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Around SBN: On Hazards And Hulks And Tigers, Oh My!

Reality of the New CBA ...You asked for it!

Today I posted the following In regards to a disagreement between OCC and Requiem :

Star-divide

First, I am gathering this from a copy dated 07/23/2011 from NFLPA  reps Hunton & Williams

My legal interp. of this is that the confusion over exactly how signing bonuses count against the cap under the new CBA rules is caused by  section 5.c.1.-Acceleration of Signing/Performance Bonus's league years 2011 and 2012 (this is the two year pro-rate) also sets a soft cap for teams because in the big picture this section is actually establishing the escalator provision for all teams to reach new min. on spending of 89% of the salary cap (its the escape clause to buy Richardson's vote in Carolina). It established the new model for Front Loaded Deals - see Ware's contract.  

But the entire provision here is PREEMPTED by the General Provision clause that clearly defines the hard and soft money for the 2011 and 2012 league years (contract sigining bonus's paid out prior to the 2010 league year) are SOFT money for 2011 and 2012.. Which means the owners are getting a pass from the league on the sigining bonus's paid 2009 and prior ( Roy W.) that gives them a loophole to escape the entire problem of dead money against the cap only in 2011 and 2012.

The real teeth of the agreement starts in 2013... that is when the provisions clause closes and all teams must ante in too meet the 89% status.

If this is correct then Dallas started the day at 133.9 million in cap subtract 9.7 million in ending DEAD money that was still counted under to old CBA you get  124.2 in cap ..

cut Davis thats salary 6 million + 2.5 million in pro-rated bonus
cut Williams thats 5.1 million + 2.9 million in pro-rated bonus
cut Barber thats 4.25 million + .75 million in pro-rated bonus
cut Brown thats .925 million + .085 million in pro-rated bonus

Total cap savings for 2011 - 22.6 million

In addition, engage the pre-load provisions in Austin's and Ware's deals ( you can bet they are there) and you save an additional 8.25 million without causing yourself any pain in 2013 (its just a change in the accounting into soft money) plus you get a 3 million dollar veterans exclusion above the 120 million on the cap...think Colombo...

That leaves Dallas this afternoon with 93.1 million against a potential 123 million dollar false ceiling..

THAT IS 30 MILLION DOLLARS IN CAP ROOM..Jerry Jones wasn't kidding today when he said DALLAS could SIGN ANYONE THEY WANTED...

First, I am not a sports Attorney, I specialize in collective bargaining so my interpretation is subjective as to the final boiler plate rules of  what is ratified.

Allow me to expand the understanding for this information that I am relaying here. As we all know, the players had a conference call last Friday in which a rough explanation of the new CBA framework and General Provisions section were described by the NFLPA legal team, NOT IN PERSON, OVER THE PHONE!

Several of the Team Reps felt they did not understand the information well enough to vote on it without READING the actual Provisions and Framework the OWNERS had just voted for UNANIMOUSLY (BIG Red Flag for the Players). Several of the Team Reps asked for copies of the Framework and Provisions so that they could "read them". Proving once and for all an NFL Linebacker is smarter than your average Congressman, these Team Reps sought out Professional Legal counsel to tell them what the new CBA really said before they would vote on it. Leading us into last weekend's days of indecision.

As every one has read, there are several loose copies of CBA or its components floating around which per misstatements by sources has only added to the confusion and misunderstandings as to what exactly the CBA provisions concerning Team Salary Cap and the application of current and future dead money (pro-rated Signing/Performance bonus's).  Ask any attorney and if he is any good he will tell you the more moving parts you have in a contract the more loopholes you create.

This CBA has FOUR moving parts contained within the Revenue frame work of the deal. Each moving part is a crafted carve out of the individual interests (Players , Owners,  etc.). Most importantly is how the moving parts are assembled within the framework, this establishes what is called Preemption. Reading the context of one individual moving part only describes the part itself, it doesn't tell you where the part fits in the framework or how the machine should work with that moving part in place.  

To clarify, THERE IS NO TRUE HARD SALARY CAP during league years 2011 and 2012. The misstated section is under 5.c.1 which states " "Acceleration of Signing/Performance Bonus's, " bonuses are classified as either  " earned", which requires the amount of the bonus to count against the team's salary cap, or " unearned", which is not counted." Further in this section you find "A team's salary cap is adjusted downward for UNEARNED bonuses that were earned in the previous year but not counted against that year's cap. It is adjusted upward for EARNED bonuses that were  accrued  in the previous year and were counted against that year's cap." The Loophole is in just WHO gets to determine what is an "earned' bonus and what is an "unearned" bonus and when it was "accrued". 

2011 and 2012 are both "Transition Years" by the General Provisions of the deal. Which means 5.c.1. is NOT fully effected until LEAGUE YEAR 2013. During the Transition Years teams can "cut and play" with any bonus that is counting against their salary cap by reflexively changing its status between EARNED and UNEARNED, thereby changing Transition Years Salary Cap Dead Money into "soft money" and moving it from a direct above the line charge against the salary cap to a below the line off-set for an "earned  bonus" charged to the previous year. 

