Pushing and Adjudicating Professionalism in MMA

by Luke Thomas on Dec 26, 2008 8:45 AM EST in News Comment 32 comments

Instead, the real culprit is the strange predicament of the sport and its chief organization: an odd juxtaposition of a celebrated but controversially violent sport dancing with mainstream attention. Other sports and their leagues of similar or larger significance have celebrated employees with miscreant or troubling behavior, but they also have the contractual institutions, legal precedence and expectation of professionalism that the UFC clearly lacks.

All of the other major sports leagues employ a variety of methods to police the ranks of their players. Most use a collective bargaining agreement between the league and the players union. That agreement is essentially a labor contract between an employer and in this case, a players union. Insofar as punitive action and discipline are concerned, the agreement identifies adjudication procedure or penalties in the event of league-sanctioned punishment as well as enumerates the rights of players to appeal rulings, obtain information and purse appeals.

In the wake of Rampage's dementia episode this past summer I wondered how other major sports leagues would've handled the situation were Rampage a player in those leagues. What you soon realize is that the UFC lacks (by no fault of its own at this juncture) is a collective bargaining agreement with its fighters union and within that CBA there is a delineation of what is punishable, for how long, at what price, through what method as well as what rights players under investigation or punitive action have. And from that CBA, the major sports leagues have developed individual team code that add another layer of coverage when it comes to ensuring professional athletes get their ranks policed. This, over time, generally goes a long way towards ensuring matters of discipline and dispute are settled on clear terms. It also helps teams and the league foster a better sense of professional expectation. No one can blame the UFC for not having these now, but there's no denying the organization is in an odd space where it receives much of the limelight of other sporting ventures, but without the tenure to work out all employer-employee and professional image issues.

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Are there any non-team sports that have a players’ union? I know that tennis and golf do not. What I think it boils down to is the number of potential union members. The NFLPA or MLBPA have a pool of hundreds and hundreds of players to make up and pay for the union. The UFC has less than 150 fighters under contract, by the latest numbers. Of course, a fighter’s union could include non-UFC fighters, but things get tricky the further down the line you go. For instance, a union might put in place protections and salary minimums that small shows can’t afford. The small-time local fighter fighting mid-card probably wouldn’t be a union member, but it would mean the promoter couldn’t book a headlining match with that former UFC fighter who is a union member. There’s also the question of who pays for the union? In the major sports, the salary minimums are high enough that union dues are not onerous. But aside from the top earners, MMA fighters can ill afford another hand in their pockets. Unless the big names are willing to subsidize the union for a while until a CBA can raise the minimum purses to a respectable level, a union would be hard to fund.

Don’t get me wrong, I’m not anti-union, I’m just skeptical of its practicality in MMA. For all its flaws, boxing has been around a lot longer and has never had a union. There might be a good reason for that.

by AnnieAgee on Dec 26, 2008 10:11 AM EST reply actions 0 recs

I’m not super pro-union and didn’t want to come across sounding really pro-union. I’m intrigued by the idea, but by no means really sold on the issue. The sport’s still growing and changing by the day. You make some very respectable points.

by Luke Thomas on Dec 26, 2008 10:16 AM EST up reply actions 0 recs

As Annie mentioned, is there any precedent for

an individual sport with a union?

Who is the highest profile fighter who supports a union?

by Jahbulon on Dec 26, 2008 11:52 AM EST up reply actions 0 recs

I think the precedent for a union of individuals working with and for a wide range of comapnies is SAG, the screen actors guild. That expands the pool beyond UFC fighters and maybe allows more self regulation and matchmaking fairness for the smaller shows. I am not sold on the idea, but it would certainly take a LOT of organization to pull it off.

by szucconi on Dec 26, 2008 1:37 PM EST up reply actions 0 recs

Does the PGA not have a union?

by subo on Dec 26, 2008 2:01 PM EST up reply actions 0 recs

Why would the Professional Golfer’s Association need a Professional Golfer’s Union? Golf, Tennis and Bowling are run by players associations. They aren’t comparible to MMA due to the completly different business models involved in how the different professional sports work.

by who me on Dec 26, 2008 3:07 PM EST up reply actions 0 recs

Boxing has a fighter’s union but it doesn’t really work very well or make much of a difference in the sport. http://www.boxersunion.org/index.asp

by who me on Dec 26, 2008 2:28 PM EST up reply actions 0 recs

Well written article and definitely something that needs to be addressed in the industry.

