)
They can say it, just not at work or while clearly representing their employer.
rosa (ca)
Simple solution to this: Stop militarizing sports. No Blue Angel's flyovers - that's my tax money they burn up. No Honor Guards bearing Federal and State flags and guns. No "God Bless America" in the Seventh Inning. No "Star-spangled Banner". As for "taking the knee", I absolutely stand with every player who is protesting the militarization of the police and the role that that plays in the violence from police to the communities that they are supposed to serve. Cops today are not the "Officer Bobby" that I learned about in my "Dick and Jane", over 60 years ago. Him, I would have called. Today, I would not and will not. The police community has a lot to answer for in the degradation of that profession. The "Thin Blue Line" has become a vast inland sea and I live on the other side of that blue water. Like every other Institution in this country, the police need to look elsewhere for safe policing methods. Try England. Sweden. Iceland. Stop with the same methods that aren't working in Saudi Arabia, Turkey or Afghanistan. Worse, are the cops that use the splatter cop movies as their training. And, pay no attention to that man over there, the Hater-In-Chief, that curses people and pretends he knows where Pence hid the copy of the Constitution. And, if the NFL can't follow the Constitution - then jerk their non-profit status. Between them, the churches and the Koch Brother's non-profits, I can't afford this country anymore. And they should be the ones to hit the road, not me.
Leave Capitalism Alone (Long Island NY)
Or, you could fastidiously obey the law, not "hang out" in public spaces and be off the streets at a decent hour. My life of work, eat, sleep, repeat has kept me out of trouble for the past 60 years.
Max Shapiro (Brooklyn)
Instead of kneeling in protest, why don't the players of opposing teams just join hands and sing the national anthem, together? Forget the sport. There are bigger and more important matters our sports leadership are thinking about than amusing a bunch of couch potatoes. Lift every voice!
SS (New York City)
That's a great idea - they could join for "Lift Every Voice and Sing." Because that would go over well with people who don't want them to kneel.
Concerned citizen (Lake Frederick VA)
A sign of respect is meaningful only if it is freely given. If it is compelled, by an employer or worse, by a government, it means nothing. I CHOOSE to stand for the national anthem because I want to show respect for it. But if people choose not to stand, in protest of police brutality or unfair incarceration rates of African Americans, they should be allowed the right to express this form of peaceful protest.. Because this is America, not North Korea, and people still have a choice. If President Trump succeeeds in intimidating athletes into abandoning their respectful kneeling during the National Anthem, then the act of everyone else who choose to stand becomes a meaningless exercise. just a forced act
hen3ry (Westchester County, NY)
President Trump is not the only person in America who has the right to say whatever he wants or do whatever he wants within reason. Professional athletes have the same rights. And compared to what's going on in the rest of the country and the world, kneeling for the national anthem is nothing. This is not worth the time, energy, and grandstanding that the GOP or Trump is devoting to it. In fact, one way to avoid having things blown out of proportion would be to take away Trump's Twitter account. The political discourse in America might return to something more normal if Trump was forced to rest his overworked twitter fingers. Last but not least, it won't hurt America or our patriotic feelings if athletes kneel during the national anthem. Any politician who thinks that patriotism requires complete agreement with whatever a country does needs to read up on civil disobedience and grow a thicker skin. Protest is allowed in America even if Trump, Pence, and the others don't like it.
Stanley Mazaroff (Baltimore)
The question of whether the players have a right under the National Labor Relations Act to kneel together during the national anthem after coming into the stadium full of paying football fans and shortly before the game begins turns on the basic question of whether they are at work at this time. Employees have the right to engage in collective action but not when they are supposed to be working. For example, a group of employees working on a production line have the right to protest against low wages or discrimination by their employer before or after work and/or go on strike against their employer but they do not have the right to report for work, enter the workplace, demonstrate while they are supposed to be working, and not do their job. Stated otherwise, do the football players have a duty as part of their job to stand and salute the flag. That's the legal question that needs to be answered. I offer this view as a retired labor lawyer and former law school professor of equal employment law. Stanley Mazaroff
Seneca (NYC)
I thought the article answered that question: "The league’s operations manual says players must be on the sidelines during the anthem and should stand." So they must be there for the anthem and "should" (but not must) stand. Sounds like the anthem is a term and condition of employment.
John Battin (Fort Myers, FL)
I note that super-patriot Jerry Jones, like President Trump, avoided military service during the VietNam war.
