Kaepernick files grievance
LANDOVER, MD. After remaining largely silent while languishing as a free agent for more than seven months, quarterback Colin Kaepernick filed a collusion grievance against NFL owners under the collective bargaining agreement, his lawyer and the NFL Players Association confirmed Sunday.
“If the NFL (as well as all 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,” lawyer Mark Geragos said in a statement.
According to the collective bargaining agreement, this
would go before an arbitrator.
Bleacher Report first reported the news. NFL spokesman Joe Lockhart said the league had no comment.
Kaepernick, who last played for the San Francisco 49ers last season, remains on the streets after opting out of his contract in March. Team officials said at the time they would have cut the quarterback had he not opted out. San Francisco is in the midst of a rebuild under first-year general manager John Lynch and coach Kyle Shanahan, and keeping Kaepernick would have translated into a $14.4 million salary cap hit.
Kaepernick last season became a polarizing figure after deciding not to stand for the national anthem in an attempt to bring awareness to police brutality against African Americans.
However, with many players now deciding to take a knee during the anthem to further the cause started by Kaepernick and with some whole teams engaging in protests, the quarterback has yet to receive an opportunity to return to the field.
And the lack of opportunity is believed to rank among the factors in his decision to file the grievance.
The CBA states, “No club, its employees or agents shall enter into any agreement, express or implied, with the NFL or any other Club, its employees or agents to restrict or limit individual club decision-making.”
Kaepernick decided to file his grievance against the league by hiring his own attorney rather than filing with the NFLPA and letting its lawyers engage in the legal fight for him.
Despite that move — not unique to Kaepernick — the players association remains in support of his decision to file the grievance because he is within his rights to do so, according to a statement.
Kaepernick certainly has a body of work that suggests he belongs on an NFL roster.
In 2012, he led San Francisco to the Super Bowl, which the team eventually lost to the Baltimore Ravens.
While recovering from various injuries, Kaepernick entered last season as the backup to Blaine Gabbert. Kaepernick started the final 11 games of the season and posted a 90.7 passer rating for the
49ers, who fired Chip Kelly this offseason.
Kaepernick’s unemployment, however, has prompted proponents to voice the belief he is being blackballed because of his outspoken ways.
They point out that at 29, and the owner of a 28-30 record and a career passer rating of 88.9, Kaepnernick has more potential and a better résumé than some starters and many backups on NFL rosters. Last season he completed
59% of his passes while throwing
16 touchdowns and four interceptions and sporting a 90.7 passer rating, second best of his career. That passer rating would place him among the top half of NFL starters this season.
Sunday after San Francisco’s game against Washington, former teammate Eric Reid was asked about Kaepernick’s collusion grievance. “It sure does seem like he’s being black-balled,” said Reid, who protested along with Kaepernick last season and continues to do so this season even with the quarterback no longer on the team. “I think all the stats prove he’s an NFL-worthy quarterback. That’s his choice and I support his decision, and we’ll have to see what comes of it.”
People within the NFL community have denied that teams have colluded against Kaepernick. Baltimore and Seattle officials both have said publicly that they considered signing Kaepernick. However both ultimately decided against that.
The argument that teams haven’t colluded against Kaepernick doesn’t appear strong when you take into account the fact teams have lost starters to injury and signed and/or started less-capable quarterbacks.
With Green Bay maybe having lost Aaron Rodgers for the season with a broken collarbone, it’ll be interesting to see if Kaepernick gets an opportunity.
Even if he does not, it’ll be hard to prove collusion because the CBA also states there must be clear evidence a player is being colluded against. A player simply remaining unsigned despite his qualifications is not enough grounds.