R
Rosewater
Guest
Any comments as to what the UPA brings to the table when it comes to a tournament? We have been watching their website and are wondering what influence they really have over their membership.
Ken in CT said:There is only one tangible benefit to going through the extreme pain of getting a UPA sanction. You lose control of your own tournanent. You let CW dictate to all comers what hoops they must jump through to play in your?? event.
In exchange, CW agrees not to tell all his?? pros to avoid your event. He will not schedule another event on the same day of your event and force all his?? pros to attend that event (as if he has the resources to hold events to conflict with all the other promoters; what a joke!).
The tactics of the UPA clearly involve extortion and interstate racketeering. They rely on the reluctance of players to apply for injunctions to prevent their illegal demands. They ignore their own published statements, so it is useless to quote what they say on their web site.
Earl could have put them out of business 2 years ago. Everyone who becomes a member subjects himself to lawsuits that could ruin him financially.
Ken in CT
kollegedave said:Ken in CT,
How does entering into a bargained for agreement amount to interstate racketeering? If tournament directors don't want to submit to the conditions set out by the UPA then they don't have to do business with the UPA, right?
Can you give some examples of the UPA's "illegal demands"? Please understand that I am not trying to suggest that you can't, I am genuinely interested in what these demands sound like.
kollegedave
Ken in CT said:The simple answer is that CW threatens a boycott of any event that turns down his demand that they become sanctioned. Boycotts are legal in some circumstances. Particularly, if you are head of a union and are bargaining for the members.
It is not legal for the head of a union (which the UPA clearly is) to threaten a boycott if he is also a member who stands to benefit from the results of the boycott. Obviously, it is interstate commerce since the UPA operates in more than one state.
What CW does is probably extortion and since it involves interstate commerce it would be a federal violation of the RICO Act.
Another illegal thing he does is tell certain players that they may not take advantage of the clearly posted item on their website that permits them to enter a sanctioned tournament if they pay a fee of $25. CW has come up with the term "touring pro" that he can label someone. He then will not permit those players to take advantage of the conditions that are posted. He insists that they join as full members at the $100 level. They then become indentured servants of the UPA.
They are required to sign a contract that says they must play in all UPA events or they are in violation. In addition, the contract says that they will admit they are guilty if they are taken to court for not traveling to a tournament. Thus, the players are required to give up their right to due process.
I have been told that they are still negotiating with promoters in this manner even if Charley the Dragon is no longer president. I believe they have let up a bit with the players.
Ken in CT
kollegedave said:First, CW has stepped down, correct?
The contract players sign that stipulates to liability is called a "cognovit note" and the supreme court has said that such notes, while perhaps underhanded, are legal. So, you are absolutely correct in saying that "the players "give up their right to due process". However, the players are not "required" to do so, as they can simply choose not to sign and not to become a member.
One of the things that I guess I don't understand is why would a player would become a member if the UPA, if it is so bad? What has the UPA done to get such leverage on players?
Also, while the UPA, I guess...I don't really know, may be engaging in some underhanded conduct now, doesn't pool stand to gain quite a bit from a large and credible governing body of professional pool that can have the ability to garner large sponsors and stipulate to the skill level on tour? When the PGA was in its infancy I bet it didn't always act "saintly" to its players and promoters. i.e exclusion of minority players.
What I mean to say, is that professional pool may become more marketable if tournament sponors are guaranteed a certain skill level of players so when they (hopefully someday) put pool on TV there is not a match of Efren against me.
Thanks for answering my questions before
kollegedave
kollegedave said:One of the things that I guess I don't understand is why would a player would become a member if the UPA, if it is so bad? What has the UPA done to get such leverage on players?