The previous League Year (2010) was an UNCAPPED year, allowing a team to move the remaining part of any Sigining/Performance Bonus from "unearned" counting against this year's salary cap to "earned" counting against last years salary cap. This applies to any contract signed and structured 2009 and earlier. The Preemption also allows teams during the Pre-2011 League Year Period  to "cut and dump dead money" from veteran contracts and roll it front to back in any number of fashions as long as the equation of the salary cap balances at the opening of League Year 2013. In this way teams are effectively able to lose all the dead money and restart the Salary Cap clock.

When all the boiler plate is finally done on this deal and ratified by the players, the context will be hashed and rehashed by the teams and we will spend the next few years sorting out who the winners and losers really are. The important thing to note is this very complex document is so much more than a labor agreement, it is a road map of how the NFL teams are going to operate for the next ten years. Everybody in this deal helped themselves at some levels, players got the money, owners got more freedom to chase either profits or championships, and the fans get football and labor peace for the foreseeable future.

Another user-created commentary provided by a BTB reader.

Comment 89 comments  |  26 recs  | 

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I was going to say

that this need to be a FanPost….Excellent work again Mr Ford…..

Here’s a theoretical play from last year: Snap. Tony takes 7 step drop. Tony looks left at Miles, who is doubled, and looks right to where Roy Williams should be…but instead sees Colombo on his back and a Defensive End foaming at the mouth jumping over Marc’s carcass. Tony proceeds to run like hell and look for Witten
-by CotySaxman on Jul 11, 2011 7:50 AM PDT

Am I the most optimistic Cowboys fan in the World? No, but I have a contract hit out on the guy that is....

by I am Ironman!!! on Jul 26, 2011 11:26 PM CDT reply actions  

+1

Give me UR calls! Give me highstepping by CBs and PRs entering the endzone! Give me screaming on the sidelines and headbutting! Give me Fortitude, Solidarity and VIOLENCE! Bring me CHAMPIONSHIPS!
Bring me Ridolin LOL! - B'nSB

by BlueNSilverBlood on Jul 27, 2011 4:00 AM CDT up reply actions  

If this is true then holy shit we could get everything we need and more!!!

Go Cowboyz!!!!!!
Dez is gonna beast this year!!
Melooooooo!!!!

by VicTor W on Jul 27, 2011 12:08 AM CDT reply actions  

JJ should hire you

If this is true finally relief for some very bad contracts No Dead Money WOW Nice JOB
RW, Barber, Davis, Flo, Hamlin, Brown, maybe time for Newman if no Restructure

Trade Oshank, Choice, Bennet, Scandrick for Picks & CB JMcCourtey(Ten) DT from Clev

by Bill Bates on Jul 27, 2011 12:11 AM CDT reply actions  

In a world where you're right...

I like our odds. Did the Bengals manage to sign their really good cornerback while dealing with the whole Carson Palmer drama? I feel like we should target him.

by Ekijoh on Jul 27, 2011 12:14 AM CDT reply actions  

Johnathan Joseph is a free agent. he would be really nice to get.

Go Cowboyz!!!!!!
Dez is gonna beast this year!!
Melooooooo!!!!

by VicTor W on Jul 27, 2011 12:23 AM CDT up reply actions  

Davin Joseph.

I want him.

"The Angels are like the villain in the movie that isn't dead until he's been stabbed 150 times in the bath tub, yet he still might come back up one more time." - Eric Nadel

by TXHC on Jul 27, 2011 1:58 AM CDT up reply actions  

Maybe go after Carl Nicks too

If the saints haven’t resigned him yet.

"I firmly believe that any man's finest hour, the greatest fulfillment of all that he holds dear, is that moment when he has worked his heart out in a good cause and lies exhausted on the field of battle, victorious." –Vince Lombardi

by ProBowlFactory on Jul 27, 2011 1:35 PM CDT up reply actions  

Yes, he's another one of the Guards on my short list.

The only thing is I believe he’s got a first round tender. I could be wrong about this though.

"The Angels are like the villain in the movie that isn't dead until he's been stabbed 150 times in the bath tub, yet he still might come back up one more time." - Eric Nadel

by TXHC on Jul 27, 2011 10:47 PM CDT up reply actions  

I hope you are right! Is there anyway to confim your hypothesis?

I would think this would be huge news in the nfl work for most teams and not such a secret

"Don't fake the funk on a nasty dunk"

by sprewelllatrell on Jul 27, 2011 12:27 AM CDT reply actions  

Actually Jason La Canfora has stated

GMs around the league wanted to know exactly what things meant with this Salary Cap and the whole CBA so they knew exactly how they could deal their money out. The advantage, that I stated in another post, was that Jerry not only is on the labor committee and part of the bargaining committee for this new CBA, but he was the only GM involved in that too. While everyone else is walking somewhat blindly right now, Jerry knows exactly where he is stepping because he helped to write the rules (figuratively speaking).

"I firmly believe that any man's finest hour, the greatest fulfillment of all that he holds dear, is that moment when he has worked his heart out in a good cause and lies exhausted on the field of battle, victorious." –Vince Lombardi

by ProBowlFactory on Jul 27, 2011 1:38 PM CDT up reply actions  

so

sometimes it is good to be king and GM :-)

He who laughs last, thinks slowest
Well.....my days of not taking you seriously have certainly come to a middle
"Pleased to meet you, hope you guess my name"

by BigBad Joe on Jul 27, 2011 2:29 PM CDT up reply actions  

Well,

I wouldn’t exactly call it a disagreement. I’d say it was more of a discussion :).

