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A Super Bowl of Struggle? The NFLPA’s Demaurice Smith on Opposing Indiana’s ‘Right to Work’ Agenda

The Super Bowl is coming to Indianapolis in less than three weeks. Also coming is the NFL Players Association and its staunch opposition to the state's “Right to Work” agenda.

Dave Zirin

January 18, 2012

The Super Bowl is supposed to bring attention and even glory to its host city. But thanks to an anti-worker, anti-union assault by Indiana’s Governor Mitch Daniels and the Republican-controlled legislature, the big game, to be held this year in Indianapolis, is bringing a different kind of attention altogether. The NFL Players Association joined the ranks of unions across the state last week in opposing efforts to make Indiana join the ranks of so-called “Right to Work” states. “Right to Work” laws have also been called “Right to Beg” or “Right to Starve” since they undercut wages, benefits and the most basic workplace protections. Coming off their own labor battle, the NFLPA released a statement where they promised that they would not be silent on these laws during the buildup to the Super Bowl. I interviewed NFLPA executive director DeMaurice Smith about why they felt it was important to take a stand against this legislation.

Dave Zirin: Why did the NFLPA feel compelled to release that statement against Indiana’s proposed Right to Work laws?

DeMaurice Smith: First and foremost, it’s important that our young men understand that they are just like every man and woman in America who works for a living. The minute that any sports player believes for whatever reason that they are outside the management-labor paradigm, I guarantee you that the minute you start thinking that way is the day you will start to lose ground. Our guys get their fingers broken, their backs broken, their heads concussed and their knees torn up because they actually put their hands into the ground and work for a living, and I would much rather have them understand and appreciate and frankly embrace the beauty of what it is to work and provide for their family.

[On this issue] we are in lock-step with organized labor. I’m proud to sit on the executive council of the AFL-CIO. Why? Because we share all the same issues that the American people share. We want decent wages. We want a fair pension. We want to be taken care of when we get hurt. We want a decent and safe working environment. So when you look at proposed legislation in a place like Indiana that wants to call it something like “Right to Work,” I mean, let’s just put the hammer on the nail. It’s untrue. This bill has nothing to do with a “right to work.” If folks in Indiana and that great legislature want to pass a bill that really is something called “Right to Work,” have a constitutional amendment that guarantees every citizen a job, that’s a “right to work.” What this is instead is a right to ensure that ordinary working citizens can’t get together as a team, can’t organize, can’t stand together and can’t fight management on an even playing field. From a sports union, our union, our men and their families understand the power of management and understand how much power management can wield over an individual person. So don’t call it a “right to work.” If you want to have an intelligent discussion about what the bill is, call it what it is. Call it an anti-organizing bill. Fine. If that’s what the people want to do in order to put a bill out there, let’s cast a vote on whether or not ordinary workers can get together and represent themselves, and let’s have a real referendum.

DZ: What would you say to someone who says, ‘Well, people who support this type of right to work legislation, they are just doing it to protect unions. They don’t care about the majority of workers who aren’t in unions”?

DS: Well take a look over the last 100 years. I used to say that we have forgotten a lot of the lessons from organized labor over the last 100 years, but I’m now convinced that we never learned them. Whether your talking about fire escapes outside of buildings or sprinkler systems inside of buildings, fair wages for a days work, laws that prevent child labor, things that led to the abolishing of sweatshops in America, let alone management contributing to healthcare plans or a decent pension… all those things over the last 100 years were not gifts from management. Someone in a corporate suite didn’t decide one day that they would bestow that wonderful right upon a working person. The way those rights were achieved was through the collective will of a group of workers who stood together and said, ‘This is what we believe is fair, and we are all going to stand together and demand that those things be provided to us. We’ll do it as a collective group. You may be able to pick off one of us or two of us or five of us, but you will not be able to pick off all of us.’ When you look at legislation that is designed to tear apart that ability to work as a team… that is not just anti-union. That is anti–working man and woman, and that’s why we weighed in on this one.

DZ: When you put out a statement like this, does it also goes out to every player so they’re aware of this campaign?

DS: It goes out to the players, the board, and the executive committee, and here in this case, we actually reached out to former Indianapolis Colts, former players who went to college in Indiana, and those players who live in Indiana, and asked them if they’d want to sign on. So we have a very impressive list of players. Rex Grossman is a local player who signed on. Jeff George, former quarterback for [among other teams] the Indianapolis Colts, also signed on. I’m proud of our guys who signed off on this because I do think that they appreciate and understand that in the same way that those things that we were talking about things that have been changes for good for ordinary workers in America, there isn’t a player in the National Football League who shouldn’t understand that every benefit that we have in the collective bargaining agreement is one that was negotiated by a collective of players standing together. Coming out of this lockout, perhaps it was the first time some of our young men understood what the collective bargaining agreement is all about. [Author’s note: De Smith said after the interview that Tim Tebow was behind the NFLPA 100 percent during the lockout. Given some of my own critiques of Tebow’s politics, I felt obliged to include that nugget.]

DZ: The news this week was that this bill was rammed through committee, so it is advancing through the Indiana State House. Has there been any talk about what else the NFLPA might do? Any follow up to the statement that you put out?

DS: I wrote an op-ed that has been placed in the main Indianapolis newspaper. If the issue is still percolating by the time of Super Bowl, I can promise you that the players of the National Football League and their union will be up front about what we think about this and why. Look, we have players who played in Indianapolis obviously, but I made no secret coming into this fight that the lockout, organized and implemented by a group of owners, was not only designed to hurt players but all of the people who work in and around our stadium: the hospitality network, the network of restaurants, bars, all of those things that are connected and touch our business were affected by the lockout that we frankly did not want to happen. So there is never going to be a day where players are going to divorce themselves from the ordinary people who work around their sports, and we’re sure as heck not going to divorce ourselves from the fans who dig our game.

DZ: If the legislation is still percolating, there will be people who will be doing legal, nonviolent protests around the Super Bowl game to try to leverage the spotlight of the Super Bowl to raise the issue for a national audience, and I know that they’re getting various union endorsements to do so. Is that something the NFLPA would support, the idea of a demonstration, a legal, nonviolent demonstration outside the Super Bowl?

DS: Yeah, possibly. We’ve been on picket lines in Indianapolis already with hotel workers who were basically pushed to the point of breaking on the hotel rooms that they had to clean because they were not union workers. We’ve been on picket lines in Boston and San Antonio. So, the idea of participating in a legal protest is something that we’ve done before.

We’ll have to see what is going to go on when we’re there, but issues like this are incredibly important to us. If we can be in a position just to make sure that we raise the level of the debate to the point where it is a fair and balanced discussion about the issues, I think that is something that our players can help do. Obviously, players have a very high profile, and I think its important for them to take on issues which are important to them and be in a position to talk about them, raise the level of consciousness about them.

If we do one thing by making this statement, and it is raising the level of the debate, and to have real people ask real questions about it, we’ve served our purpose.

Dave ZirinTwitterDave Zirin is the sports editor at The Nation. He is the author of 11 books on the politics of sports. He is also the coproducer and writer of the new documentary Behind the Shield: The Power and Politics of the NFL.


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