Mike (NJ)
This is much ado about nothing. It's ridiculous, actually, especially given that the US has more pressing problems than players, or for that matter any individual, not standing for the national anthem. Is it bad manners not to stand? Yes, in my opinion, but the right of peaceful protest is well established and standing or not standing is a decision that each individual must make for himself or herself. If the requirement to stand is in a player's contract then it's open and shut. If not, it's a matter of conscience.
Lord Ligonier (Seattle)
This is simply awesome. The NFL has now been wedded to BLM. To millions of Americans they are contemptuous of the most respected institutions and values that they hold dear. Unbelievably, they are now going to pull labor down with them. I simply cannot believe how tone-deaf the left has become. It's as if they NEVER want to capture the White House again. Thank you, thank you, thank you !
One of Many (Hoosier Heartland)
BLM is not the real thrust of this now, Lord Ligonier... Donald Trump and Mike Pence are. BLM was pre-emptied when Trump opened his mouth. At less than 35% favorability, Trump can only benefit during football season and as long as demonstrations persist. This won't an issue in 2018.
Toni (Florida)
Watching NFL games on TV is a discretionary form of entertainment, and if you attend a game in person, it is an expensive choice. Many factors coalesce to determine how people spend their discretionary time and money. As the impositions placed on each fan's conscience rise (CTE, players kneeling, claims of racism, gender equality, tax benefits for stadiums, etc) the hurdles to relaxation and enjoyment become too high and so, first with a trickle, and then, too late, with a flood, fans abandon the game. Take a look at attendance for NFL games in California and the newest TV ratings for NFL football. The exodus of fans has begun, will continue and will not soon return. The end of the NFL has begun.
Bj (Washington,dc)
Horrifyingly, many commenters espouse views that mirror those actively pushed by Russian bots/trolls during the campaign and since, but sadly these commenters think they have original thoughts. No one but Trump had equated kneeling with being anti-patriotic , anti-flag, or anti-veteran . This is the precise racial and political divide that Putin and Trump revel in. Another Sad Day in the U.S.
haleys51 (Dayton, OH)
The rights of an employee enumerated in a employment contract between two private parties be they union or not cannot abrogate an employees rights under Federal law.
Jerry Engelbach (Mexico)
One would think this to be true. But the Trump administration is trying to make it legal for one to be forced to bargain away one's own rights.
AnnS (MI)
And they do NOT have the right to engage in political activity on the employer's time under Federal Law And NO - this is NOT collective action by employees that is protected by the NLRA. This is NOT collective action about their wages, their hours of work or their terms and conditions of employment. I was an NLRB trial attorney (the agency that enforces the NLRA) No one who is not highly skilled in that area of law should ever go around giving opinions about it (and yeah that is even a question on the bar exam and the answer is send the client to a specialist in the NLRA)
haleys51 (Dayton, OH)
Maybe I should have narrowed my comment down to reflect what my thoughts were. The rights of an employee enumerated in a employment contract between two private parties be they union or not cannot abrogate an employees labor rights enshrined in Federal labor law.
Eric (Edmonton AB)
NFL players, Instead of kneeling at a game and taking the focus off sport, how about taking initiative at the ballot box the next election day?? Kneeling shows you are doing a poor job of trying to exert your influence on others and you didn't get anything out of your college degrees.
Jerry Engelbach (Mexico)
How do you know these players are not taking the initiative at the ballot box? Every public display of opposition to Trump strengthens that opposition.
DC (Ct)
How dare people speak out and express their opinion,what do they think they live in America.
Honeybee (Dallas)
Do you not get this? The PUBLIC is walking away and spending their money elsewhere. Pretty soon, the athletes will be enjoying their right to protest...in empty stadiums.
Kathleen (Massachusetts)
No one is leaving, and the waiting list for a seat at Gillette Stadium is plenty long enough to cover anyone who gives up their seat over this -- and then some.
susan (nyc)
Check out any game played at Lambeau Field. Sold out and there is a 30 year waiting list to get Green Bay Packers season tickets. No one in Green Bay, Wisconsin is walking away from the team.
Jerry Engelbach (Mexico)
Completely untrue. Attendance at NFL games is actually up. At any rate, it's the owners who will lose money if the fans drop off. They still have to pay the players their contracted salaries.
daniel r potter (san jose california)
my heats and prayers are with the players. having stated that they do not need to Dance for Massa. sorry but there is no other Apt word for the way their protest is being treated by their employers. we are still all Americans with this right.