Thanks for the information. Can’t wait to see the specifics of the documents agreed upon.

by Requiem on Jul 27, 2011 12:42 AM CDT reply actions  

True, true

I think we were just trying to figure out what was what. Disagreement smacks of angry words and heated emotions.

If what Lee writes is correct, things could get very interesting…

by One.Cool.Customer on Jul 27, 2011 2:59 AM CDT up reply actions  

Nicely explained

So we should expect two returning OL, two new safeties, a corner, two returning DEs and a starbucks round for everyone?

by lee3022 on Jul 27, 2011 12:46 AM CDT reply actions  

The only reason I know the term "boiler plate"

is from It’s Always Sunny in Phili…“we’ll get to our hot plates soon enough”

by danielcp0303 on Jul 27, 2011 12:58 AM CDT reply actions  

WOW this would be nice

 I hope this is all true, then we would not be in that bad of shape going foreword.

by tattooed cowboy on Jul 27, 2011 4:24 AM CDT reply actions  

woohoo! thanks for the confirmation

Funny that the first place this shows up on the internet is on Bloggin The Boys. Just shows how great this site is. I’ve been searching the past weeks and not one site has mention of how the “dead money” breaks down according to the new collective bargaining agreement. Finally we know and now the real fun begins. It’s likely Newman & Igor will be on their way out as well. That is if the Boys can find a stud corner and lineman to add.

by livemontana on Jul 27, 2011 8:19 AM CDT reply actions  

salary cap fairy?

Did someone say something about the salary cap fairy magically appearing and saving us?

by florida dodger on Jul 27, 2011 9:44 AM CDT up reply actions  

great stuff

FPOTW candidate, fer sure!

by rabblerousr on Jul 27, 2011 8:37 AM CDT reply actions  

+1

definitely FPOTW……

Here’s a theoretical play from last year: Snap. Tony takes 7 step drop. Tony looks left at Miles, who is doubled, and looks right to where Roy Williams should be…but instead sees Colombo on his back and a Defensive End foaming at the mouth jumping over Marc’s carcass. Tony proceeds to run like hell and look for Witten
-by CotySaxman on Jul 11, 2011 7:50 AM PDT

Am I the most optimistic Cowboys fan in the World? No, but I have a contract hit out on the guy that is....

by I am Ironman!!! on Jul 27, 2011 9:19 AM CDT up reply actions  

Sort of the opposite of killing the messenger

Give us just what we want to hear, and we reward you.

If at first you don't succeed - blame someone else.

by Tom Ryle on Jul 27, 2011 4:19 PM CDT up reply actions  

Say No to Yes-men

Gentlemen, we’re 0-16. Let’s change that.

by tanstaafl on Jul 28, 2011 9:24 AM CDT up reply actions  

Why even have "candidates" this week?

Everyday I feel a little better about the way this team is being run.

by Feeling Blue & Silver on Jul 28, 2011 10:14 AM CDT up reply actions  

He may have topped himself with his 2.0 update.

If at first you don't succeed - blame someone else.

by Tom Ryle on Jul 28, 2011 5:14 PM CDT up reply actions  

And what are the 2013 (or whenever) cap regulations?

Bottom line, what’s the devil’s due when it comes time to ante up? Time’ll tell. And the quibbling over the interpretation won’t lose us a game, played or W-L.

"Proving once and for all an NFL Linebacker is smarter than your average Congressman…"
Hey, hey, hey, those are the elected representatives of the People you’re talkin’ about….

Wait, let’s see, ’Skins fans, Eagles fans, Giants… – ahhh, now I get it

Gentlemen, we’re 0-16. Let’s change that.

by tanstaafl on Jul 27, 2011 9:25 AM CDT reply actions  

Well

the cap should be much higher in 2012 and going forward with the additional national Thursday night games :-) If all of this is true, it should be called the Jerrah Rule …….fan-friggin-tastic

He who laughs last, thinks slowest
Well.....my days of not taking you seriously have certainly come to a middle
"Pleased to meet you, hope you guess my name"

by BigBad Joe on Jul 27, 2011 2:32 PM CDT up reply actions  

Thanks Lee.

Awesome read and awesome news.

Thanks for clarifying a few things…

Go Cowboys.....Go White Sox.....

by goat3000 on Jul 27, 2011 9:30 AM CDT reply actions  

I like this interpretation.

"Everything is on the One." -- George Clinton, Parliament/Funkadelic

With an improved defense, everything should be on the One.

by Uncle Angus on Jul 27, 2011 9:37 AM CDT reply actions  

just so you know Lee

I will be spamming this post to every site that I visit that says “Dalas is too far over the cap to get anybody”……

Here’s a theoretical play from last year: Snap. Tony takes 7 step drop. Tony looks left at Miles, who is doubled, and looks right to where Roy Williams should be…but instead sees Colombo on his back and a Defensive End foaming at the mouth jumping over Marc’s carcass. Tony proceeds to run like hell and look for Witten
-by CotySaxman on Jul 11, 2011 7:50 AM PDT

Am I the most optimistic Cowboys fan in the World? No, but I have a contract hit out on the guy that is....

by I am Ironman!!! on Jul 27, 2011 9:39 AM CDT reply actions  

Pre-lockout and post-lockout??

