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Roger Goodell

Armour: Union lost this battle with NFL three years ago

Nancy Armour
USA TODAY Sports
NFLPA Executive Director DeMaurice Smith (left) and  NFL Commissioner Roger Goodell on the  sideline  of an NFL game earlier this season.

PHOENIX – The tough talk from the NFL Players Association is about three years too late.

Union leaders did everything but call the NFL's new personal conduct policy illegal Thursday, with president Eric Winston announcing they would fight it "whether through litigation or collective bargaining."

"Very simply put: We have an agreement with the NFL, they have an agreement with us," Winston said, "and we're going to hold them to it."

Good luck with that.

Whether the union recognizes it or not, this fight was lost back in 2011, when the players caved on neutral arbitration for disciplinary matters in the new collective bargaining agreement. Sure, players forced the owners to concede on an 18-game schedule and got some important protections on health and safety. The NFL also agreed to kick in more money for former players, long overdue.

But by giving in on neutral arbitration -- a basic principle that every other major sports league has -- the union assured itself of being the junior partner in this operation. By allowing NFL commissioner Roger Goodell to continue in his role as judge, jury and executioner, it guaranteed the balance of power would remain tilted in the NFL's favor.

"We were locked out. We made decisions about what we were going to fight about," NFLPA executive director DeMaurice Smith said. "… There are certainly no regrets when a group of football players hung together in a scenario where most of you thought they'd fold like a white paper bag."

That's lovely, and it will probably get Smith a couple of pats on the back or fist bumps from the rank and file. But for there to be strength in numbers, you actually have to show some strength.

Granted, the union had no way of knowing back then that a series of domestic violence cases would spark the greatest crisis the NFL has faced in decades. Or that, in response to fan outrage and sponsor concern, Goodell would try and salvage the league's image with tough new disciplinary measures.

But the union knew full well how heavy-handed Goodell could be following his reaction to Bountygate, when even his old boss said his punishments went too far.

And still the union gave in.

"As players, we're the ones that set the course," Winston said.

Sure. So long as it's the one the NFL wants.

But the union knew full well how heavy-handed Goodell could be following his reaction to Bountygate, when even his old boss said his punishments went too far.

And still the union gave in.

"As players, we're the ones that set the course," Winston said.

Sure. So long as it's the one the NFL wants.

Smith isn't wrong when he says the NFL and NFLPA work best when they work together. There's little doubt, too, that Goodell overreached again in creating the new personal conduct policy.

No matter how good his intentions were, the policy is inherently flawed because the union didn't have a role in its creation. Domestic violence is horrific, causing scars that last long after the bruises and broken bones heal. The union and the league had a chance to make a real difference, providing support for abusers and their victims and addressing the root causes of the violence.

Instead, by acting unilaterally, Goodell ensured that the union will fight him at every turn. The focus will remain on their squabbles rather than setting an example for all of society.

"Are there parts of the personal conduct policy where our player leaders believe we could come together and come to a conclusion to support (it)? Yes," Smith said. "But we also don't have the luxury, because of the way they did it, to cherry pick.

"What we insist on is the process," Smith added. "And they violated the process."

That's what happens when you let someone else have all the power: They're going to use it.

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