Joseph Barnett (Sacramento)
Protest is patriotic. No one is protesting the flag or anthem. Everyone should be protesting an abusive legal system. Even if it was only one officer out of a million who abused a person because of their race, we should protest it. Silent, non violent kneeling during the National Anthem is courageous; attempting to bully people to stop it by threatening their income is cowardly. No one is disrespect a veteran when they silently protest for justice, it would be an insult not to.
John (Pittsburgh/Cologne)
These protests are driving WI, MI, OH, and PA even more strongly to Trump, not to mention solidifying his base across the country. I'm shocked at the tone deafness of liberals on this issue. Or maybe they just don't want to win in 2020?
Bj (Washington,dc)
If this is the most important issue in OH, PA, WI and MI then we should be worried about the poor education in these states where people are focusing on the "shiney penny" and not on the real problems facing the US here and abroad.
GMR (Atlanta)
While the NFL is in the spotlight over its players standing or kneeling for the national anthem, we should think about how this highly profitable and political organization avoids paying its fair share of US corporate income taxes because of its tax exempt status. This is a travesty and should have us all kneeling in protest when the national anthem is played until their tax exempt status is revoked and they pay their fair share. When the Donald picks on the players, does he even know the NFL pays no federal income taxes?
Bj (Washington,dc)
Haven't you kept up with the tax law that was changed in 2015? And let's do away with tax exemption for religious -related institutions (ok for actual church but not their myriad of businesses).
GMR (Atlanta)
To clarify, the NFL League Office is tax exempt, not the NFL teams (the NFL teams gave up their tax exempt status in 2015). Still, Forbes has reported that the income of the NFL League Office was 326 million in 2012. They should be paying federal income taxes.
rosa (ca)
They are the Number One non-profit in the USA. Think on THAT!
susan (nyc)
Apparently Jerry Jones is fine with his players being involved of domestic abuse but he has issues with players kneeling during the national anthem. And I wish the media would stop calling the Dallas Cowboys "America's team." They are not my team. My team is the Green Bay Packers and they and QB Aaron Rodgers "own" the Dallas Cowboys.
End-the-spin (Twin Cities)
Jerry "Count me in with Trump and Sessions" Jones is the only NFL owner who believes it is right for the President and Vice President of the United States to protest people exercising their First Amendment Rights. Shockingly, the NBA Commissioner is in the White Supremacist's camp, too.
Adrian Elliott (Spring Valley, Wi)
So those that disagree with the kneelers have no right of free speech about the kneelers? Another that the 1st Amendment is only for those that agree with you.
Adrian Elliott (Spring Valley, Wi)
So they kneel, spitting in the face of all Veterans. Far from getting people behind the alleged cause, they create division. The wife beaters are getting no support from me.
Sid (Austin)
To imply that kneeling during the national anthem is spitting in the face of all Veterans would come as a huge surprise to my dad, a 95 year old WWII combat veteran who honors the 1st amendment above all others. To wrap themselves in the flag, while decimating the middle class, make me wonder, what is the real motive here, and who are Trump and Pence trying to manipulate? And why? You've got Kid Rock prancing around in a flag and no one is protesting that desecration. Oh yeah, he's not black.
John Conroy (Los Angeles)
I see you've bought into the false framing that Trump and his deluded backers have tried to promulgate. I have family on active duty overseas, and they are there supporting the rights that all Americans are guaranteed under our Constitution. This includes the right to free speech. I suggest you stop waving the bloody shirt.
Heidi Haaland (Minneapolis)
Actually, 'taking a knee' grew out of a discussion between Colin Kaepernick and an Army Veteran named Nate Boyer, who suggested it-- it is modeled after the presentation of the flag to family members at military funerals, a gesture of respect.
GCM (Newport Beach, CA)
I can hear the howls from the right already, if this becomes a labor law issue. Can't the players and teams find a way to provide a truly meaningful forum for expression before or after the anthem, that would give dignity to the players and not feed the dragon (in the White House)? I for one would be delighted to hear a fabulous vocalist singing a meaningful peaceful "protest" song after the anthem, with players on their knees in solidarity and the audience on its feet swaying with the music. What would Martin Luther King or Mandela or Bob Dylan have suggested?
J Jones (OK)
It baffles the brain how a blue/white collar worker objects to a Union. They must not know the history of Unions (they gave us the 40 hour work week, breaks during the day, overtime pay, safety conditions, child labor laws, sick/vacation time, etc. ) . Corporations/companies don't do this out of the goodness of their hearts, folks. GET SMART - JOIN A UNION NOW!
Scott Liebling (Houston)
It indeed is baffling, but the study of irrational decision making was just found worthy of a Nobel Prize.
SteveRR (CA)
Unions kills jobs and innovation - take a slow drive through Detroit or any other union town.