Based on rumors I had read, I thought maybe the “no dead money” clause only applied to cuts made before the lockout (Flozell, Hamlin, Crayton.)

If ALL dead money is gone (Davis Barber etc.), and we wipe the slate clean, this is extremely good news (at least for the Cowboys.) But it’s hard for me to believe given that I haven’t seen this anywhere else.

Keep your fingers crossed.

by florida dodger on Jul 27, 2011 9:42 AM CDT reply actions  

amazing.

20 responses and not a single skeptical comment.

I could be wrong but don’t you think that if there were no salary cap consequences from releasing players that would have been reported? That it would be news?

And what about other NFL teams? Wouldn’t other NFL teams be using this opportunity to clean up their bad contracts?

Because that’s what Lee is claiming. Lee is claiming that there are effectively no salary cap consequences to cutting players. How does that jibe with other reports you’ve seen?

like

While releasing veterans and restructuring other contracts this week will create room for the Cowboys to operate in 2011, some of the cap hits they will take in 2012 will be very restrictive.

Ask yourself what’s more likely: that virtually all the reporting on this subject to date is wrong or that the fanpost on BTB is wrong.

by Fan in Thick and Thin on Jul 27, 2011 10:05 AM CDT reply actions  

The media is made up of reporters and not lawyers.

With the huge cuts and layoffs made by media over the last few years you realy do not have many law experts working in the field anymore and those that are cover the Casey Anthony stories of the world and not looking into sports law. I spoke with some reporters over the last year and they talk a lot about looking at crowd sourcing, where they actualy are looking more at blogs and such to get more expert opnion of stories in todays media enviroment. I would think that many reporters will be looking at this post then forward questions to the league and try and get clarification on the poits Lee made and we will see something in the mainstream media in few days to a week.

You have to play this game like somebody just hit your mother with a two-by-four. Dan Birdwell. Oakland Raiders

How do you want to be rememberd. Go out there and play every play like it is your last play. Be remembered as the person you want to be for the rest of your life. Spike Dykes, Midland Lee and Texas Tech Coach.

by Birddog26 on Jul 27, 2011 2:58 PM CDT up reply actions  

yea it's crazy it was kept this quiet BUT...

there were a lot of rumors implying exactly this: 2011/2012 are soft cap years and the dead money from past bonuses would not carry into these years

it’s the saving grace for the Cowboys and makes sense seeing that JJ was at the front of structuring how the deal went through…

plus all these cuts coming sort of already confirm it :) they wouldn’t kill 2012 by pushing 30 million of dead money into it. it’s not likely JJ is thinking it’s 2011 or bust. Just look at last year when the Super Bowl was in Dallas, there was an uncapped year, and they basically did nothing. Seems JJ learned after 2007-2008 not to overspend but rather spend on your own guys and cherry pick the free agents that can be had for the right price

by livemontana on Jul 27, 2011 10:32 AM CDT reply actions  

a lot of moves by the cowboys also suggest a look to the future

Demarco Murry, the cut of Roy Williams and other vets who could have provided depth this year, the short term safety contracts and the patience displayed in adding them, the draft strong in OL and LBs, and there are others.

by Becho on Aug 4, 2011 10:11 AM CDT up reply actions  

You must not have read my comment above fan in thick and thin

I asked if there was any evidence to back this up. I hope he’s right but I too think the major networks would be all over this

"Don't fake the funk on a nasty dunk"

by sprewelllatrell on Jul 27, 2011 10:32 AM CDT reply actions  

he did cite a source plus

we also have never heard confirmation that the “dead money” would count in the new CBA. Nearly everyone kept using the old rules when interpreting the new CBA in regards to “dead money” but why? Who is to say it didn’t change?

You add that JJ was at the forefront of negotiations, Cowboys made all these cuts and doing so would kill 2012 under the old rules which they are not going to do, JJ says they have enough salary cap room to do anything they want in free agency, all the rumors suggesting this same scenario, and then this break down of the CBA that Lee Ford is offering up and it seems like it’s legit. But it would be great to have 100% confirmation and yes if true was one of the most guarded secrets. Seems the media did not think this was as much of a story as we Cowboys fans do. Logical after all who can gain more from this scenario then our own team?

by livemontana on Jul 27, 2011 10:50 AM CDT up reply actions  

believe whatever you want.

Personally I think there are a few things that one would expect to see if this were true that we aren’t seeing. Teams cleaning up bad contracts, releasing and resigning players to circumvent the cap, etc.

Here’s a rule of thumb I follow. The more extraordinary the claim, the more extraordinary the proof I require before I believe it.

I consider this claim to be quite extraordinary so I require convincing proof before I’m going to believe it.

by Fan in Thick and Thin on Jul 27, 2011 10:58 AM CDT up reply actions  

yes and no

There were only what, 7 teams that were over or close to being over the cap ? There were alot of teams that flew well under the cap last year. Heck those teams WANT the dead money to count towards the floor, so that last years cash payouts help them to hit this years floor.

