49ers Abstained From Vote
Goodell said the change was approved unanimously by the owners at their spring meeting in Atlanta, but even that was up for debate.
The head of the San Francisco 49ers — Kaepernick’s former team — said his franchise abstained from the vote. CEO Jed York said he wasn’t comfortable with a process that didn’t directly involve the players.
“I want to work with my team to make sure everything we do is about promoting the right types of social justice reform and getting to a better America,” York said.
Players Union Wasn’t Consulted
The NFL Players Association said it wasn’t consulted about the new policy and would challenge any changes that violate the collective bargaining agreement.
Clearly, Goodell and most owners just want to put the issue behind them.
“We want people to be respectful of the national anthem. We want people to stand,” the commissioner said. “That’s all personnel, and to make sure they treat this moment in a respectful fashion. That’s something that we think we owe. We’ve been very sensitive on making sure that we give players choices, but we do believe that moment is an important moment and one that we are going to focus on.”
In the surest sign that players were not part of the discussions, any violations of the policy would result in fines against the team — not the players. That could be a way to avoid legal challenges from the players’ union, since fines against a team would not be subject to collective bargaining.
The league did say teams could impose their own workplace rules for those who fail to show respect for the flag and anthem, but didn’t say what those policies might be. Because the new policy is a change in the terms and conditions of employment that was not collectively bargained, any attempts to fine individual players who continue to protest in public would surely be opposed by the union.
The owners spent several hours addressing the contentious issue — which made its way to the White House.
Trump Made Kneeling a Campaign Issue
Trump turned the debate into a campaign issue, saying the NFL should fire any player who takes a knee during “The Star-Spangled Banner.” The NFL hasn’t gone that far, but Kaepernick has yet to land another job and one of his former teammates and fellow protesters, safety Eric Reid, is also out of work.
Both have filed collusion grievances against the NFL.
While the owners touted the change as a compromise that everyone should get behind, the union expressed immediate skepticism.
“The NFL chose to not consult the union in the development of this new ‘policy,'” the NFLPA said in a statement. “NFL players have shown their patriotism through their social activism, their community service, in support of our military and law enforcement and yes, through their protests to raise awareness about the issues they care about.”
The statement added, “The vote by NFL club CEOs today contradicts the statements made to our player leadership by Commissioner Roger Goodell and the Chairman of the NFL’s Management Council John Mara (co-owner of the New York Giants) about the principles, values and patriotism of our League.”
York said he intended to meet with his players to discuss the change.
“They know I will stand up for them. I’ve stood up for them in past, I will stand up for them in the future,” York said. “I hope we can have a good, respectful conversation: Is it the best policy for us to write a check to the league (for further on-field protests) or can we find a better way to use this money.”
Owners Send Mixed Message With Policy
The owners sent a bit of a convoluted message with the new policy — appeasing those who feel the national anthem must be treated with reverence while allowing some sort of conduit for players to protest as long as they stay out of the public eye.
Mark Murphy, president of the Green Bay Packers, tried to put a positive light on the fractious debate, which some have even pointed to as a major reason for the NFL’s declining TV ratings.
He noted that players and teams have started working together to address social justice issues within their communities.
“If you look back at last fall, it was difficult for all of us within the league,” Murphy said. “But one of the real positives that came out of it was the improved relationship between management and the players. We want that to continue to move forward.”