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Cba Language Could Give Drew Brees Contract Leverage


Enlightened32
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The NFL Players Association's interpretation of language in the Collective Bargaining Agreement could give New Orleans Saints quarterback Drew Brees considerable leverage in talks towards a long-term extension, according to Jason Cole of Yahoo! Sports.

In March, Brees received the "exclusive" franchise tender which prohibited him from negotiating will other clubs and will be worth $16.371 million in fully guaranteed base salary for the 2012 season.

Brees has not yet signed the tender and recently expressed his frustration at a lack of progress and communication with Saints management. According to Cole, the two sides are "far apart" in talks, which could lead to the Saints using the franchise tag on Brees again next offseason.

That's where the interpretation of two sections of Article 10 in the CBA come into play. Section 1 reads that "Except as set forth in Section 9 below, each Club shall be permitted to designate one of its players who would otherwise be an Unrestricted Free Agent as a Franchise Player each season during the term of this Agreement.".

Meanwhile, Section 2(b ) of the 2011 CBA reads "Any Club that designates a player as a Franchise Player for the third time shall, on the date the third such designation is made, be deemed to have tendered the player a one-year NFL Player Contract for the greater of: (A) the average of the five largest Prior Year Salaries for players at the position (within the categories set forth in Section 7(a) below) with the highest such average; (b ) 120% of the average of the five largest Prior Year Salaries for players at the position (within the categories set forth in Section 7(a) below) at which the player participated in the most plays during the prior League Year; or © 144% of his Prior Year Salary."

The Saints would consider 2013 as the second time they will have designated Brees as their franchise player, which would require a tender worth 120 percent of his previous year's salary, or $19.645 million. Cole adds that the Saints have been using that interpretation of the CBA and franchise tag formula in their negotiations with Brees. Since Brees played the 2005 season under the franchise tag while a member of the San Diego Chargers, his agent, Tom Condon of CAA Football, and the NFLPA would argue that 2013 would be the third time in his career where Brees will have been designated a franchise player, and therefore requires a tender at 144 percent of his previous year's salary, or $23.574 million.

Either way, both sides acknowledge that Brees is under the Saints' control for the next two seasons and are trying to gain leverage. Under the NFLPA's interpretation of the CBA language, Brees' camp would currently be looking to negotiate off a two-year guaranteed floor of $39.945 million (the cost of both franchise tenders under their formula) and a clear path to free agency in 2014, while the Saints' formula puts the two-year tender amount at $36.016 million while retaining the possibility of a "third tender" (worth a jaw-dropping $28.289 million) in 2014.

I'm not a lawyer, so take this for what it's worth, but my interpretation of the language in the CBA is that a team can designate one of its unrestricted free agents as a Franchise Player three times. So on that issue, I think the Saints are correct. That said, it's ridiculous that the Brees negotiations have dragged on for this long.

In 95 regular season games since arriving in New Orleans in 2006, Brees has passed for 28,394 yards with 201 touchdowns and 93 interceptions. The Saints have won 62 of those 95 starts and are 5-3 in eight playoff games, including a win in the franchise's first and only Super Bowl appearance. Brees hasn't missed a game due to injury, he's an active and valuable member of the community and, after turning 33 in January, is the same age New England Patriots quarterback Tom Brady was when he signed a four-year, $72-million contract in 2010.

My suggestion: Five years, $100 million, $60 million in guarantees with $70 million over the first three seasons. And I'll only take a 1 percent commission on that.

Edited by Enlightened29
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Pay the man and get his butt in camp. Unless his agent is being a ***. If his agent is trying to hide stimpulations in the contract (as rumored) and Loomus caught it and wont deal until he takes them out, then thats cool. His agent represents a lot of QB`s and this deal for sure will effect a lot of other teams not just the Saints. While i do think he deserves his money, i dont think that means the Saints should take it in the rear by a greedy agent.

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Pay the man and get his butt in camp. Unless his agent is being a ***. If his agent is trying to hide stimpulations in the contract (as rumored) and Loomus caught it and wont deal until he takes them out, then thats cool. His agent represents a lot of QB`s and this deal for sure will effect a lot of other teams not just the Saints. While i do think he deserves his money, i dont think that means the Saints should take it in the rear by a greedy agent.

Who is his agent?

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And for all the Falcons fans who would casually toss out a "pay the man" rejoinder to zing the Saints, do keep in mind that Tom Condon also represents your franchise QB and that rookie contract ain't gonna last forever. Word on the street is Matthew Q Ice, Esquire will be settling for nothing less than elite money. His first four years... i mean, the envy of legends.