While I am sceptical, it could be correct

He who laughs last, thinks slowest
Well.....my days of not taking you seriously have certainly come to a middle
"Pleased to meet you, hope you guess my name"

by BigBad Joe on Jul 27, 2011 2:36 PM CDT up reply actions  

I missed that.

A quick thought experiment should be enough to convince most people that it is unlikely this is correct.

If this was correct, why isn’t Dallas releasing and resigning ALL of the big money players. If this is correct Dallas could release Romo, Ware, Austin, Newman, Witten, et al. … resign them them to new contracts with salaries that match their prior salaries. No difference from the player’s perspective but the signing bonus amortization no longer counts against the cap. Voila!

by Fan in Thick and Thin on Jul 27, 2011 10:53 AM CDT up reply actions  

well there is this thing called waviers

that would prevent the Top guys(romo Ware etc) from being released…..

Here’s a theoretical play from last year: Snap. Tony takes 7 step drop. Tony looks left at Miles, who is doubled, and looks right to where Roy Williams should be…but instead sees Colombo on his back and a Defensive End foaming at the mouth jumping over Marc’s carcass. Tony proceeds to run like hell and look for Witten
-by CotySaxman on Jul 11, 2011 7:50 AM PDT

Am I the most optimistic Cowboys fan in the World? No, but I have a contract hit out on the guy that is....

by I am Ironman!!! on Jul 27, 2011 10:56 AM CDT up reply actions  

I could be wrong but are waivers operative during the off season?

are you suggesting that RW will have to go through waivers for example?

by Fan in Thick and Thin on Jul 27, 2011 10:59 AM CDT up reply actions  

The thing I find more hard to believe is that JJ would blow up 2012 for this year

by Specific on Jul 27, 2011 10:58 AM CDT up reply actions  

why?

if that’s what was required to resign Free I find that very believable.

by Fan in Thick and Thin on Jul 27, 2011 11:00 AM CDT up reply actions  

Contracts prior to 2009

I could be wrong, but Ware and Austin were both given there big contracts in 09 & 10…..they could do it to Romo, but why take the chance, you could cut him and some team way under the cap out bid you for his services

He who laughs last, thinks slowest
Well.....my days of not taking you seriously have certainly come to a middle
"Pleased to meet you, hope you guess my name"

by BigBad Joe on Jul 27, 2011 2:38 PM CDT up reply actions  

I'm hopeful that what Lee says is the case

However, if you notice my comment, I’m waiting on confirmation that this is in the CBA before running with it.

On why Dallas wouldn’t release players:

First, it makes no sense for Austin or Witten since they have NO cap hit aside from salary.
Second, by releasing all the big money players, you run the risk of them being free agents and signing with other teams. And with the salary floor being raised, teams will be FORCED to pay SOMEONE. So, it makes little sense to risk losing a Romo or Ware for free, just to save about $3-4 million in cap space each.

by Requiem on Jul 27, 2011 3:53 PM CDT up reply actions  

Because...

…it would take REAL money, all RIGHT NOW, to resign them.

by danielt on Jul 27, 2011 4:23 PM CDT up reply actions  

you really think Doug Free is worth so much to blow up next year's cap???

they didn’t blow up last year when they absolutely had the chance and now your suggesting they would kill a year all to sign to tackle, hmmm

by livemontana on Jul 27, 2011 11:04 AM CDT reply actions  

it’s not exactly ‘blowing up’ the cap. It will make it restrictive.

Under the old system the unamortized portion of the signing bonuses for RW, MB, LD would be $17M to $25M. That’s what would count against the cap next year.

Add to that amortization on any salary from Romo / Ware that’s converted from salary to bonus.

anyway, no need to waste time now when we don’t have any information. I’m sure it will be clarified soon enough.

by Fan in Thick and Thin on Jul 27, 2011 11:11 AM CDT up reply actions  

I find it extremely hard to believe we are that much under the cap

I thought we were right at the cap. AdamJT13 is usually the best source for cap info

Sean Lissemore = The next Bruce Smith

by Lissyyyyy on Jul 27, 2011 11:25 AM CDT reply actions  

the cap has changed a great deal

maybe you noticed the labor negotiations! Everything has moved so quickly after it got signed

check out my bands nanoSMASH and Day vs Night

by AustonianAggie on Jul 27, 2011 11:56 AM CDT up reply actions  

Considering how involved Jerry Jones was in getting the new CBA in place

And how he says the Cowboys could get any player they wanted, I actually think he could have pulled a few strings to get his shit in the right place.

Tyron Smith and that's all

by SportsDrunk on Jul 27, 2011 11:32 AM CDT reply actions  

Response to Fitat..