My only issue with it was the examples you used at the start. Sean Avery has a long history of unprofessionalism and behavioral problems in his time in the NHL. He’s played for 4 different teams in 6 full seasons. The comments he made were the straw that broke the camel’s back and resulted in a 6 game suspension by the league, which ultimately lead to him being let go by the Dallas Stars.

I guess my point is, is that it’s important to note the context in which these kinds of actions are taken. Some could be left with the impression that that was a one time deal with Avery and he was let go. Was what Rampage did excusable? Definitely not. But is definitely important to remember what lead up to the situation and weigh it accordingly.

And it’s not like UFC hasn’t taken action before. Leading up to Babalu’s dismissal from the UFC, he had troubles with the police and then held that choke too long against Heath.

by LiuLang on Dec 26, 2008 10:18 AM EST reply actions 0 recs

For sure all examples are not the same and I tried to find ones that were helpful. I knew about Avery’s history, but feel that even with his checkered behavior record there is still the issue of his dismissal. Yes, it was the straw that broke the camel’s back, but his punishable act was still for a throwaway comment. Even with Avery’s repeat offense history, there is still a story to be told about how serious and exhaustive the professional expectations are within the league (as compared to what conduct is permissible within the MMA and UFC world).

by Luke Thomas on Dec 26, 2008 10:28 AM EST up reply actions 0 recs

Agreed

I work in a professional environment and if I said something like that in front of a customer, I would get fired. Expectations of professionalism should be the same for athletes.

by LiuLang on Dec 26, 2008 10:32 AM EST up reply actions 0 recs

Unfortunately, that rule doesn’t apply to everyone, even to the athletes in the same sport. Terrell Owens has leeway in much of his actions, whereas a bench warmer would have less. Would Dana White have cut BJ Penn for what Babalu did? Probably not. There are always going to be two rules applied depending on the star status of the player. That fact will never change.

by cyph on Dec 26, 2008 10:36 AM EST up reply actions 0 recs

I think that’s true to a point. But I also think it would have been A LOT different if BJ had choked Jens unconscious.

by LiuLang on Dec 26, 2008 10:43 AM EST up reply actions 0 recs

I think it’s nice to see the issue being discussed here without trying to find who’s “responsible”. There is no villain. For once, Zuffa isn’t to blame for all that’s wrong with the sport. The idea of a CBA is intriguing, but I don’t know that that model of team sports is much good. I think we’d have to look to golf, tennis, or boxing to find a more realistic comparison.

Also, if UFC fighters were under a CBA, Steve Cantwell would be suspended for 6 months for his actions after his last fight and that is the LAST thing we need in this sport. MMA is real, warts and all, and that’s what makes it the best.

by jebushchrist on Dec 26, 2008 10:48 AM EST up reply actions 0 recs

A union in MMA will never happen… you heard it here first.

If the Fertitta’s can get away with non-union casino labor do you really believe an individual combat sport will be unionized???

So Zuffa is a culprit for actually paying their fighters? Paying them historically the best in the industry?

Regarding Rampage…

Do you think he is forced into fighting? He wanted to fight… Where do you think he would be if he didnt have a fight coming up? He would be in far worse shape… at least now he has something to focus on.

fighters are not “EMPLOYEES” they are independent contractors.

by mmalogic on Dec 26, 2008 11:00 AM EST reply actions 0 recs

the employees at sherdog are also independent contractors

which means they receive income on a form 1099, not w2. Thus, in addition to paying fed income tax and normal payroll taxes, they also have to pay the 7.65 % employer’s portion of social security and medicare taxes.

by Jahbulon on Dec 26, 2008 11:50 AM EST up reply actions 0 recs

I think the sport is caught in a situation that is somewhat unique.

On one hand, it has been a greatly “underground” sport. They don’t want to lose that hard edge that sets it aside from other sports. In the end, it IS fighting and there are many things that are deemed acceptable due to that fact.

On the other hand, they are really flirting with becoming mainstream. The product will have to be acceptable, the behavior from presidents down to wannabe UFC fighters will have to be modified. Contract parameters will need to become more even, and so on.

So, the question to me is, how do they get in the mainstream and still carry that hard edge? I think that is the struggle we are seeing evolve everyday now. Perhaps mma is already as mainstream as it will become?? Perhaps we will see the sport softened to appeal to the masses that watch network TV as their main form of entertainment?? imo, this struggle is one of the more interesting aspects of the business of mma. Look at these blogs. We see as many debates about the business side of mma as we do the actual fights/fighters, maybe more.

Look at mainstream sports. NBA has implemented a dress code. NFL has come crashing down on celebrations. MLB has aired their dirty PED laundry in public. So, why did this happen? To make the sport more acceptable or even less offensive, to the average viewer.

