In the final years of his full, productive life, Gene Upshaw seemed to have more critics than supporters.
This may not have been true in sheer volume of numbers. It could have been merely a perception created by the sheer volume in which his detractors spoke.
Old-time players railed about how Upshaw, as director of the NFL Players Association, diverted too much of the pension fund and disability program to current players. The current players periodically questioned his competence, first because of his cozy relationship with former commissioner Paul Tagliabue, then because he had been too strident in dealing with the current management group.
It got to the point where even after negotiating a clear, lopsided victory for the players in the latest labor agreement, Upshaw had to deal with a potential coup from his constituents. A publicized e-mail by Baltimore kicker Matt Stover seeking a new leader was quickly erased, however, by Upshaw’s indomitable will to carry on.
“I think the things that people didn’t like about him were also the things that made him so successful,” said Domonique Foxworth, a Broncos cornerback and member of the NFLPA’s executive board. “He was kind of stubborn and extremely confident, bordering on arrogance. But those things made him an effective negotiator, made him strong against the NFL in certain situations. It also caused some personality rifts within the union. But it was nothing we couldn’t handle, and given the state the sport is in today, I think Gene deserves a lot of credit for that.”
News that Upshaw had died Wednesday night of pancreatic cancer stunned everyone inside and around the NFL, a sporting world that has grown into a galaxy in his 25 years as union boss. Upshaw was a fitness buff who jogged 10 miles a day. He remained an imposing man, both through the attitude in which he led, the delivery in his speech and the chiseled features on his 6-foot-5 frame.
No one knew Upshaw was sick, let alone he had died five days after his 63rd birthday. Upshaw himself didn’t learn of his grave diagnosis until Sunday.
“If I had to characterize Gene in one word, I would say, “Giant,” said Denver-based agent Lamont Smith. “I use that term both literally and figuratively. He was obviously a large man in stature, but he was a large man in his contributions to the labor movement. It’s the tough times that your true worth as a man and leader come out. He obviously stood tall through tough times and led us to prosperity. You have to think of him as a giant.”
A Hall of Fame offensive guard for Al Davis’ Oakland Raiders from 1967-81, Upshaw became head of the NFL Players Association in June 1983. Under his leadership, the players gained unrestricted free agency in 1993 and significant gains in the annual salary cap from $80.4 million in 2004 to $116.7 million this year.
Upshaw did such a good job in negotiating 59.5 percent of the league’s revenues for the players during the latest collective bargaining agreement that the owners are now threatening to shut down the 2011 season unless significant changes are made.
“I know from management’s perspective, they think Gene won that negotiation,” said Boulder-based agent Tom Mills. “And I think a lot of players feel the same way.”
Upshaw’s death comes at a perilous time. Although it was only two years ago that Upshaw and outgoing commissioner Tagliabue reached a six-year extension on a collective bargaining agreement, this is not a time of labor peace.
As the money and expenses were computed from the new bargaining deal, owners began to realize they were giving away too large a profit slice. The owners recently voted to re-open the CBA, which means the league will operate without a salary cap in 2010 and management could lock the players out in 2011.
It is because of this unrest that the NFLPA executive board quickly gathered for a conference call Thursday morning to elect union general counsel Richard Berthelsen as the interim executive director.
“The members of the board decided we should act as quickly as we can to protect the players and postponed our grieving period until we had taken proper steps to make sure the union is as strong as it was under Gene’s leadership,” Foxworth said.
Upshaw’s union tenure will be remembered as much for its tumult as its gains. Perhaps his biggest challenge came in 1987, when he decertified the union and led the players on a strike that was largely regarded then as unsuccessful, but in time may have led to greater good.
Nothing tests a union leader more than during a time when his constituents aren’t getting paychecks.
“Ownership fully expected there would be a mutiny,” Smith said. “There wasn’t. He was able to hold it together.”
It helped that Smith convinced two of his star players, Detroit running back Barry Sanders and Denver safety Steve Atwater, to not align with the league’s marketing arm, as just about every other big-name player did. Instead, Sanders and Atwater stayed with the smaller-funded union. Other players followed and eventually the NFLPA licensing programs became so profitable, retired players wanted their share.
One of Upshaw’s most outspoken critics was former Buffalo Bills guard Joe DeLamiellere. Upshaw once responded to DeLamiellere’s insults by saying he was going to break his neck.
“I never said Gene was a diplomat,” Smith said, laughing.
No, but Upshaw was clearly respected, as even his business adversaries were touched by his passing.
“I am stunned and saddened by the news of Gene Upshaw’s death,” Broncos owner Pat Bowlen said in a statement. “I enjoyed working with Gene over the years and found him to be a complete professional, a great credit to the game and a man of outstanding character.”
Mike Klis: 303-954-1055 or mklis@denverpost.com