Peter Wolf (New York City)
Who needs "bombs bursting in air?" Sounds like Trumps "fire and fury." The first words of the Constitution are: "We the People of the United States, in Order to form a more perfect Union..." The purpose of taking a knee by the players is to create "a more perfect Union," in this case, equal justice and equal treatment by law enforcement. Not a perfect union, as that is impossible, but one that becomes more and more perfect over time. To bend the moral arc of history towards justice. As such, taking a knee is more patriotic than pretending that the U.S. is perfect while worshiping an idol of cloth.
rjd (nyc)
Ridiculous. It's over. No one can force the NFL players to do something that they themselves don't believe in & don't want to do....ie: Stand for the Anthem. Now if they are forced to stand for the anthem, they will be extremely resentful and it will most likely affect their play. At the same time, the fans will not believe that the players are standing of their own accord and they will question the sincerity and the credibility of the players. A lose /lose situation. You can take this issue to any amount of lawyers, union reps, or even the Supreme Court if you like. But in the end, the schism that has been created by everyone involved has now resulted in irreparable damage to the NFL Brand. If the players truly believe in their cause then they should be willing to accept the consequences. If the fans still want to attend games in light of the protests then that will be their choice. And the League and its owners will reap their just rewards for the ham handed manner in which this entire fiasco has been handled.
Jim (Chicago)
I don't think when Colin Kaepernick and a handful of others took a knee, it could be considered "related to their job." However, since the President decided to wade into the controversy, it seems that it is now fair game.
brupic (nara/greensville)
jim...this is a complete non issue. trump and his gang have seized on this 'issue' to pump up 'patriots' who believe if you don't agree with them you're unpatriotic. and, of course, the usa as a culture goes cross-eyed with fury if somebody dares exercise their rights to protest in a way that many of the 'folks' don't like. ANY criticism of the usa would be included in that. can't be wrong if god is on your side.
FredO (La Jolla)
Game over---the protesting players lose. Would you tolerate your pilot espousing his or her political opinions mid-flight, or your surgeon giving you an earful right before a procedure ? Some grandstanding rhetoric from your waiter along with the appetizer ?
rosa (ca)
I don't recall an incident of any of those professions ever being required to stand for the National Anthem when they reported for work.
D.A.Oh (Middle America)
What opinions? What earful? It's a silent protest during a pregame nationalistic ritual. The players have gotten a ton of press -- this means they WON!
Louis Genevie (New York, NY)
FredO you are totally right. There is a time and place for everything and the NFL players using the TV platform, which they do not own, to advertise their beliefs is the wrong place and the wrong time. They are wealthy people and have many alternatives to expressing their opinions, like buying TV time or newsprint pages. Better yet, how about if they banded together and used some of their money to help the kids in the inner city?
mB (Charlottesville, VA)
NFL players may also have a simple but powerful mass tort action against all appropriate parties: interference with contractual/employment relations. mB, SCOTUS practitioner
MLH (DE)
I think some history is needed here. Trump is harkening back to the McCarthy Era. Coming out of that era it was the custom in my school to ask students to say the Pledge of Allegiance to the flag at the beginning of school each day. As I remember we were supposed to stand and place our hands over our heart as we recited. But even in the fifth grade I knew something about the Constitution and I was bothered by the phrase "one nation under God". I remember thinking that our Constitution said keep God and religion out of government. And why did we need to pledge "allegiance". I remember thinking that I did not want to do this just based on principle. Now mind you I lived a very blessed, safe and privileged life, But if I had been Colin Kaepernick, I am sure I would have made a stand. Hh is not out burning down the Capitol building, or assassinating someone, he is simply making a statement and I cannot think of anything more responsible, American or commendable!!!
rosa (ca)
When I was a child we pledged Allegiance and did the 23rd Psalm. However, I am old enough that I remember learning the Pledge - and then had to learn a new one the next year - when the phrase "Under God" was added. Talk about "history"!
John (LINY)
The under God part was added in 1954 as an atheist I’ve left it off for years.
rosa (ca)
Until president Bone-Spur mandates that every person in the West Wing stand for the National Anthem every morning when THEY and HIMSHIP THE FOUL MOUTHED, report for work, then he should just sit down and be quiet. (Of course, it wouldn't be the National Anthem that he would require - it would be the Russian Anthem....)
brupic (nara/greensville)
i wondered when we'd finally see a story about trump's bloviating as it pertained to labour laws as well as the law in general.
