The NFL Players Association has been thrust into a no-win situation as quarterback Brendan Sorsby continues his effort to gain entry into the NFL supplemental draft, creating a conflict in which the union’s responsibility to current members may outweigh the interests of a player who has yet to join its ranks.
Caught in the middle
At the heart of the issue is a simple fact: Sorsby is not currently a member of the NFLPA. Players do not become union members until they are drafted by an NFL team or sign as undrafted free agents.
That leaves the union in an awkward position. If the NFLPA were to challenge the league’s refusal to accept Sorsby’s supplemental draft application, it would be advocating for someone outside its membership while potentially putting the jobs of current members at risk.
Every roster spot in the NFL is limited. If Sorsby were selected in a supplemental draft, another player represented by the union could ultimately lose his place on a roster, whether during training camp or after final roster cuts.
Past ruling adds weight
The issue echoes legal arguments made during Maurice Clarett’s challenge to the NFL’s draft eligibility rules in 2004. In that case, the U.S. Court of Appeals for the Second Circuit noted that eligibility restrictions also protect veteran players by limiting competition for roster spots.
That reasoning reinforces why the NFLPA has a legal and practical duty to prioritize the interests of its current members, even if Sorsby could eventually join the union.
Clock is ticking
Sorsby still has the option of taking legal action against the NFL if he believes the league has improperly denied his supplemental draft eligibility.
But time is becoming a major factor. Any lawsuit seeking to force the league to hold a supplemental draft would need to move quickly to have any realistic impact. Until that happens, the NFLPA remains stuck between protecting the players it already represents and staying on the sidelines as one of football’s most unusual eligibility disputes continues to unfold.