Following the death of Gene Upshaw in 2008,
Richard Berthelsen was named interim executive director, serving from August 2008 until March 2009. The NFLPA Board of Representatives elected
DeMaurice Smith for a three-year term as the executive director on March 16, 2009. Smith presided over two CBA negotiations during his tenure, first in 2011 after a four-month lockout and then in 2020 just before the COVID-19 pandemic. He served five terms before stepping down in 2023.
2011 lockout In May 2008, the owners decided to opt out of the 1993 arrangement, per the agreement with the players, with the termination to follow a year with no salary cap in 2010. By the CBA's expiration in March 2011, the NFLPA and the NFL had not yet come to terms on a new agreement. The owners were expected to lock out the players upon termination of the agreement. However, the NFLPA filed papers to decertify as a union on March 11, 2011, and filed an antitrust suit to enjoin the lockout with lead plaintiffs quarterbacks
Tom Brady,
Peyton Manning, and
Drew Brees. U.S. District Court judge
Susan Richard Nelson granted the players' request to end the owners' lockout on April 25. The league asked Nelson to stay the order while they appealed to the
Eighth Circuit Court of Appeals; Nelson refused. On April 29, the Eighth Circuit granted the league a temporary stay of Nelson's ruling; the league reinstated the lockout the same day. The Eighth Circuit
vacated Nelson's ruling on July 8, affirming the legitimacy of the lockout. During the lockout, players were barred from using team facilities and contacting team coaches; many organized their own workout regimens. The parties settled the lawsuit on July 25, 2011, and a majority of players signed union authorization cards. The NFL officially recognized the NFLPA's status as the players' collective bargaining representative on July 30, 2011. The NFL and NFLPA proceeded to negotiate terms for a new collective bargaining agreement, and the agreement became effective after ratification by the players August 4, 2011. The agreement, which ran through 2021, stated that revenue sharing (the most contentious issue during the lockout) was re-designed so that the players must receive at least 47% of all revenue in salary for the term of the agreement. Additionally, a limit was placed on the amount of money given to rookies. $50,000,000 was set aside annually for medical research and approximately $1 billion would be set aside for retired player benefits over the life of the agreement.
Bountygate The NFLPA, on behalf of
Will Smith,
Scott Fujita and
Anthony Hargrove, three players suspended due to the
Bountygate investigation by the NFL, filed a lawsuit against the league. The investigation found that
New Orleans Saints players were allegedly paid bonuses for hits that injured opposing players. The players' lawsuit claimed NFL commissioner
Roger Goodell "had violated the league's labor agreement by showing he had pre-determined the guilt of the players punished in the bounty probe before serving as the arbitrator for their June 18 appeal hearing". The suspensions were unanimously overturned by a three-member appeals panel; however, the ruling did not permanently void their suspensions. The NFL appointed former commissioner
Paul Tagliabue to review the NFL's sanctions against the players, which he overturned.
Drug policy The league and the NFLPA approved updated
substance abuse and
performance-enhancing substance policies in September 2014. The regulations include
human growth hormone testing and amended rules on
DUIs Third-party
arbitration will handle appeals.
2020 CBA In a tight vote (1,019-959), NFL players voted to approve ratification of a new, 10-year collective bargaining agreement in March 2020.
Highlights Revenue Share Players received an increase of league revenue, from 47% to 48%, and increase in the media share called a “media kicker.” This includes a larger share of the revenue from TV contracts. The share can climb up to 48.8%. Players also receive a share from legal gambling operations done in stadiums.
17 games The NFL secured the option to increase the regular season to 17 games, which it exercised starting with the 2021 season.
Increased Minimum Salary 20% bump starting at $610,000 (up from $510,000) and increasing to $1.065 million in 2030.
34-week pay period Before players were paid in 17 weekly installments during the regular season. Now they collect paychecks for eight months out of the year instead of four. Teams that earn a first-round playoff bye now receive postseason pay for that week.
Postseason The CBA expanded the playoff field by two teams, generating an estimated $150 million more in revenue. Each conference now has seven playoff teams, meaning three wild-card teams and six games in the first weekend of the postseason.
International games The league can hold up to 10 international games per season through 2025. If the league wants to add more after 2025, the union must agree to it. If a team plays more than one international game in a season, players receive $5,000 stipends for each extra game.
Commissioner discipline/arbitration The new CBA provides neutral arbitration for most discipline cases (including personal conduct policy violations) and carries “significant reductions” in club fines and on-field player fines. The Commissioner is no longer the sole judge and appeals hearing officer in most discipline matters.
Training Camp Padded practices reduced from 28 to 16 during training camp with a five-day acclimation period.
Expanded Rosters Active players increased from 46 to 48. Practice squads increased from 10 to 12. Practice Squad salaries also increased with added benefits of 401k and tuition assistance
Changes to the drug policy Eliminates suspensions for positive marijuana tests, limits the testing period to the first two weeks of training camp and raises the threshold for a positive test from 35 to 150 nanograms of THC. First violation of Performance-Enhancing drugs is a two-game suspension, while a second violation carries a six-game suspension. Punishment for a DUI is a three-game suspension. Suspended players will be allowed at the team facility during the second half of their suspension period.
COVID Season Due to the COVID-19 pandemic, the NFLPA returned to the negotiating table with the NFL to create CBA amendments that proved key to it being the first professional sports league to complete a season during the global pandemic. The league eliminated preseason games, the Pro Bowl, and international games. The union negotiated for players to have the right to opt out of the season without violating their contracts. The season started a week later than usual on September 10, and during what proved to be the league's final 16-game season, no games were cancelled due to COVID. Also included in the CBA amendments were daily testing of all players and club personnel, stipend payment for high-risk and voluntary player opt-outs, and a 20-day ramp-up period for training camp. The salary cap floor was set at $175 million and the expected revenue loss was spread out over four seasons, minimizing the need for massive player cuts and contract slashing. On March 3, 2022, the NFLPA and NFL agreed to suspend COVID protocols for the upcoming season. Players that tested positive for COVID during that season were required to self-isolate for five days after the test. Masks were no longer required, but players could wear them and clubs could require them. Offseason practices were also eliminated for that season. == Lloyd Howell Jr. era (2023–2025) ==