Toni (Florida)
The NFL is on the short list for extinction. The evolution of data on CTE in Football players will eventually bankrupt and end this sport, the prior settlement with the player's union notwithstanding. Lawyers are standing by to complete this task. Now, in addition to scientifically proven brain injuries to players, fans now have to contend with political statements imposed on them, by players of a game intended to entertain fans, not lecture them. In spite of their original intentm these statements are sure to accelerate the NFL's already apparent demise and thereby extinguish their lucrative profession.
scsmits (Orangeburg, SC)
@Toni A few minutes BEFORE the game even begins is an imposition. Please. What were all of the "fans" doing in years past while the national anthem was being played?
Pamela (Washington)
During the anthem the lines at the concession stands are packed with folks getting beer and snacks.
robert conger (mi)
Slaves were brought here as a labor force.The labor unions were formed out of the abuse of labor by Capitalism . Wouldn't it be ironic if a new era of human dignity began as a protest against 26 white billonaires led by another white man that just told those Boys to stand up and do what your told.
JWMathews (Sarasota, FL)
This is good news for everyone not just for NFL players. On another front, it seems that Fox TV NFL ratings are going down, down, down due to their audiece tuning out. CBS's appear to beholding, but this needs further confirmation. I see this as a wall against crackpot, right wing owners trying to bench or penalize players who exercise their right off free speech. No matter what Trump does, everything he touches turns into a pile of garbage.
John (Walnut Creek)
What news do you read or better yet, can you read? The ratings of the NFL broadcasts are down over 30%. Fox is still rated on top of the charts.
Dan T (MD)
Football fans have always watched whatever channel their team(s) were playing on. Quite a stretch to try and find meaning here. We still attend football games and I am certain attendance is down despite the claims and pictures. Clearly the NFL is concerned and I suspect the protests will be fading away....
Miguel Cernichiari (Manhattan)
At the end of the day, no matter what anyone says, especially Trump, this has nothing to do with patriotism. It is all about the white working class insulted that black citizens are forcing them to acknowledge the inherent and obvious bias against blacks in society. Not to mention the inhuman, brutalizing manner in which police forces treat them. Trump, facing a majority of Americans opposed to him and his policies, is merely stroking his base for news.
jkemp (New York, NY)
There is no freedom of speech while you are working. Freedom of speech is something you enjoy when you are not representing your employer. Workers have rights related to their work conditions and can speak up regarding unsafe work conditions, but this doesn't extend to the issue of standing for the national anthem. The article itself says the National Labor Relations Board says workers have rights to support causes that have "some bearing on one's work life" (this has none) and even the examples the article gives deals with employees speaking on their own time. Americans are sick of people who are famous for other reasons appointing themselves as duly qualified to lecture us because they have some other talent. It is impossible to watch late night television or an award show without getting lectured. There are 63 million Americans who voted for Trump. They are adults who exercised their constitutional rights. Show them some respect. If Americans want to hear political opinions they can watch CNN. Americans have the right to have an opinion and also be entertained without being lectured or called names. Do us a favor, while you're playing, or singing, or acting don't give us a lecture about what you think. I don't stop my job to lecture my clients. Our lives are hard, we want entertainment, or to watch sports. While you are working do your job. Speak your mind on your own time.
Mpe14 (London)
Yes, but these players aren't playing football when they are standing for the national anthem either. And just ask Michael Bennett if an overreactive police force has anything to do with his job. Incidentally this has nothing to do with Trump, the kneeling began before he cried his crocodile tears.
Joy Crawford (Washington)
It's obvious by your comments you are not a minority or understand the plight of injustice. Injustice just like any problem does not get left at the front door. If you are interested in entertainment, NFL games just like you watching other sports should not bring the anthem or the flag into the sport. In addition, what other occupation has to stand at work to the flag? Whether you realize it or not, their kneeling will help you. You have a slave mentality of "whatever the boss says go." Protesting against injustice is not lecturing. It is really suspect the way you spin this to be about job, politic, lecturing, etc but never about injustice. Finally their talent does not allow them to "lecture" as you call it, their existence as human beings gives them the right to stand for something or fall for anything.
scsmits (Orangeburg, SC)
@jkemp Nobody''s lecturing! Men are kneeling for a few minutes BEFORE the game even begins. What did you do in past years while the national anthem was being played? The protest brings attention to the way that many black men have been unfairly treated by the police. If you don't like the protest, don't tune-in before the game begins. Nobody's making you watch. These men have an audience, so they are making good use of their visibility, when people like you can be disturbed. Good for them!
