Merriman and SD can't reach a compromise

MissionCoach

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The agent for linebacker Shawne Merriman told the Chargers this week the first-round draft pick could attend the team's offseason program, where he would participate in meetings but not in on-field practice sessions.

But the attempt at a compromise was rebuffed, so the wholly unsatisfying long-distance relationship will continue, now almost certainly until at least July.

"There is no such thing as a half-Charger here," General Manager A.J. Smith said, explaining why the team declined to have Merriman present in such a capacity. "Either you're a Charger or you're not."

Contacted last night, Kevin Poston clarified why he made the proposal.

"We thought it would be a good-faith gesture," the agent said. "I want him to be there, and he wants to be there. We want him to meet with coaches, talk with coaches, walk through things – just not do any physical activity."

Merriman skipped the team's rookie orientation camp earlier this month, and Poston has said the player will sit out all of the team's offseason workouts unless language in the team's injury protection agreement is changed. Poston asserts that the agreement does not adequately assure the Chargers will fairly compensate Merriman should he be injured before signing a contract.

"We'd like him to be on the field, but not if it doesn't make sense," Poston said. "And right now the language in the injury protection agreement does not protect Shawne."

An article in this week's SportsBusiness Journal quotes NFL Players Association officials indicating Merriman and Poston are not being unreasonable.

"The player is fully within his rights not to attend a minicamp," NFLPA General Counsel Richard Berthelsen is quoted as saying. "And in fact he is doing the responsible thing by showing a concern about what he would be paid if he got hurt in the minicamp."

Mark Levin, the NFLPA's director of salary cap and agent administration, told the publication the language of the Chargers' agreement is unique.

"I can't say if it is good language or bad language," Levin said. "But it is different than that of 21 other teams I have looked at."

The Chargers maintain their protection agreement has been standard through the years and was good enough for the team's other draftees.

As for the olive branch from Poston, Smith said: "I understand their point of view. He'd like to mentally stay up with what we're doing. We don't want him to fall behind either."

But a line appears to have been drawn, and the Chargers are not going to put a toe on the other side. Smith indicated the team's next contact with Poston will be after the offseason workouts are complete and the sides begin negotiating a contract.

"Our position is either you're here with us or you're not," Smith said. "Kevin understood. So we'll just get back to business, and after July 4 (we) will call them."

The Chargers this week began voluntary workouts at which 73 of 83 players on the roster were present Monday. The Chargers work out four times this week and next, three times the week of June 6 and twice the week of June 13. The team also has a minicamp June 10-12. All but the minicamp sessions are closed to the public.
http://www.thecommish.tv/Articles/Data/usm8815rnu9740q.asp
 

Doomsday101

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For some reason SD seems to have this problem quite a bit with players they drafted. They tend to have a hard time signing them.
 

jksmith269

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Mark Levin, the NFLPA's director of salary cap and agent administration, told the publication the language of the Chargers' agreement is unique.

"I can't say if it is good language or bad language," Levin said. "But it is different than that of 21 other teams I have looked at."

Makes you go HHHuMMM I don't blame him if this is correct and he is really only trying to protect himself.
 

WoodysGirl

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I personally thought the "compromise" was stupid. I'm w/the Chargers here. You're either here or you're not. Right now, he's not. I think they should go ahead and work on the contract. Cuz he's not coming in unless they change the injury protection language.
 

TheHustler

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jksmith269 said:
Makes you go HHHuMMM I don't blame him if this is correct and he is really only trying to protect himself.

There is no standard contract protection across the league. But they pretty much all say the same thing.
 

ABQCOWBOY

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This is BS IMO. No player has ever been stiffed on a contract if injury has been sustained in TC. Not ever. It's an unwritten thing. Think about it. If a team refused to give full compensation to a player that sustained an injury in mini camp, what would that do to participation through out the league? You guessed it. Not a single contract player would show up for these things and there wouldn't be a thing management could do about it.

The Poston's are just trying to create a mind set for negotiations here. The want to establish an upper hand. To me, this is a whole lot a nonsense.
 

NorthDalal

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As an old-school guy who usually lines up against spoiled athletes--I'm with Merriman here.

