NFLPA phasing Kessler out?

When NFLPA outside counsel Jeffrey Kessler was quoted last week in an item from Liz Mullen of SportsBusiness Journal, eyebrows were raised throughout the league.

Kessler told Mullen that, regarding the early-stage labor negotiations, management has not “come forward with a serious proposal so that we can begin fruitful negotiations.”

Added Kessler:  “While [Executive Director] De [Smith] remains optimistic that the parties can reach a deal this year, thus far the owners have apparently not been in a position to . . . move the ball forward.”

It’s not that Kessler is exaggerating; based on things we’ve heard, his observations are completely accuarate.  The problem is that Kessler has become a polarizing figure, and that some regard his ongoing front-line involvement as a mistake.

“Kessler is still spokesman for the NFLPA on labor issues,” one labor-side league source
said in the wake of the Mullen article.  “Bad news for getting a deal.  Smith needs to reel this guy in
– yesterday.”

But there are signs that the NFLPA is in the process of phasing Kessler out.

We’ve previously pointed out that Kessler had been removed as counsel in the litigation challenging the suspension of players who took StarCaps, an over-the-counter supplement that had been spiked by its manufacturer with a prescription diuretic.

Also, public records indicate that Kessler’s firm was replaced in the lawsuit filed by a class of former players against the union for alleged mishandling of marketing rights.

It’s possible that the union is relying on Kessler for his extensive knowledge regarding past labor negotiations with the NFL, and that Kessler won’t have a seat at the table when it’s time to roll up sleeves and hammer out a new deal.

Still, as long as Kessler is being quoted on behalf of the union, plenty of folks who are monitoring the process will be concerned that Kessler’s involvement ultimately will be an impediment to working out a new Collective Bargaining Agreement.