I wish I had time to today to expound on this, but I don’t so I will try and explain this fast ..
When the owners were sold the new CBA they were given all the plus’s up front (expected outcomes) Each owner was convinced this deal gave them exactly what they wanted (more controls to move their team in whatever direction they choose) Once the owners walked away from the table they brought home the framework and provisions for their internal legal team to evaluate. On a document this complex it will take 7-10 days to interp. and and devise a course of action. Over the weekend there was a dear lord moment at several team headquarters. Expected outcomes are effected by something called Synergy in every deal with moving parts. Synergy in essence is untoward effects (that is how the deal says one thing and works another way entirely in motion.) Most teams saw massive loop holes to move dead money and assumed they were not really under the gun to act on their bad deals immediately (2011 and 2012 are Transition Years.) And considering this is the first look many teams have had at framework they are still trying to piece the puzzle together. Over last weekend a few sharp arrow legal eagles put it together fast , before crying wolf , they sought secondary legal opinions from outside, probably a few friendly judges and more notably faculty members at several major law schools were asked to look it over from an unbiased precept. They are just now starting to get the results. It will still take the individual legal teams several days to dissect the information and break-it down for the owners.

From my understanding here is the way it breaks …

4- teams are dead in the water (35 or more heavy back loaded contracts that need re-do)
 PATS, EAGLES, GB AND JETS

5-teams are in real trouble (20 or more back loaded contracts that need re-do)
 GIANTS, MIN, AZ, ATL, INDY

4-teams are on an outright jail break (less than 10 back loaded contracts to deal with)
 WASH, DAL, MIA, CHI..

FITAT is correct about 2012…in one regard, if the old CBA rules were in effect..this entire list would be turned upside down.. with the new rules and how the entire framework is boiler plated up, teams that practiced the “player stock piling model” are toast, hence GB demanding 2 Transition Years in the deal instead of just one. Right now the league and teams are in flux, no one (except for a couple teams) have any real ideas about how this all lays out (i.e. 2013) The teams are taking stock and trying to determine how to proceed will adapt and survive some teams will gamble throw caution to the wind and try to Win Now. A couple teams have a real advantage and are trying to figure out the best path to capitalize on the New CBA.. For most 2011 will not be a dire year…2012 may be the end of several teams world..

by Lee Ford on Jul 27, 2011 12:17 PM CDT reply actions  

lets just hope
For most 2011 will not be a dire year…2012 may be the end of several teams world..

that the Cowboys aren’t one of those 2012 teams…..

Here’s a theoretical play from last year: Snap. Tony takes 7 step drop. Tony looks left at Miles, who is doubled, and looks right to where Roy Williams should be…but instead sees Colombo on his back and a Defensive End foaming at the mouth jumping over Marc’s carcass. Tony proceeds to run like hell and look for Witten
-by CotySaxman on Jul 11, 2011 7:50 AM PDT

Am I the most optimistic Cowboys fan in the World? No, but I have a contract hit out on the guy that is....

by I am Ironman!!! on Jul 27, 2011 12:49 PM CDT up reply actions  

Giants?

How do we have 20 or more back loaded contracts that need re-do?
Excluding rookie contracts we currently only have 14 players signed through 2012.
Eli (big contract but not going to be re-worked)
Jacobs (possibly needs to be re-worked)
DJ ware ( peanuts)
Madison Hedgecock (1million, no re-work fullback.)
David Diehl (yes)
Chris Snee ( Maybe)
Chris Canty ( Probably a goner next year eitherway)
Justin Tuck ( we pay this man peanuts for what he provides)
Osi (again peanuts)
Boley (yes, rework or cut)
Webster (contract is frontloaded, 8mill this year 6 mill 2012)
Antrel Rolle (yes. alot of guaranteed money tho)
Tynes (no work needed, kicker)
Zak Deossie ( long snapper, peanuts)

So maybe 6 of these are backloaded and might need to be reworked. Where did the number “over 20” come from???

by NYG_Slater on Jul 27, 2011 3:33 PM CDT up reply actions  

I don't see why players would like this though

it allows for a huge blood gutting that they want to avoid

by somebodyquiet on Jul 27, 2011 1:21 PM CDT reply actions  

Depends on why someone is getting released and how much up front money they got

and what kind of market may be out there for them right now. And the floor was raised, and with a cap on the rookies in the first round, it will still push more money to the vets…..

He who laughs last, thinks slowest
Well.....my days of not taking you seriously have certainly come to a middle
"Pleased to meet you, hope you guess my name"

by BigBad Joe on Jul 27, 2011 2:45 PM CDT up reply actions  

Lee, if you are anywhere near correct, I take back every lawyer joke I ever said.

Well, for now.

Seriously, I can’t remember the last time I enjoyed reading something written by a lawyer this much. Heck, at all!

From what you have figured out, Jerry may well have crafted certain elements to work together in his favor. In this case, the man was in his element and playing to all his strengths.

This just gives me this image of Jerry going “Oh, Br’er Goodell and Br’er Smith, don’t throw me in that CBA briar patch!”

If at first you don't succeed - blame someone else.

by Tom Ryle on Jul 27, 2011 4:28 PM CDT reply actions  

NYG_Slater...you answered you own question...

