Upshaw Says Winslow Mistreated by Chargers

SAN DIEGO — Gene Upshaw, executive director of the NFL Players Assn., said Wednesday that the Chargers had “no grounds” when they suspended Pro Bowl tight end Kellen Winslow this week.

“We will consider filing a lawsuit against the Chargers regardless of what Kellen decides to do,” Upshaw said. “And as far as we can see, there’s nothing to prevent Kellen from suing as well.”

Wednesday night, Winslow’s agent met with Steve Ortmayer, the Charger director of football operations, in an unsuccessful attempt to resolve the matter.

“Progress is resolution,” Ortmayer said of his meeting with Jim Steiner. “We did not resolve this.”

As to Upshaw’s charges, Ortmayer said, “I’ll let the (NFL) Management Council respond to them.”

When the Chargers suspended Winslow Monday, they cited the Collective Bargaining Agreement of 1982. That agreement expired Aug. 31, 1987, but NFL management has been adhering to the provisions in the agreement since then.

The NFLPA has since sued the NFL on several matters. And, Upshaw said Wednesday, “It is our opinion that the agreement of 1982 is no longer in effect.”

Which means, according to Upshaw, that Winslow can sue the Chargers rather than having to go through grievance procedures outlined in the Collective Bargaining Agreement.

“I don’t see how the Chargers have any grounds to suspend him,” Upshaw said.

The Winslow-Charger dispute centers around Winslow’s contention that his surgically repaired right knee has deteriorated to the point that he can’t play anymore.

He said he informed the Chargers of that conclusion last week, and they responded by offering him half of his guaranteed 1988 salary of $795,000 if he agreed to retire.

Winslow declined, saying he deserved the full $795,000 because the contract was guaranteed.

The Chargers responded Monday by issuing a brief statement announcing the suspension.

“I’ve never heard of anyone being suspended for not playing,” Upshaw said.

Charger owner Alex Spanos was unavailable for comment. Winslow and Steiner have also avoided public comment since Monday. But Steiner jetted from St. Louis to San Diego Wednesday to meet with the Chargers.

Acting Charger player-representative Gill Byrd said he was surprised by Upshaw’s statement that the NFLPA no longer considered the Collective Bargaining Agreement to be in effect.

Byrd said Ortmayer met with the Charger players earlier this summer and explained to them the Chargers would honor the provisions of the agreement even though it has expired.

Said Byrd: “If Gene says, ‘No, we’re not living under the basic agreement.’ Then what are we living under?

“I think what Gene’s doing--and what management does at times--is to make things conducive to them by saying what they want to say at the right time. In other words, ‘I’m honoring the agreement now and not when it doesn’t benefit me.’ ”

But Upshaw was clear about his intentions to support Winslow, 30, who underwent offseason knee and ankle surgery and played in just one exhibition game this summer.

“This is really what our struggle has been all about,” Upshaw said. “You can talk about free agency and all those other issues. But no one looks at the human side.

“Kellen Winslow has been looked at as a commodity that you can just shove down and replace with another part. I’ve always had a hard time with that.

“I have to take the calls from the players’ wives on things like this, and I hear the crying. These are the real tragedies of the game.”

Upshaw, who played 16 years with the Raiders, said he hadn’t spoken to Winslow yet. But he said he plans to speak to either Winslow or Steiner. He also said he will advise Winslow to immediately seek a second medical opinion on the knee.

Winslow injured the knee against the Raiders in 1984, not long after signing a five-year contract estimated in excess of $3 million.

“I can remember when Kellen was holding out and people were accusing him of being greedy,” Upshaw said. “I told him not to let any of that bother him. I told him his career could end any time.”

It almost did in the Raider game that year. And even though he rehabilitated himself, Winslow was never the same player after the injury.

“Kellen Winslow is a dues-paying member of the union and has supported us in the past,” Upshaw said. “He will have our full support in this matter.”

After the suspension, Winslow complained publicly that his “honesty”--telling the Chargers he didn’t think he could play--worked against him. He said if he had kept his mouth shut, they would have placed him on injured reserve, and he would have collected his money.

“Players are honest,” Upshaw said. “That’s one of the biggest problems. Players are honest.”

“I just think the whole thing is a tragedy,” Byrd said. “I think it’s a big misunderstanding. I hope things get resolved real fast. As far as who’s right and who’s wrong? I don’t know because I don’t know the language of Kellen’s contract.”