C.L.S. (MA)
Patriotism, as I am sure many commentators have already remarked, is in Samuel Johnson's apt phrase "the last refuge of a scoundrel." Think about it. And of course he was right then (18th century) and it's the same now (21st century Trump Land). When in doubt, accuse your opponent of being "unpatriotic," or "un-American" (remember that last term from the McCarthy hearings back in the 1950s?). Do we want to compel "patriotism" -- the next thing will be to compel allegiance to our Fuhrer. McCarthy was an absolute scoundrel. Trump is an (unworthy) successor.
Socrates (Verona)
Roy Cohn was the favorite lawyer who served both Joseph McCarthy AND Donald Trump. Three bigger American scoundrels there never were !
David Anderson (Chicago)
Isn't the Constitution sufficient? I wouldn't want reliance on labor laws to suggest that the Constitution doesn't get the job done.
Bing Ding Ow (27514)
Uh, Dave .. this is a retail customer business, they've already lost 20% of the 2015 customer base. They might win in court .. and lose enough fans to kill their jobs. Wow, what a great idea .. not.
alan brown (manhattan)
There is no question that players have a first amendment right to protest anything they choose. This all comes down to money. Doesn't everything? The campaign to urge football fans not to attend or watch NFL games will reduce the income of the league and inevtibly affect players salaries. This would be a classic case of biting the hand that feeds you. If principle trumps money, bite away it's your right.
Ed (Old Field, NY)
The thing for players so inclined to do is to continue to take a knee, take whatever fine the NFL imposes, and take it to court. The decision would have ramifications for every workplace in America.
Bing Ding Ow (27514)
You think a bunch of millionaires who have been getting royal treatment since age 13, they're going to spend *their* money for lawyers? You must be joking. It has never been done before.
alanglassman (<br/>)
Colin Kaepernick protested against racial discrimination in America-with a focus on police brutality. Certainly, these are real problems and protest is an appropriate means of seeking solutions. But, is this a workplace issue? Have players been mistreated by their employers, and is this protest a means to highlight work-related grievances? If several employees in a business choose to wear (while at work) gear condemning abortion rights, is the employer not within his jurisdiction to curb this expression (as it may anger customers and decrease business) of a politically-based opinion? An employee who pursues a personal agenda while representing a business is not necessarily speaking out against workplace mistreatment. Protest by NFL players against the handling of CTE should be fiercely protected. Protesting non-workplace relevant social causes on company time, no matter how important the issue, is not our right as employees.
Socrates (Verona)
Why should players be forced to blindly support the checkered American flag while the militaristic anthem is played before every game just so flag-wavers can be happy. It's a football game, not a military indoctrination ceremony and a patriotism test.
Adrian Elliott (Spring Valley, Wi)
Good post, but even the simplest reasoning is too much for leftist.
Rima Regas (Southern California)
There is no place for mandatory displays of employer-mandated displays of patriotism. There is certainly no place for employer-mandated restraint in the expression of nationally-felt, certainly player-endured, racial injustice. There is no place for Trump-inspired NFL bullying of its players and behavior that harkens back to the plantation. The NFL owns teams of players - not people. They need to be put back in their place, with respect to this latest set of grievances. The public, it seems, has been showing its discontent with the league, if one can go by the decline in viewership. Let us hope the other sports' league owners take notice and decide to give their players their due respect as citizens of this nation. But there is another set of issues, and it is those workers' health and safety. Football causes deadly injury to a vast majority of players. It is time to ban the sport entirely. --- www.rimaregas.com
Bing Ding Ow (27514)
20% of viewers have been lost, to show support for the protesters? Think. Now. Clearly. All that booing isn't about the price of stadium beer. Really. Not kidding.
Bea (Hall)
I dunno. The US military certainly requires mandatory displays of employer-mandated displays of patriotism from its employees......
Socrates (Verona)
How about a little separation of flag and sport common sense instead ? The national anthem has nothing to do whatsoever with sporting events. Neither the Panthers vs. Seahawks nor any other sporting event - except perhaps some international competitions - have nothing to do with the national anthem. It was a nice sappy tradition for a while when the nation and its citizens still had some common sense, some common good and some moral ground to stand on, but today's America, which is largely run by a coterie of oligarchic billionaires who have helped contribute to today's tax-dodging, seditious shredding of the national common good for personal profit, doesn't need to take a minute to fascistly salute flag if it doesn't feel like it. Today's American flag is a cheap symbol for right-wing war hawks, political scoundrels, fake news channels and draft-dodging Presidents who drape their delicate heels in. You want patriotism ? Pay your taxes - vote for healthcare for your countrymen - give your countrymen the right to vote without being suppressed - don't bankrupt the nation to comfort the billionaire class - and support free speech and the right to not salute the right-wing-Russian-Republican flag cheaply posing as an American one. The flag and the national anthem have nothing to do with sports...and they don't have much to do with actual patriotism either.
