Report: Colin Kaepernick Is Filing A Grievance Against The NFL Under The Collective Bargaining Agreement
Updated: October 15, 2017, 8:43 p.m. EST
Attorney Mark Geragos has confirmed that he filed a grievance on Colin Kaepernick’s behalf against the NFL. He released a statement explaining that the unsigned quarterback pursued all other options before choosing this course of action:
“We can confirm that this morning we filed a grievance under the CBA on behalf of Colin Kaepernick. This was done only after pursuing every possible avenue with all NFL teams and their executives.
“If the NFL (as well as professional sports leagues) is to remain a meritocracy, then principled and peaceful political protest – which the owners themselves made great theater imitating weeks ago – should not be punished and athletes should not be denied employment based on partisan political provocation by the Executive Branch of our government. Such a precent threatens all patriotic Americans and harkens back to our darkest days as a nation. Protecting all athletes from such collusive conduct is what compelled Mr. Kaepernick to file his grievance.
“Colin Kaepernick’s goal has always been, and remains, to simply be treated fairly by the league he performed at the highest level for and to return to the football playing field.”
Original Story
After taking a knee all last season in protest of police brutality, Colin Kaepernick has become a persona non-grata in the NFL. The healthy, viable quarterback has been passed over for many a job and he has now decided to take action. Reports say that Kaepernick is preparing to file an official grievance against the NFL charging the owners with collusion.
Mike Freeman tweeted that the former San Francisco 49ers player has hired attorney Mark Geragos and that an official statement will be released in the near future.
I am told that @Kaepernick7 has filed a grievance under the CBA for collusion against the owners. If accurate, this is huge.
— mike freeman (@mikefreemanNFL) October 15, 2017
More: @Kaepernick7 is preparing statement about his filing of grievance against owners for collusion under CBA. It should be released soon.
— mike freeman (@mikefreemanNFL) October 15, 2017
Kaepernick has hired attorney Mark Geragos. Who has represented numerous high profile clients.
— mike freeman (@mikefreemanNFL) October 15, 2017
Jason La Canfora confirmed just minutes later that Kaepernick is indeed moving forward with the action.
Colin Kaepernick is pursuing a collusion grievance against the NFL under the CBA, source says. NFL spokesman says he is checking on it
— Jason La Canfora (@JasonLaCanfora) October 15, 2017
Sports Illustrated’s Michael McCann explained collusion this way back in March:
“Collusion occurs when two or more teams, or the league and at least one team, join to deprive a player of a contractually earned right. Such a right is normally found in the collective bargaining agreement signed by a league and its players’ association. For example, the right of a free-agent player to negotiate a contract with a team cannot be impaired by a conspiracy of teams to deny that a player a chance to sign.”
Team owners, the NFL Players Association executive director, and the NFL Commissioner will be meeting this week to discuss how they will handle national anthem protests moving forward. This action will now likely top the agenda.
Attempts by Dallas Cowboys owner Jerry Jones and Miami Dolphins owner Stephen Ross to make standing for the anthem mandatory has sparked discussions about the constitutionality of their mandates. Not only will Colin Kaepernick be able to draw on their apparent refusal to allow players on their rosters to protest, it will also support his argument that this is the reason he does not yet have a job.
Yahoo Sports reported that NFL general counsel was notified by Kaepernick’s team on Friday of his intent to file his grievance. Since opting out of his contract with the 49ers at the end of last season, Kaepernick has had zero job offers. He alleges that the owners conspired to keep him out of the NFL. This collusion violates the NFL collective bargaining agreement that was entered into by the league and the NFL Palayers Association in 2011.
Kaepernick’s attorneys are demanding that owners turn over any and all communications, documents, and/or depositions pertaining to their client–and they want it fast. Their goal is to prove that Kaepernick was effectively blackballed. The burden of proof may be heavy, but if the quarterback ever wants to play again this might be the only way back.
[Featured Image by Marcio Jose Sanchez/AP Images]
