The PGA Tour Caddies Association has filed a multi-million dollar lawsuit against the PGA Tour.
The lawsuit, on behalf of some 82 caddies working the PGA Tour, is claiming compensation for wearing caddy bibs with corporate sponsorship but with no compensation.
The caddies’ class-action allegations in the Northern District of California include anti-trust and breach of contract and with complaint filed by Jimmy Johnson (Caddy to Steve Stricker), James Edmondson (Ryan Palmer), Damon Green (Zach Johnson), Tony Navarro (Gary Woodland) and Paul Tesori (Webb Simpson).
Rory McIlroy’s caddy J P Fitzgerald could benefit financially if a US lawsuit against the PGA Tour is approved. (Photo – www.golffile.ie)
“The purposes of this lawsuit are to compensate caddies who have been forced to wear the logos of Defendant’s corporate sponsors without remuneration, and to preclude Defendant from forcing caddies to provide these endorsement services gratuitously in the future,” the lawsuit states as its main contention in suing the Tour.
“The main issue in this lawsuit is whether Defendant may lawfully compel caddies to wear bibs during professional golf tournaments and then retain for itself the tens of millions of dollars in advertising revenue generated by those bibs annually.”
This dispute over compensation for wearing caddy bibs comes after another complaint with the PGA Tour to provide access to caddies or compensate them for adequate health insurance and also provide a retirement plan. The caddies, like their players, are not employees of the PGA Tour.
For more than a year, the Tour and the caddies have negotiated on bib compensation, health insurance and retirement. The caddies contend that the Tour will not budge on its existing $2,000 annual stipend for health-care coverage for caddies.
According to the caddies’ attorneys, Gene Egdorf of Houston’s Lanier Law Firm, the bibs are worth $50 million annually to the PGA Tour and its sponsors, and the caddies would like to be equally compensated for wearing the bibs.
Egdorf asks the court to go as far back as possible under the applicable statute of limitations to determine past years for compensation but leave future earnings to the caddies.
‘The caddies should be able to go out and market themselves for the bibs and get the best deal they can,” Egdorf told Golfweek on Tuesday at the Farmers Insurance Open at Torrey Pines. “Let the fair market decide what the caddies are worth and what the bibs are worth.”
Egdorf and caddie Ken Harms, who works for Kevin Na and serves as a board member for the Association of Professional Tour Caddies, said the lawsuit was a last resort.
“It’s taken these guys a long time to decide we don’t have any choice, and we’re hoping this will be the thing that gets them to listen,” Egdorf said of the Tour.
The caddies say they also were hesitant to file suit because of a fear of retribution by the Tour.
Because of that concern, Egdorf filed a proposed injunction with the court to prohibit the Tour from interfering with the employment relationship between player and caddie.
“The PGA (Tour) has talked to players and suggested they should terminate caddies who file a lawsuit or who complain,” Egdorf said. “There have been pretty overt threats made to caddies. There’s players who have told their caddies, ‘I do not want you to participate in this lawsuit. The Tour doesn’t want you to do it.’ ”
When asked specifically about any overt threats against caddies involved in the lawsuit, Tour spokesman Ty Votaw would not comment on any aspects of the lawsuit, citing policy involving ongoing litigation.
“All we’re asking for is fair compensation and let whatever the courts say is fair, is fair,” Harms said. “That’s all we’re asking for.
* Bulk of article appearing in Golf Week.
