NFLPA Lawyer on Administrative Leave Following Allegations
The NFL Players Association (NFLPA) has placed one of its top lawyers on paid administrative leave. The decision was made after several employees filed complaints with the union’s human resources department.
Heather McPhee, Associate General Counsel for the NFLPA since 2009, is the subject of the complaints. These allege that she did not follow the instructions of her superiors, in addition to accusations of intimidation of colleagues and alteration of the work environment within the union.
The decision to put her on leave comes months after her allegations helped spur a federal investigation into the financial affairs of the NFLPA and the Major League Baseball Players Association (MLBPA) in relation to OneTeam Partners, its $2 billion licensing company.
Matt Curtin, head of NFL Players Inc., the union’s licensing arm and a member of the OneTeam board of directors, is among those who filed complaints about McPhee’s work conduct.
Inside the union headquarters in Washington, D.C., McPhee was an open and frequent critic of the recently resigned NFLPA executive director, Lloyd Howell Jr.
The labor allegations against McPhee were detailed in a letter dated Tuesday and signed by the new interim NFLPA executive director, David White. The union hired an outside firm, Orrick, Herrington & Sutcliffe, months ago to investigate the allegations against McPhee.
In addition to the federal investigation, Ron Machen, a lawyer from Wilmer Hale hired by a special committee of players, is conducting a separate investigation into Howell’s leadership and other union governance issues. Howell resigned on July 17.
Sources with direct knowledge of the situation reported that the OneTeam investigation began after McPhee wrote several memos suggesting that the NFLPA could be in legal jeopardy after OneTeam pursued a bonus plan for its board members. Howell and MLBPA Executive Director Tony Clark held positions on the board.
Separately, a former MLBPA official anonymously filed a whistleblower complaint with the National Labor Relations Board, accusing Clark of misuse of funds and nepotism. Clark has denied any wrongdoing.
McPhee urged the NFLPA to investigate claims that OneTeam board members had allocated themselves shares. The NFLPA ultimately hired lawyer Richard Smith to investigate the OneTeam deal. Smith’s audit of the NFLPA’s dealings with OneTeam concluded in March, and McPhee alleged that Howell had improperly shut it down.
Multiple sources with knowledge of the situation reported that McPhee has not been considered an informant in the FBI case, which means she would not receive the legal protections of an informant.
The scope of the federal criminal investigation is unknown, but sources have revealed that the FBI has contacted several football and baseball players and the investigation is ongoing.
White, former leader of the SAG-AFTRA union for production employees in the film industry, was elected interim executive director of the union on August 4.