Of course, star players may still get preferential treatment, but then again, guys like Vick probably would have gotten a slap on the wrist 20-30 years ago, now they make examples of these guys.

In the least, it will be interesting to witness the evolution of mma, not only in the cage/ring, but in the boardroom as well.

Eliot Marshall: Bader won. Like I said in the episode, I'm not going to make any excuses. It's my job to be able to deal with when somebody's doing that. It's not his job to change up his tactics.

http://eliotmarshall.com/

by BJJDenver on Dec 26, 2008 11:15 AM EST reply actions 0 recs

LOL!

Luke, man, I know using all these big words is easy for ya, and lucky for me, my vast education allows me to understand your article, but for the vast majority of casual fans who read that… they’ll skip it. I still find it hard to understand why Sherdog pushes Swift’s articles out without some sort of laymen’s term editing.

Anyways, onto the article.

In the end, I think White does care about his fighters, but I also believe that money drives them even harder, and I hate to say that. Rampage’s behavior didn’t get the attention that maybe Babalu’s horrendous holding of the choke did for the simple fact that I think he’s a much bigger star, bigger money maker, and overall bigger draw.

I don’t think the UFC needs a CBA to deem what’s punishable or not, and I don’t think a CBA is going to work in the UFC anyways, a place where one thing is deemed punishable but the next is not.

The NFL already has this problem with personal fouls. One horsecollar gets a game suspension while an even worse one doesn’t. It’s almost always brought up every Sunday how the NFL is unbelievably biased in who they suspend, or essentially blind in watching the incidents. The NFL seemingly doesn’t have set suspensions either, and if they do (I’m not an expert, just a fan), they definitely aren’t followed.

Even if the UFC had a CBA, I think Rampage walks without any problems. I think if a lower ranked fighter in the UFC did the same thing, tearing through the streets of L.A. in a car, hurting some people, etc. He’s cut.

If the UFC truly wanted to curb that, they could have written it into their contracts. They don’t care, they want to make money. Does Dana White care about his fighters? I think he does, and I think he wants them to NOT do the things that would put them in danger of their lives and careers, but I also don’t think they would sit around punishing them for mistakes they made outside the Octagon, especially if they are potential draws.

Just my two cents, Love to hear feedback from the community.

Editor-in-chief of MMA-Analyst.com

by Leland Roling on Dec 26, 2008 12:07 PM EST reply actions 0 recs

Typo

“Precedents” (Feel free to delete this comment!)

Don't believe a word I say, I don't train BJJ. -- TangleBones

by jemaleddin on Dec 26, 2008 1:05 PM EST reply actions 0 recs

That typo is in the article he is quoting (even if it is by him).

Bolts from the Blue // "It is what it is." - A.J. Smith
Bloody Elbow // "Every normal man must be tempted at times to spit upon his hands, hoist the black flag, and begin slitting throats." - H.L. Mencken

by Richard Wade on Dec 26, 2008 1:34 PM EST up reply actions 0 recs

Yeah, and he ought to fix both! :-)

Don't believe a word I say, I don't train BJJ. -- TangleBones

by jemaleddin on Dec 30, 2008 2:22 PM EST up reply actions 0 recs

Well, if he fixes it on Sherdog, I’ll fix it here. Until then it stays.

by Richard Wade on Dec 31, 2008 11:50 PM EST up reply actions 0 recs

Agreed

I am staunchly pro-union and believe the rough model exhibited by the NFL, NBA and NHL need to be exported to every competitive sport enterprise, primarily MMA and MLB.

MMA does not have to worry about the main reason for the salary cap – namely, parity between different sized markets – because while you’ll be compelled to root for someone that trains from your area, popular fighters tend to transcend borders and boundaries. However, a minimum salary, veteran’s pay, pension assistance, health care, long term benefits… these things have never ever just been given to employees by an employer. Likewise for bathroom breaks, the 40 hour week and that whole asbestos thing. Only unions accomplished these strides.

Frankly, the UFC could’ve sent Rampage out on his ass after this, and without an NFLPA or a Gene Upshaw (RIP) to represent his interests, he’d be fucked. The collective bargaining that comes from union negotiations is the primary reason I completely support a fighter’s union (as soon as they’re all in the UFC :-).

by subo on Dec 26, 2008 2:00 PM EST reply actions 0 recs

The same thing that dictates professionalism for the CEO of Proctor and Gamble is the same thing that dictates professionalism for Dana and Zuffa…

THE MARKET.

Dana aint changing shit… why? because it’s part of the brand. It’s like removing the leprechaun from lucky charms.