The Giants problem is they only have 14 GUYS signed out past 2012, the toughest year to sign any major contracts will be 2013.. Here is why, “A team’s salary cap is adjusted downward for UNEARNED bonuses that were earned in the previous year but not counted against that year’s cap.” to qualify this use this example. Eli has an escalator clause worth 2.5 mil for surpassing 4000 yds in League Year 2011 in his current deal. He hits this bonus and gets paid the money , however, the problem is under the new CBA the 2.5 mil is subtracted from the Giants 2012 SALARY CAP dollar for dollar no off-sets. UNEARNED bonuses extend to ALL escalator clauses/Performance bonus’s and Rooster Bonus’s. That means any contract player with one of the above mentioned clauses that will likely be achieved can hurt the team. What the Giants now have to do is re-do those deals to prevent NEW DEAD money that can account against the Team Salary Cap for 2012 and 2013 . Back loading a contract is not only Salary its the escalators and Rooster bonus’s that create New Dead money (Subtractions from the Salary Cap). The veterans are going to CASH in now because teams like the Giants are going to have to re-do deals and pay higher Salaries to eliminate the escalators and bonus’s. The Giants are desperate but others are in tougher spots. (Smile , you have at least 10 players + rookies that have contracts that won’t bite!)

by Lee Ford on Jul 27, 2011 5:48 PM CDT reply actions  

we 14 veterans signed through 2012, not total.

we have a lot of guys on rookie contracts or contracts that weren’t backloaded so i excluded them from analysis.
In total we have 43 players signed through 2012.
http://www.bigblueinteractive.com/information-pages/player-salaries/

by NYG_Slater on Jul 27, 2011 6:15 PM CDT up reply actions  

my bad 38

counted the guys we cut yesterday by mistake.

by NYG_Slater on Jul 27, 2011 6:19 PM CDT up reply actions  

You seem to be missing Lee's point.

You only have 14 guys whose contract extends through 2012 into 2013. The ones who’s contract stops in 2012 are the problem under his reasoning.

And from what he’s written, I would not get into an argument with him. He seems to know his stuff.

If at first you don't succeed - blame someone else.

by Tom Ryle on Jul 27, 2011 6:34 PM CDT up reply actions  

not trying to get into an conflict here

but saying “20 or more back loaded contracts that need re-do” didnt make sense to me. I looked at our current roster situation and counted something far different. That’s pretty much it.

by NYG_Slater on Jul 28, 2011 3:53 PM CDT up reply actions  

Allow me to break this down a bit further...

Say the Giants do nothing in 2011 and 2012, your now up against 2013 this is the teeth of the CBA, The new revenue stream (Thursday Night Games) does not deliver the hoped for $1 billion dollar increase in League Revenues,, so the new Salary cap only rises to 134 mil. Now suppose the Giants with those 14 contracts get caught by just two rooster bonus’s and one escalator clause that conservatively cost the Giants 10 mil off the Salary Cap for 2013. Now pay those 14 contracts conservatively say 40 mil. In addition you have 9 NEW rookie contracts which should cost you somewhere around 6-8 mil for the 2013 season…THAT LEAVES 76 MIL. to go out and try to Sign 30 GUYS! Now I know this is Silly time for contracts but pause for a moment If Weddle and Holmes are worth 40 and 50 mil respectively today , how active (how much are they going to have to over pay) must the Giants become to just keep their own PLAYERS in that scenario.

by Lee Ford on Jul 27, 2011 7:00 PM CDT reply actions  

I understand your point

and really do appreciate the time and effort you put in writing this all out (thank you). Ultimately, I just feel it’s far to early to tell and label teams “dead-in-the-water”. Without a doubt, this new CBA will change the way contract’s are structured with incentives and bonuses. Moreover, some teams will struggle with this change more than others due to previous contracts, but unlike some I don’t think the sky is falling, yet.

by NYG_Slater on Jul 28, 2011 4:06 PM CDT up reply actions  

I just happened to be scrolling around the Jets page Gang Green Nation

And they had a link in their Fanpost’s to this. Apparently, some other people are catching on and getting the same ideas that Lee has already gone over. I’m getting more and more optimistic….

by BigTTech on Jul 27, 2011 10:52 PM CDT reply actions  

FPOTW is looking better and better.

If at first you don't succeed - blame someone else.

by Tom Ryle on Jul 27, 2011 11:44 PM CDT up reply actions  

currently 4th highest rec'd post EVER @36 recs

currently trails This (41)

This(47 recs)

and this(72 recs)

pretty good company…..a former FPOTW winner and a current Front Page Writer…..

Here’s a theoretical play from last year: Snap. Tony takes 7 step drop. Tony looks left at Miles, who is doubled, and looks right to where Roy Williams should be…but instead sees Colombo on his back and a Defensive End foaming at the mouth jumping over Marc’s carcass. Tony proceeds to run like hell and look for Witten
-by CotySaxman on Jul 11, 2011 7:50 AM PDT

Am I the most optimistic Cowboys fan in the World? No, but I have a contract hit out on the guy that is....

by I am Ironman!!! on Jul 28, 2011 12:09 AM CDT up reply actions  

I believe him, but we shall see!

by G_SWAG on Jul 28, 2011 12:49 AM CDT up reply actions  

I got bumped down :(

At least I’m still top 20.

by CotySaxman on Jul 28, 2011 9:40 AM CDT via mobile up reply actions  

Unfortunately

That only applies to players released, traded, or waived before March 11th, 2011….

That’s Section 5.b.i of Article 11 which details the Transition Rules for 2011.