In my opinion the BS is a team asking a player to jepordize millions due to a freak injury, creating their own protection language then taking it to the press and public with catch-phrase arguments like "there's no such thing as a half-Charger"

Note to Chargers--you are running a multi-million dollar operation with multi-million dollar player contracts at stake. Protect your assets with insurance and rock solid temporary contract language and everybody wins. I'm staring to understand the Manning's behavior in directing Eli away from the Chargers last year.
 

booboo

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ABQCOWBOY said:
This is BS IMO. No player has ever been stiffed on a contract if injury has been sustained in TC. Not ever. It's an unwritten thing. Think about it. If a team refused to give full compensation to a player that sustained an injury in mini camp, what would that do to participation through out the league? You guessed it. Not a single contract player would show up for these things and there wouldn't be a thing management could do about it.

The Poston's are just trying to create a mind set for negotiations here. The want to establish an upper hand. To me, this is a whole lot a nonsense.

"No player has ever been stiffed on a contract if injury has been sustained in TC."

That's flawed thinking.

I'm sure that if some $10 million dollar player broke their neck in TC, we could start to see some teams reneging on their wishy-washy policies.

How would you like to be the 1st player that this happened to?

I'm 10000000% on the players side here.
 

LeonDixson

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Couldn't either the Chargers or Merriman Or the Postons buy a $5 or 10 $Million insurance policy? The policy would be "relatively" cheap I would think. Certainly worth it get the guy in camp where he needs to be and promote a little team harmony. I agree with the poster above that thinks this is just the Postons trying to set the stage.
 

MadCow

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Tell me, what happens if Merriman is seriously injured, Chargers stiff him and then future players require the same injury protection language that he is seeking. Where does that leave Shawne Merriman? I don't know who's right or wrong, I don't know whether the injury protection is more than sufficient or less than adequate but Merriman shouldn't be portrayed as a villain on this point alone.

There are a couple of facts that can't be disputed. The Postons are extremely difficult to deal with and have been known to be unreasonable in their demands. But the Chargers are not innocent bystanders in this either. You can't overlook the fact that 1st rd draft picks LaDanian Tomlinson (2001), Toniu Fonoti (2002), Quentin Jammer (2003) and Philip Rivers (2004) were ALL holdouts. Makes you think, huh? Can't be just the agent(s).
 

ABQCOWBOY

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NorthDalal said:
As an old-school guy who usually lines up against spoiled athletes--I'm with Merriman here.

In my opinion the BS is a team asking a player to jepordize millions due to a freak injury, creating their own protection language then taking it to the press and public with catch-phrase arguments like "there's no such thing as a half-Charger"

Note to Chargers--you are running a multi-million dollar operation with multi-million dollar player contracts at stake. Protect your assets with insurance and rock solid temporary contract language and everybody wins. I'm staring to understand the Manning's behavior in directing Eli away from the Chargers last year.

Where's the risk?
 

WoodysGirl

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MadCow said:
Tell me, what happens if Merriman is seriously injured, Chargers stiff him and then future players require the same injury protection language that he is seeking. Where does that leave Shawne Merriman? I don't know who's right or wrong, I don't know whether the injury protection is more than sufficient or less than adequate but Merriman shouldn't be portrayed as a villain on this point alone.

There are a couple of facts that can't be disputed. The Postons are extremely difficult to deal with and have been known to be unreasonable in their demands. But the Chargers are not innocent bystanders in this either. You can't overlook the fact that 1st rd draft picks LaDanian Tomlinson (2001), Toniu Fonoti (2002), Quentin Jammer (2003) and Philip Rivers (2004) were ALL holdouts. Makes you think, huh? Can't be just the agent(s).
I agree. No one really knows what is the disputed contract language, so I don't really want to side with either.

However, that proposal of theirs was pretty weak. They were better off not offering anything.
 

ABQCOWBOY

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booboo said:
"No player has ever been stiffed on a contract if injury has been sustained in TC."

That's flawed thinking.

I'm sure that if some $10 million dollar player broke their neck in TC, we could start to see some teams reneging on their wishy-washy policies.

How would you like to be the 1st player that this happened to?

