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Kaepernick hopes to invalidate the CBA through collusion grievance
Kaepernick hopes to invalidate the CBA through collusion grievance
Posted by Mike Florio on October 15, 2017, 8:35 PM EDT
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Free-agent quarterback
Colin Kaepernick has filed a grievance against the NFL alleging collusion in relation to his ongoing unemployment. Eventually, we’ll explain what he needs to prove, and what he doesn’t need to prove, in order to show that collusion occurred. For now, let’s focus on what he wants to do.
Per a source with knowledge of the situation, Kaepernick wants to trigger termination of the current Collective Bargaining Agreement.
Article 69, Section 2 of the CBA allows for the agreement to be terminated prematurely in the event of proof of collusion. Under Article 17, Section 16(c) of the CBA, termination can arise from only one incident of collusion involving only one player if there is clear and convincing evidence of a violation.
The ramifications would be enormous, and historical. Kaepernick could give all players a tremendous piece of leverage, moving up the expiration of the contract by more than three years and forcing the owners back to the bargaining table.
Former NFL player Sean Gilbert proposed, in connection with his effort to become the NFLPA’s executive director, the potential termination of the CBA in early 2015, based on collusion arising from the funding rule applicable to guaranteed contracts. Gilbert did not win, and the collusion case was never filed.
Union will support Colin Kaepernick’s grievance, but had no role in it
Posted by Michael David Smith on October 15, 2017, 8:29 PM EDT
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The NFL players’ union says it will support
Colin Kaepernick in his
grievance against the NFL, but the union also says it had no role in it and didn’t even learn of it until it was reported in the media today.
In a statement issued this evening, the NFL Players Association said it plans to work with Kaepernick advisors.
“Our union has a duty to assist Mr. Kaepernick as we do all players and we will support him,” the statement said. “The NFLPA has been in regular contact with Mr. Kaepernick’s representatives for the past year about his options and our union agreed to follow the direction of his advisors throughout that time. We first learned through media reports today that Mr. Kaepernick filed a grievance claiming collusion through our arbitration system and is represented by his own counsel. We learned that the NFL was informed of his intention to file this grievance before today. We are scheduling a call with his advisors for early this week.”
It’s unclear why Kaepernick and his advisors did not inform the union about the grievance, but the union still seems to think it has a role in helping Kaepernick fight to get back on the field.
Union will support Colin Kaepernick’s grievance, but had no role in it