Run to Glory and Profits by David George Surdam

Author:David George Surdam [Surdam, David George]
Language: eng
Format: epub
ISBN: 978-1-4962-0970-2
Publisher: University of Nebraska Press
Published: 2013-08-15T00:00:00+00:00

Parker was incorrect.

Athletes were not the only glamorous people being economically exploited. Until Olivia de Havilland and Bette Davis took on the motion picture studios, actors and actresses faced their own version of a reserve clause. Davis lost her lawsuit in 1937, but de Havilland won hers in 1944.13 In both baseball and motion pictures, owners claimed that they invested significant amounts of money into developing their workers’ talents, and that they would not invest without some form of property rights to these workers, much to the detriment of the quality of play or of acting.

On occasion, someone associated with the NFL would strip away the façade. Disgruntled coach Norman “Red” Strader, fired from the New York Yanks, sued team owner Ted Collins. In his affidavit, Strader “described the method of drafting college stars as ‘illegal’ and contended that the club owners have arbitrarily set up a ‘football czar’ to enforce the system.” Strader won his case against Collins, but nothing came of his remarks against the draft.14

The New York Giants’ Arnie Weinmeister decided to play for the Vancouver Lions after the Giants told him in a letter that he would be replaced in the coming season. Weinmeister told Wellington T. Mara that he would not be back for the 1954 season and signed with Vancouver for $15,000. The Giants promptly sued. Part of their claim was that Weinmeister was an “indispensable part” of the team. Weinmeister’s attorneys, ironically, tried to demonstrate that fans came see to the backfield men perform, not lowly tackles such as Weinmeister. An interesting aspect of Weinmeister’s case, in addition to Mara’s letter, was Wellington Mara’s confession that he had paid Weinmeister $1,000 more than his contract stipulated: “Weinmeister contends the contract figure of $11,000 approved by the NFL commissioner, was exceeded, voiding the contract.” This novel legal argument — “Your honor, he paid me too much, so the contract is voided” — did not prevent Weinmeister from prevailing, as Mara’s letter proved to be pivotal.15

Players retained Creighton Miller, a former Notre Dame halfback turned attorney, to represent them in negotiations with the commissioner and with club owners.16 The players’ main demand was for a player pension similar to that provided to baseball players. The players also hoped to get nominal payment for exhibition games, a minimum salary, and some other concessions. Aside from the pension, their demands were shockingly modest, which was also true of demands made by baseball and basketball players. Owners might have forestalled greater militancy later on by accepting these modest demands and recognizing the Players Association. Instead, some owners, such as George Preston Marshall, were outraged: “The proposals sound ridiculous and, from a practical standpoint, they don’t deserve any recognition from me. It’s a matter for Commissioner Bell.” Edwin W. Pauley, co-owner of the Los Angeles Rams, heard the news with placidity: “I believe it will help pro football. It’s the same as in any business. There is nothing to fear.”17

The NFL Constitution allowed players to bring labor-related matters to the commissioner.

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