Why Are Drew Brees, Saints Arguing About 2013 When 2012 Is Still in Question?

Attorneys for Drew Brees met with an arbitrator on Wednesday to determine just how much money he’ll make in 2013 if he’s unable to reach a long-term deal with the Saints before July 16 and has to play the 2012 season under the franchise tag and is then tagged for the 2013 season by New Orleans.

It’s no secret that Brees wants a long-term deal from the Saints to finish his career in New Orleans. But because the two sides have been unable to come to terms, Brees may be forced to play the 2012 season under the franchise tag for $16.4 million.

Stephen Burbank, the arbitrator in this case, said he’d have a ruling on this issue within a week. But what’s all the fuss about?

Why is it important to have a ruling on a 2013 salary when Brees’ 2012 situation is currently in jeopardy?

The problem stems from Brees’ days with the San Diego Chargers and the new collective bargaining agreement.

In 2005, the Chargers tagged Brees as their franchise player. Since Brees was tagged this season by the Saints, that makes the second time he’s been hit with the franchise tag. If no deal is struck and Brees plays under the franchise tag in 2012, he may be tagged again in 2013. But that could get expensive.

How expensive? Well, that’s what the sides are fighting about.

According to the CBA, when a player is tagged a third time, he is entitled to a sizable raise.

"

(b) Any Club that designates a player as a Franchise Player for the third time shall, on the date the third such designation is made, be deemed to have tendered the player a one-year NFL Player Contract for the greater of: (A) the average of the five largest Prior Year Salaries for players at the position (within the categories set forth in Section 7(a) below) with the highest such average; (B) 120% of the average of the five largest Prior Year Salaries for players at the position (within the categories set forth in Section 7(a) below) at which the player participated in the most plays during the prior League Year; or (C) 144% of his Prior Year Salary.

"

Make sure you read that properly. Brees would be entitled to the greatest of these three options in 2013, which would undoubtedly be “C) 144% of his Prior Year Salary.”

If Brees is tagged in 2013, he’ll make $23.62 million, a $7.22 million raise.

Even though the CBA ruling is very clear, what’s not clear is whether a 2013 franchise tag for Brees would be his second or third.

If Brees is tagged in 2013, it would definitely be the third time in his NFL career, but only the second with the Saints. New Orleans is arguing that they shouldn’t have to pay that “third-time” raise because they would have only tagged him twice at that point.

This is all about money, folks, and a sizable amount at that. It’s also in the hands of an arbitrators ruling right now.

Or Brees and the Saints could go ahead and finalize a long-term deal. Then all of this would go away.