Event Recap: Jim McFarland (4/16/14)

On Wednesday, April 16th, the ILRSBS hosted NFLPA Executive Committee member Jim McFarland. McFarland played college football at Nebraska University and enjoyed a six-year career in the NFL., and has spoken to the club on one previous occasion.  He graduated from Cornell Law School in 1980 and has been practicing as an attorney ever since.

In 2007, McFarland was named to the NFLPA former players Board of Directors, and in 2010, he was made a former player representative on the NFL Executive Committee. He spoke with the club about the myriad of problems facing the NFL, the NFLPA, the NCAA, and athletes everywhere.

McFarland wished to share his opinions, and hear those of club members, on many of the important issues facing professional and collegiate sports, particularly football. His experiences as a collegiate and professional football player, member of the NFLPA, labor and employment lawyer, and state senator allowed him to speak with distinction on many prominent controversies.

On Player Health and Safety

McFarland illustrated the change in philosophy regarding head injuries, sharing his personal experiences of concussions during his playing career.  He spoke about a particular occasion, where after being rendered unconscious on a kickoff, he returned to play later in the same game.

While McFarland was able to achieve off-field success after his playing days, and remains mentally sharp decades later, he laments the physical, mental, and emotional ailments affecting many of his teammates and opponents.  McFarland was critical of the NFL's response to these issues, pointing out the NFL's distribution of the "Greatest Hits" series at a time when the League was issuing suspensions and fines to players who initiated dangerous plays.

But the NFL was not solely to blame, as the NFLPA had also not done enough to protect its players, according to McFarland. In answering a club member's question, McFarland noted the difficult position the Union often finds itself when defending players against suspensions for dangerous plays. He said that although the NFLPA has a legal obligation to grieve complaints on behalf of its members, they also represent the players seriously injured by illegal hits. This issue, along with other similar contradictions, made the Players Association work very difficult.

On the NFL Concussion Lawsuit Settlement

McFarland discussed all aspects of the disputed settlement of a lawsuit between former players and the NFL.  While lawyers from both sides agreed to a $765 MM settlement, a judge has held up the agreement for further investigation.  Concerns about the settlement include whether there will be enough money to meet the needs of all who would qualify for benefits.

McFarland said that the settlement was good for the NFL, in that it would avoid costly litigation and even greater potential damages in a class action court battle.  Also, with no admission of guilt, the League could finally put the issue behind them.  The settlement would also benefit many former players who need benefits sooner rather than later.  The immediate help that the agreement would provide would help ease burdens now for ex-players struggling with health or financial difficulties.

But McFarland worries that the deal will fall short of providing substantive help to all that deserve it over the long-term.  He was skeptical of the incentives of the lawyers who negotiated the deal, stating that "one-third of $765 MM is  lot of money".

On College Athletics

McFarland stated his interest in the union organizing campaign at Northwestern. While he is mixed on the role of unions in college sports, the collective action taken by players is yet another sign of the flaws of the NCAA.  He also wondered how unionization could meet the needs of students in other sports, as well as those in public schools, especially in anti-union states.

He noted that a professional may be more appropriate for certain schools with large fan bases. But on the whole, McFarland preferred the "Ivy League system", where scholarships are awarded on the basis of financial need rather than athletic prowess.

On Race and Inequality in Football

McFarland left the audience with a question regarding race in football.  He stated that the current  racial dynamics of the sport were "something to think about". When he began his professional playing career, McFarland said the league was approximately 50% African-American players.  The number has gone up dramatically since then, and he wonders what that says about our athletic and educational systems.  If you removed the positions of center, long-snapper, quarterbacks, kickers, and punters, African-Americans would make up 92% of the NFL players.

Again, we’d like to thank Jim McFarland for taking the time to speak with members of our club. It was an incredibly informative and insightful discussion, which we all truly enjoyed and appreciated.