I'm 10000000% on the players side here.

These are not my words. This was reported by ESPN from, I believe a league source but I am not certain of the source. Could have been somebody from the chargers org. Still and all, the crediability issue here is to overwhelming. The league would never allow this to happen. You would never have another mini camp attended by vets, so the other organizations would not support you. You would have huge issues with the players union so the league itself would probably mandate something.

I think Leon mentioned insurance and he's right. That is normally what happens, I believe. This is crazy but, typical.
 

CATCH17

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Money is gonna be lost one way or another if the guy gets hurt so I don't blame him for this at all.


Merrimans teamates are probably rooting him on.
 

MadCow

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MadCow said:
Tell me, what happens if Merriman is seriously injured, Chargers stiff him and then future players require the same injury protection language that he is seeking. Where does that leave Shawne Merriman? I don't know who's right or wrong, I don't know whether the injury protection is more than sufficient or less than adequate but Merriman shouldn't be portrayed as a villain on this point alone.

There are a couple of facts that can't be disputed. The Postons are extremely difficult to deal with and have been known to be unreasonable in their demands. But the Chargers are not innocent bystanders in this either. You can't overlook the fact that 1st rd draft picks LaDanian Tomlinson (2001), Toniu Fonoti (2002), Quentin Jammer (2003) and Philip Rivers (2004) were ALL holdouts. Makes you think, huh? Can't be just the agent(s).

P.S. Saying all that, I'm so glad the Cowboys didn't draft Merriman. The Cowboys management are more than fair with its players but don't need someone who's going to holdout just to get an extra 5K.
 

SilverStarCowboy

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Anytime you hear the Postons name come up deez dayz, automatically assume that as usual, they are up to no good, because that has been the case lately.
 

MadCow

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Woody'sGirl said:
I agree. No one really knows what is the disputed contract language, so I don't really want to side with either.

However, that proposal of theirs was pretty weak. They were better off not offering anything.

I'm with you on that. Either he's a part of the team or he needs to stay home. It sends a bad message when you let a player dwell in the middle.
 

playit12

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ABQCOWBOY said:
Where's the risk?

To the best of my knoledge no player has ever sustained a career ending injury at the mini camps while not being under contract. Sure a guy that is going to be out for one year might still get a good contract as a gesture of goodwill by the team, but if that player can never play for the organization again, then I seriously doubt they are going to be willing or even able (considering the cap) to pay him the 10 million dollar signing bonus.

This seems like a no brainer to me... Let them use the contract language of one of the other teams. If you want to have more control over it pick out 10 different contracts from various teams in the league and let them pick from that list.

If you have every intention of living up to the "unwritten rule" then it shouldn't be a problem making it a written rule.
 

Seven

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MissionCoach said:
The Chargers maintain their protection agreement has been standard through the years and was good enough for the team's other draftees.

That staunch approach doesn't make their contract correct now does it.
It appears that they also have been very lucky.
How many of us have heard our grand fathers say "I've been doing it this way for 30 years" and we were left wondering why he just didn't do it the right way.
 

ABQCOWBOY

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playit12 said:
To the best of my knoledge no player has ever sustained a career ending injury at the mini camps while not being under contract. Sure a guy that is going to be out for one year might still get a good contract as a gesture of goodwill by the team, but if that player can never play for the organization again, then I seriously doubt they are going to be willing or even able (considering the cap) to pay him the 10 million dollar signing bonus.

This seems like a no brainer to me... Let them use the contract language of one of the other teams. If you want to have more control over it pick out 10 different contracts from various teams in the league and let them pick from that list.

If you have every intention of living up to the "unwritten rule" then it shouldn't be a problem making it a written rule.

Your assuming it's not written. I have not seen that confirmed anywhere. If I'm wrong, I would be willing to reconsider.

Having said this, I find it difficult to imagine how a guy can sustain an injury that would end his career in a none contact mini camp. I suppose anything is possible but that seems a little far fetched. It has never happened in all the years of football. That should say something.

Only one question I would ask here. How many of the Poston's players have sat out over the last couple of seasons? How many this year alone?

There is a reason we will not draft players represented by the Postons.
 
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