When I first read a hidden copy of the Transition Rules for 2011, I thought that might be what Lee was talking about, but unfortunately, it’s only talking about what I stated above.

So, IF all the players being released tomorrow (Davis, Williams, Barber, Colombo, etc.) were released before March 11th, we DEFINITELY would not have them hit the salary cap this year or any of the following years.

But unfortunately, since they will be released this Thursday, we have to wait until we can get a copy of the full CBA to see if the cap amnesty applies completely.

by Requiem on Jul 28, 2011 2:10 AM CDT up reply actions  

Also hat tip to Requiem,

you were getting at the same type of situation without the luxury of having an actual copy of the CBA in front of you to sort through.

Lee came in here and stole all your thunder!

+1 for both of you guys though for sure.

by G_SWAG on Jul 28, 2011 12:59 AM CDT reply actions   1 recs

Hi Req...

Req. you are correct in your interp. of 5.b.1-However, here is the problem, 5.b.1 is a standing Sub-Clause with the new “order of the CBA” its attachment point is “under League Years”
In General Provisions " League years 2011 and 2012" are “Transition Years” which are “EXTRA-Ordinary”. in other words the PREEMPTION subordinates 5.b.1 to the “EXTRA-Ordinary” League Years 2011 and 2012. If you follow the logic of 5.b.1 then a gap in League fiscal operations took place between 03/11 and 08/04 2011 , Now players were locked out but the Teams continued to spend money and collect revenue. In order to balance your books on 08/04 you have to produce a P&L and a Cash Statement. To balance Team books during the Gap certain provisions PREEMPTED to the "Extra-Ordinary " terms of League Years “2011 and 2012” see the Williams and Weddle deals..Today I have time to do another fan post and try and break this out with a bit more clarity…

by Lee Ford on Jul 28, 2011 10:31 AM CDT reply actions  

Granted I'm "extraordinarily" stupid, but you make very little sense.

That, coupled with the fact that there are award-winning investigative journalists who do nothing other than dig for inside NFL info 24/7 that have nothing on this, colors me skeptical.

That said, I hope you’re right.

by fivetwos on Jul 28, 2011 3:09 PM CDT up reply actions  

Award winning investigative journalists.

Most of whom, in my experience, know very little about how things like the law actually work, and tend to be victims of group think.

If at first you don't succeed - blame someone else.

by Tom Ryle on Jul 28, 2011 7:37 PM CDT up reply actions  

Could be. Could also be that they aren't searching for something that they don't know exists.

What I do know is this—and I’ve been after answers on this dead-money thing since November—is that our team in particular will be greatly affected one way or another by how this plays out.

I very much want Ford to be right. Maybe it almost seems to good to believe? That’s my fault.

The fact that Jerry was cutting hard and often almost immediately (and way more than anyone else), gives some hope.

by fivetwos on Jul 28, 2011 10:51 PM CDT up reply actions  

Not disagreeing with you.

I was just replying to the post, as the link only cites Article 11.

I don’t know what the rest of the CBA says as it hasn’t been released to the public yet. So, as you say, the Article 11 could very well be pre-empted by the another article.

I was just saying that the post he cites doesn’t confirm what you’re saying, since it’s referencing a different rule.

by Requiem on Jul 28, 2011 3:39 PM CDT up reply actions  

Great post.

So if Dallas reworks the contracts of Romo, Austin, and Ware, distributing more bonuses, could the Cowboys change the bonus money paid to “earned” and place it all on last season’s cap? The ramifications of that would obviously mean that the Cowboys would be paying those players very little over the life of their contracts, and therefore saving 10’s of millions of dollars over the next 3-4 seasons.

by ScarletO on Jul 28, 2011 3:54 PM CDT up reply actions  

In addition, if I understand this correctly (big "if")...

It would behoove teams to offer large signing bonuses and relatively small salaries in order to maneuver the cap savings more effectively: like San Diego and Washington did with Weddel and Bowen respectively. Correspondingly, this would benefit the teams that are cash-rich as those teams could offer a much bigger bonus which is what in essence is the NFL equivalent of a guaranteed portion of the contract. If this is true, I can see how players would approve this, as the richer teams would drive the bonus market and more players would be making more “real” money.

I can see owners of cash-poor franchises like Cincinnati and Buffalo resigning themselves to the possibility of ever competing again. Elite teams will once again rise to the top and rivalries similar to those of the early nineties will reign again.

by ScarletO on Jul 28, 2011 4:02 PM CDT up reply actions  

Has anybody gotten any more verification of the "amnesty" period of the new CBA?

I think someone noted that the Jet’s blog was mirroring the same point of view that teams can “dump” dollars into bonuses into this year and next, if they can afford to pay the money upfront (like our beloved Cowboys), and not incur any negative effects going forward.

by CaliFanInTx on Jul 28, 2011 5:35 PM CDT reply actions  

dumb question about a great post...

I think I understood Lee’s whole breakdown and am extremely happy and grateful he made the post. That being said I can’t figure out how how to make a “receive” haha! Anyone can help?

by livemontana on Jul 28, 2011 11:51 PM CDT reply actions   1 recs

never mind

was a problem with my browser…

by livemontana on Jul 29, 2011 4:30 PM CDT up reply actions  

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