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And for all the Falcons fans who would casually toss out a "pay the man" rejoinder to zing the Saints, do keep in mind that Tom Condon also represents your franchise QB and that rookie contract ain't gonna last forever. Word on the street is Matthew Q Ice, Esquire will be settling for nothing less than elite money. His first four years... i mean, the envy of legends.

LOL, you Saints fans kill me, laugh.png

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And for all the Falcons fans who would casually toss out a "pay the man" rejoinder to zing the Saints, do keep in mind that Tom Condon also represents your franchise QB and that rookie contract ain't gonna last forever. Word on the street is Matthew Q Ice, Esquire will be settling for nothing less than elite money. His first four years... i mean, the envy of legends.

i don't see esquire making any attempts to cripple the team. when he says he wants what's best for the team, i think he actually means it.

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Language is pretty clear to me. I don't see how Condon could consider next year as Brees's 3rd time being tagged by the Saints. I think it's an article reaching for clicks.

Edited by bradael
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in 2014 he will be all but done.... sounds like he is gonna hold out for a long term deal, and sounds like the Saints are Not very interested in making him the NFLs Highest Paid Player... man Saints have sure fell from grace since 2009 huh

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I think Sean Payton has told Brees to make it as hard on the Saints as possible....and to sit out this year...and then get dealt to the Cowboys for a 1st and 3rd in 2013. Payton will then get himself canned... Jerry will drive him personally to Dallas

Yes I'm kidding...but I'm sure Falcon fans would love that scenario

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Language is pretty clear to me. I don't see how Condon could consider next year as Brees's 3rd time being tagged by the Saints. I think it's an article reaching for clicks.

Its not saying that Condon thinks that. What it is saying is the Condon is asking for a certain amount and the Saints are measuring that against franchising Brees the next 2 years. If franchising him is cheaper than the contract it just makes sense to franchise him again.

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I think Sean Payton has told Brees to make it as hard on the Saints as possible....and to sit out this year...and then get dealt to the Cowboys for a 1st and 3rd in 2013. Payton will then get himself canned... Jerry will drive him personally to Dallas

Yes I'm kidding...but I'm sure Falcon fans would love that scenario

1st and a 3rd for a guy that at that point would have 2-3 years left...tops. I know it was a joke, but come on.

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Its not saying that Condon thinks that. What it is saying is the Condon is asking for a certain amount and the Saints are measuring that against franchising Brees the next 2 years. If franchising him is cheaper than the contract it just makes sense to franchise him again.

Then why does it say this:

Tom Condon of CAA Football, and the NFLPA would argue that 2013 would be the third time in his career where Brees will have been designated a franchise player, and therefore requires a tender at 144 percent of his previous year's salary, or $23.574 million.

Cole is suggesting that Condon is arguing that Brees should make more because the threat of a franchise tag on Brees next year would be 23.5 million compared to the Saints' arguing that a franchise tag on him next year would be 19.6 million. But the CBA clearly states about a club designated a player as its franchise player for the third time... not simply a player being tagged for a third time.

Edited by bradael
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Hey, if I team wanted to give Jerry a first and third for Romo Id take that. It wouldnt be logical, but hey, Id take it.

The 1st and 3rd cost came from the franchise tag...for Brees. There would be teams that would pay that price...even at his age.

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I think Sean Payton has told Brees to make it as hard on the Saints as possible....and to sit out this year...and then get dealt to the Cowboys for a 1st and 3rd in 2013. Payton will then get himself canned... Jerry will drive him personally to Dallas

Yes I'm kidding...but I'm sure Falcon fans would love that scenario

I do like that scenario.

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in 2014 he will be all but done.... sounds like he is gonna hold out for a long term deal, and sounds like the Saints are Not very interested in making him the NFLs Highest Paid Player... man Saints have sure fell from grace since 2009 huh

It's been a terrible run for sure.....

24302_1206033632940_1291633989_30468600_6258790_n.jpg

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in 2014 he will be all but done.... sounds like he is gonna hold out for a long term deal, and sounds like the Saints are Not very interested in making him the NFLs Highest Paid Player... man Saints have sure fell from grace since 2009 huh

they already offered enough for that

but don't let facts get in the way of your backhanded insults. I know you don't usually concern yourself with them when you start spouting off

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