Bing Ding Ow (27514)
NFL has lost 20% of its TV audience. What's the NFLPA and Soc going to do -- try to force the public to watch them? That dog's never going to hunt. The owners know -- this kind of annoying, childish behavior is remembered for years, like the baseball labor strikes. NFLPA, kneel all you want. Many have stopped caring -- they have to do real work, at real jobs.
scsmits (Orangeburg, SC)
@Bing Ding Ow Loss of audience was occurring when little attention was paid to the protest last season. Don't try to pretend otherwise.
Skip (Ohio)
We seem to be in a new era of PC -- "Patriotic Correctness." We have to stand at attention every time we hear the Star Spangled Banner, eyes preferably welling up. I can only imagine how anyone in the stands kneeling would be treated. I'm as patriotic as they come, but while I'm OK with being reminded of the sacrifices made for our liberty, those reminders can't come at the cost of anyone's liberty. What is sad is that the original point has been lost in all this.
Tony (New York City)
We need to keep informing the people who speaks for the rest of us that racism is alive, thriving in this country. No matter how you twist the truth there is nothing wrong in kneeling. Its very American. However disrespecting veterans making fun of one particular serviceman who was in a prison camp while this tweeter king played golf,that picture and the recent tv stunts of the Vice President shows how stinky their swamp is.
SR (Bronx, NY)
And when the sane dare call those fake patriots out on the irony of forcing people to stand and declare their land free Or Else, they become the triggered, well-offended Snowflakes they love to lambast. But, well, IOKIYAR. Also, https://theintercept.com/2016/08/28/colin-kaepernick-is-righter-than-you...
RMC (Boston)
Skip, Patriotic Correctness is...brilliant!
SR (Bronx, NY)
The NFL players ought to quit their deceptive employer en masse and seek new careers anyway, for the Great CTE Coverup alone; but they may as well continue to send a strong message to our wrong-wing government and its NFL allies like Goodell and Jerry Jones by defying any anti-free-speech, pro-jingoism NFL rule or covfefe tweet before then. Strength is not just resilience to tackles, but resistance to tyranny.
Reasonable Guy (LA)
I'd love to see what Jerry Jones and the NFL would do if this week Dak Prescott held a pre-game interview to explain that he loves America and loves the flag but doesn't love racial injustice and then took a knee during the anthem. Might change the tune from Jerry Jones, and the NFL. It is deeply disrespectful to the players for owners such as Jones to tell them what their protest against racial injustice deserves to be misunderstood because Trump wants it to be misunderstood.
J Smith (Maine)
Dak is the second lowest paid starting quarterback in the NFL. He's going to be among the lowest paid for the next two years. He'd be among the highest paid if he would become a free agent. If Jones is being truthful about dropping players who take a knee, Dak could get to the big payday quickly.
Bing Ding Ow (27514)
" .. He'd be among the highest paid if he would become a free agent .." Says who? A player who insults 70% of the customers is no asset -- he is killing the business.
SteveRR (CA)
Or maybe Ezekiel Elliott could take a knee protesting police violence - oh wait - he can't - he is suspended for beating his GF - not the same thing I guess.
SeattlePioneer (Seattle, Wa)
<> As noted, the player's union contract can and probably does extensively regulate what players are allowed to do on the job, just as the behavior of pretty much any unionized employee can be regulated by the employer. This article mostly talks about the rights of employees who don't have a union contract, which is pointless since the NFL players DO have a union and a contract which no doubt regulates what they can say and do while on the job. And this article fails to explain what the player's union contract does allow the football owners to regulate. This is a lousy article, since it talks a lot about things which aren't relevant and fails to discuss the things which are relevant.
Keitk (USA)
Good pts., SP. Still, the persecution and oppression of union members by capitalists and their christian followers in the Republican party have led to many workers losing their unions. Countless others find it almost impossible to join together and from a union. I found it hopeful to read that workers still have some means to fight against their oppression even when striped of protection by this unholy alliance. May the protections provide a platform for resistance. God bless American workers.
George (Michigan)
The NFL Players Agreement does not appear to me to allow discipline by any club for these actions;it certainly does not allow a player to be benched. It is possible that it allows discipline by the commissioner, though this is not clear. The agreement is available on line if you are interested.
