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This could be used against Dallas.
Time to poison the pill: Pats’ Welker deal may be too tough to match
By John Tomase
Boston Herald Sports Writer
Monday, March 5, 2007 - Updated: 05:10 AM EST
The Patriots pursuit of Wes Welker hinges on an ugly phrase that’s quickly becoming ubiquitous in the NFL - “poison pill.”
It’s a contract clause that makes it virtually impossible for a team, in this case, the Miami Dolphins [team stats], to match an offer to one of its restricted free agents.
Welker was en route to Foxboro yesterday to meet with the Pats, who are reportedly prepared to offer him a seven-year, $38.5 million deal. It’s unclear whether they’ve chosen to include a poison pill, but it makes sense that they would, since it remains within the rules.
The poison pill traces back to free agency last year when the Seattle Seahawks designated Steve Hutchinson as their transition player. He was guaranteed the average of the top 10 highest-paid guards, but remained free to negotiate with other teams.
The Vikings crafted a creative seven-year, $49 million offer that stipulated the entire contract would become guaranteed if Hutchinson was not the highest-paid lineman on his team. Because the Seahawks already employed All-Pro left tackle Walter Jones for more money, they had no choice but to let Hutchinson leave.
The Seahawks retaliated by signing Vikings restricted free agent wide receiver Nate Burleson to an identical seven-year, $49 million deal that included two provisions. The first guaranteed the contract if Burleson played five games in Minnesota in any year of the deal. The second guaranteed the deal if he averaged more per year than his team’s running backs in 2006.
Unless the Vikings wanted to bench Burleson for half the home schedule, they’d have owed him the entire contract. And even then, the deal would have been guaranteed because their running backs did not combine to make $7 million.
Hutchinson and Burleson swapped teams, much to the chagrin of management.
“I don’t think it’s good for football,” Eagles owner Jeffrey Lurie said at last year’s owners meetings. “The Seahawks lose a terrific young player like Steve Hutchinson. That was not the spirit of restricted free agency at all and wasn’t in the spirit of the designations. It’s a shame. The whole idea of the designation system in a salary cap with unfettered free agency is you at least know there are one or two players internally that you will have.”
The league challenged the offer sheet, but the union won a ruling upholding the legality of the clauses. Poison pills remain in the collective bargaining agreement for teams and restricted free agents like Welker, who received a $1.3 million second-round tender from the Dolphins.
Once Welker signs his offer sheet with the Pats, the Dolphins will have seven days to match or take the Patriots’ second-round pick (No. 60 overall).
The Pats could include a provision guaranteeing the deal if Welker plays five games in Miami. They could also backload it with enough money that he’ll never technically see as a Patriot that would nonetheless make it prohibitively expensive for the Dolphins to match.
“You might be seeing some of these contracts come down the road again,” crowed players association lead counsel Richard Berthelsen at the Super Bowl. “So that should be interesting to see.”
http://patriots.bostonherald.com/patriots/view.bg?articleid=186446&format=&page=2
Time to poison the pill: Pats’ Welker deal may be too tough to match
By John Tomase
Boston Herald Sports Writer
Monday, March 5, 2007 - Updated: 05:10 AM EST
The Patriots pursuit of Wes Welker hinges on an ugly phrase that’s quickly becoming ubiquitous in the NFL - “poison pill.”
It’s a contract clause that makes it virtually impossible for a team, in this case, the Miami Dolphins [team stats], to match an offer to one of its restricted free agents.
Welker was en route to Foxboro yesterday to meet with the Pats, who are reportedly prepared to offer him a seven-year, $38.5 million deal. It’s unclear whether they’ve chosen to include a poison pill, but it makes sense that they would, since it remains within the rules.
The poison pill traces back to free agency last year when the Seattle Seahawks designated Steve Hutchinson as their transition player. He was guaranteed the average of the top 10 highest-paid guards, but remained free to negotiate with other teams.
The Vikings crafted a creative seven-year, $49 million offer that stipulated the entire contract would become guaranteed if Hutchinson was not the highest-paid lineman on his team. Because the Seahawks already employed All-Pro left tackle Walter Jones for more money, they had no choice but to let Hutchinson leave.
The Seahawks retaliated by signing Vikings restricted free agent wide receiver Nate Burleson to an identical seven-year, $49 million deal that included two provisions. The first guaranteed the contract if Burleson played five games in Minnesota in any year of the deal. The second guaranteed the deal if he averaged more per year than his team’s running backs in 2006.
Unless the Vikings wanted to bench Burleson for half the home schedule, they’d have owed him the entire contract. And even then, the deal would have been guaranteed because their running backs did not combine to make $7 million.
Hutchinson and Burleson swapped teams, much to the chagrin of management.
“I don’t think it’s good for football,” Eagles owner Jeffrey Lurie said at last year’s owners meetings. “The Seahawks lose a terrific young player like Steve Hutchinson. That was not the spirit of restricted free agency at all and wasn’t in the spirit of the designations. It’s a shame. The whole idea of the designation system in a salary cap with unfettered free agency is you at least know there are one or two players internally that you will have.”
The league challenged the offer sheet, but the union won a ruling upholding the legality of the clauses. Poison pills remain in the collective bargaining agreement for teams and restricted free agents like Welker, who received a $1.3 million second-round tender from the Dolphins.
Once Welker signs his offer sheet with the Pats, the Dolphins will have seven days to match or take the Patriots’ second-round pick (No. 60 overall).
The Pats could include a provision guaranteeing the deal if Welker plays five games in Miami. They could also backload it with enough money that he’ll never technically see as a Patriot that would nonetheless make it prohibitively expensive for the Dolphins to match.
“You might be seeing some of these contracts come down the road again,” crowed players association lead counsel Richard Berthelsen at the Super Bowl. “So that should be interesting to see.”
http://patriots.bostonherald.com/patriots/view.bg?articleid=186446&format=&page=2