For this business Dana is perfect.

A union will never happen not just because this is an individual sport but also because:

Already a good chunk of fighters are from overseas… making organizing something almost impossible.

Pretty soon half of Zuffa’s infrastructure will be overseas.

With Obama in office and if card check passes you have a better chance of Dana’s assistant getting in a Union than hermes franca.

by mmalogic on Dec 26, 2008 2:18 PM EST reply actions 1 recs

I just can’t see this business model sustaining itself for another ten years – when Dana can’t dare go to the fighters and bitch about money, we’ll see some changes.

by subo on Dec 26, 2008 2:37 PM EST up reply actions 0 recs

Similar things were said about Vince McMahon and the WWE and there still isn’t a pro wrestler’s union. Pro Wresting is the closest business model to MMA that I can think of although the UFC’s fighter base is much more multi-cultural than the WWE’s which would be yet another big hurdle for a potential future union to overcome.

by who me on Dec 26, 2008 2:47 PM EST up reply actions 0 recs

How can it not sustain?

If Zuffa pays less than market value or treats fighters poorly – they will go elsewhere – doors will open up to potential competitors – fighters will get out of the business and do something else…

This is not a union issue this is a market issue.

If you like MMA and want more of it you should be screaming for Zuffa to pay less so it will be easier for other orgs to start up.

If you want competition you should be screaming for Zuffa to treat their fighters like shit to give competitors openings…

Do you think a union will improve the product?

It will erode even destroy the product.

The teachers union has destroyed the US educational system, etc…

by mmalogic on Dec 26, 2008 3:52 PM EST up reply actions 1 recs

I don’t think the existence of a union would make a situation like Rampage’s much easier to handle. I certainly don’t believe that unions have a place in every industry. Ultimately, as mmalogic points out, the market will compel Zuffa to modify its handling of situations if change is needed.

On one hand, I feel that what Rampage did was inexcusable, whether it was a mental issue or not. Should the UFC keep him from fighting if he’s able? It’s hard for me to answer yes to this question. For better or worse, the court system is handling the situation. I want to know that Zuffa is helping Rampage with his problems, but I don’t want to see him out of work during the legal process unless he’s mentally or physically unable to fight. In other words, it’s hard for me to pass judgment on the situation, given all the unknown factors. As has been stated over and over, these other sports leagues have been perfecting their rules and regulations over decades. Zuffa is young. However, they’ll probably have to adopt some more formal policies regarding fighter behavior as the number of critics grow with the sport.

by Cannon Jacques on Dec 26, 2008 3:31 PM EST reply actions 0 recs

Just to be clear

I’m not suggesting the most ideal framework is the one the other professional sports employ. But there are some clear benefits that the UFC simply is unable to effectively borrow. And in that meantime, there needs to be some sort of fleshing out of conduct expectations and adjudication for the UFC’s own sake.

by Luke Thomas on Dec 26, 2008 3:50 PM EST reply actions 0 recs

The lack of a standard code of conduct in every contract is very surprising.

by who me on Dec 26, 2008 3:56 PM EST up reply actions 0 recs

Just caught Mike Rome jerking off to Arriany…

Time to set up some conduct policies for BE staff.

by mmalogic on Dec 26, 2008 7:38 PM EST up reply actions 0 recs

Then we’re all done for, I’m afraid.

by Luke Thomas on Dec 27, 2008 10:53 AM EST up reply actions 0 recs

What would Tennis or Golf do? This is more applicable than baseball, football or Basketball.

Also, any such MMA union or org would have to contain fighters from all over the world.

MLB, NFL and NBA are all insular orgs in which portions compete within the overall org. Should the UFC have to maintain certain standards while Affliction, Dream or WVR does not?

Fighters are licensed by the various SACs. If anything, this kind of thing should be handled by them, that way a fighter is less likely to simply hop to another company. Have the major SACs make a council that gets input from the major MMA agents, managers and MMA companies.

Come up with a code of conduct that would be part of a fighter getting licensed. If convicted of a crime, license revocation could occur, or maybe a suspension for less than a felony.

It would/should be something that could be applicable to fighters at least in the U.S., if not internationally. If an athlete in major sports screws up, he can’t really move to another org. In MMA, they can. Obviously the pickings are a little slimmer than they were prior to Elite dying, but Affliction and Strikeforce still offer alternatives.

Also
Leland,
Rampage’s actions were outside of the work place, Babalu’s were in the work place. There is a huge difference.

by Lynchman on Dec 26, 2008 5:47 PM EST reply actions 0 recs