Brandon (NYC)
I would agree that workers have the right to protest on social media, pass around leaflets, banter, etc. but not in lieu of working. If their job is to go in and kick a field goal say, the player can't say that I want to post something negative about my working conditions first because that is my right. I think that if their job is to stand on the sideline during the national anthem, maybe because that is the image the NFL wants to present, then a player can't take it upon himself to protest instead. Not taking sides but I believe that is how it works in a union shop.
Jimmy (Texas)
It will stop when the ratings drop.
Tony (New York City)
Will the shootings stop,how many people need to be killed by police officers who feared for their lives. Not everything is about money and ratings.
Chris (Berlin)
Anti-BDS legislation pretty much ended free speech in America. Glad to see that maybe federal labor law is on the side of the N.F.L. players. Good luck !
Annie (Pittsburgh)
How did anti-BDS legislation kill free speech? I don't understand what you mean.
Nat Gelber (Springfield,NJ)
Can anyone understand this article? I don't have a Harvard Law degree.
George (Michigan)
The National Labor Relations Act makes it illegal for an employer to fire someone for engaging in "concerted activity" for the purpose of "mutual aid and protection." (With exceptions, as the article says, for activities that are violent or, in a unionized workplace, where the union has waived certain rights, such as the right to strike; an individual cannot waive this right.) So football players who together demonstrate to oppose some proposed employer action are unquestionably protected, unless the union contract is read to waive this right. (The "management" attorney quoted in this article as saying that kneeling may be too minor an action is talking nonsense.)
Nat Gelber (Springfield,NJ)
I consider kneeling to be a minor offense since they only do it during the National Anthem. I have not heard that they refuse to play. That would be a major offense. But lawyers have the ability to twist words, so who knows?
Joe From Boston (Massachusetts)
Funny how when businesses want to band together, for example as purchasers of cheap junk health insurance policies for their workers using business associations (as would be allowed under the EO signed today by the moron), THAT banding together is fine, even desirable. When the banding together is by living, breathing human persons (as opposed to judicially recognized corporate “persons”) all of a sudden that banding together, in something called a “union”, is somehow viewed as subversive. Once again, Republicans show their love for lucre over living people. This analysis does not even begin to raise or discuss the issue of the First Amendment free speech rights of the players to express their political opinions or positions on social issues such as abuse of some of our citizens by those who are hired to “serve and protect”, which is a separate discussion.
Bing Ding Ow (27514)
This is not about medical insurance. It is about how a major sport has lost 20% of its fans and is destroying itself. Happy, now? Thought so.
Jim (NY)
The article points out that the Federal Labor Law requires that the protest "must address an issue of relevance to their job." Although this could be interpreted to apply to Trump's call for the players to be fired, I'm not so sure it would apply to the protests for racial and social injustice which are not directly related to the job of playing football.
George (Michigan)
The Supreme Court ruled, a generation ago, that the distribution of literature concerning the minimum wage law was protected activity, even though no employees involved would be affected.
Steve (Western Massachusetts)
The league's operation manual requires certain behavior during the anthem, in other words, requires forced display of patriotism (patriotism as defined by the league) as part of their employment. I think any sort of enforced patriotism is a bad, bad idea. For example, if Trump wins this battle with the football players, then he might go on to insist that the national anthem be played at every other sporting event. Then why not require everyone in attendance to stand and sing? Maybe require everyone to wave an American flag? Maybe require everyone to salute the leader of their country? Enforced patriotism at any level is a bad, bad idea.
Bing Ding Ow (27514)
Jim, if they lose another 10% of 2015 viewing base, they will be real financial trouble. No matter what a bunch of bureaucrats pontificate about. Just look at the print newspaper industry, as an example of what happens when major customer losses happen. It is not pretty.
njglea (Seattle)
It is a basic American right to protest. Who do Goodell and the NFL team owners think they are? The NFL is simply BIG business to make PROFIT and stroke owner egos. The players work to make money for them. Marketing has made people believe it's about more than making money. It's not and it has nothing to do with "national pride". Get rid of the national anthem before, during and after every football game, at every level, and other athletic events. That is all they are - sports athletics events. It's a personal choice to play and/or make money - nothing "national" about it. OUR U.S. military uses OUR hard-earned taxpayer dollars to be part of it. That must stop NOW.
Bing Ding Ow (27514)
How utterly absurd -- you ban the National Anthem, you destroy the NFL, in the eyes of tens of millions of hard-working Americans. Go ahead, 20% of the market is already gone, just end this. Many have already stopped caring. Thanks.