Kaepernick hopes to invalidate the CBA through collusion grievance

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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.

113 responses to “Kaepernick hopes to invalidate the CBA through collusion grievance

  1. Just so everyone is aware, you can use your status and star power as a platform to give a voice for those who dont have one.
    But NOT at the cost of the National Anthem and disrespecting our flag and our country and most of
    America.
    Just so Eminem understands this along with the other Leagues. nfl nba mlb etc..

  2. People need to realize just because an owner refuses to sign Colin Kaepernick does not by any means indicate they support unnecessary killing of African Americans by police officers nor do they have to sign Kaep just to prove wrong these people coming at them with the ridiculous assumptions and accusations of being racist just because of the fact that they refuse to sign Kaepernick. Get real people. Stop using the NFL as a scapegoat for racial inequality.

  3. Wow – this isn’t about wanting to be treated fairly, this is about wanting to see the NFL burn. I guess he is truly following in the steps of Che.

  4. Probably will not work. But, it is interesting that the owners think that fans don’t mind a murderer, drunk, rapist, and just bad dude on the team compared to colin.

  5. Of course he is, Kaepernick is a self-anointed messiah. If only the world would genuflect to his greatness, there would be eternal happiness for all.

  6. I’d love to see this grievance get legs. It would be interesting/entertaining for one thing, and it’s always enjoyable watching the owners and Goodell sweat profusely. Plus, it would annoy the Neo-Nazi Trump-led camp that can’t stand Kap. Fun times!

  7. Bailed on his team, but now wants to rip up the CBA. Railed against unfairness in the system, but refused to vote. The only difference between Kaepernick and a professional arsonist is no arsonist would be dumb enough to wear that hair cut.

  8. You really think forcing renegotiation of the CBA in a year when the NFL’s television ratings are cratering will be of any benefit to the players? Nice move bonehead.

    It’s pretty safe to say that win, lose or draw he’s played his last game in the NFL.

  9. So typical, “I CAN’T GET A JOB BECAUSE EVERYONE IS RACISTS “!!! When it SHOULD be” I was wrong, I really CAN’T play the game like I should in this league ! The OWNERS should Counter Sue for Loss of Revenue, Fraud and Slander !! Maybe they should just pay him what he is WORTH, how much IS a Happy Meal nowadays?

  10. Actually, CK just wants to make sure he remains in the headlines, and we get at least 3 articles a day to read about him….

  11. Im pretty sure owners would have public opinion on their side. I’m not sure a majority of players would be happy about this either. And why does the author think this would benefit players. Probably lead to a lockout and loss of $

  12. Please go away. Your not helping anyone. People are sick so sick of you! How Does it feel to have 80% of people hate you and 20/% think your something special? Let try let nfl and some of your (brothers) survive or your all gonna be done and broke!

  13. Average passer, good legs but not enough to offset his lack of ability in the pocket. You want to be a social activist AND a starting quarterback? You better have mad skills to offset the distraction that nobody wants.

    Good riddance.

  14. 1sttimepftcomment says:
    October 15, 2017 at 9:02 pm
    Please go away. Your not helping anyone. People are sick so sick of you! How Does it feel to have 80% of people hate you and 20/% think your something special? Let try let nfl and some of your (brothers) survive or your all gonna be done and broke!

    ——————————————————————————————

    I agree with everything you said except the 80% / 20% thing. I think it’s more like 90% of the people hate him and 10% support him.
    I wish he’d take a long walk off a short pier.

  15. blackcatnfl says:
    October 15, 2017 at 8:55 pm
    He’s 100% right and the owners have admitted it. Easiest lawsuit ever….

    ———————–

    Easiest lawsuit ever, indeed….for the owners that is. It’s going to be pretty tough for him to prove collusion against him when he had a contract that he willingly opted out of.

    Why is it so hard to believe that 32 owners simply don’t want him?

  16. SJWs are terrible for business — if you let them in they will destroy everything that you built because that is all they know how to do. The NFL is slowly learning that lesson. Sad.

  17. So, if the CBA is terminated, wonder what it will mean for all of the suspensions ? Goodell abused his power, but with no CBA to back them up, things would get very interesting. Although, proving the collusion would be difficult.

  18. Lol at the half of this country that has been bamboozeled isn’t constantly siding with ownership over labor. America is truest the dumbest country in the world. Seriously half this country thinks it’s a better idea to give rich people more money instead of giving them healthcare and a safety net.

    And the world keeps laughing at us.

  19. It is not collusion when owners find a player so disgusting and so worthless that they independently reach the same conclusion even as their own QB’s are injured.

    Colon Krappernick is proving he is also an idiot unfit to be an employee anywhere.

  20. Screwing the cba is the long play as it will drag out kneeling protests and keep ratings on the decline and controversy up which the owners do not want.

    The short play is leaning hard on a team to sign this guy to avoid that mess.

    Ugly situation for the Nfl regardless

  21. This hasn’t exactly snuck up on the NFL, they’ve been preparing for it for a year, so I imagine they’ve taken the necessary steps to inoculate themselves. It was never Squid’s serious intent to play, he just wanted to make a plausible enough appearance of wanting to play to go to court. I think the NFL probably has the goods to prove that.

  22. I think they independently decided he isn’t worth the trouble.what proof can this guy have? You need more than the no one hired me bs. All he is doing is assuring that he wont get another job. I think he could be an ok backup but no one wants the drama. here is the list of kap offenses. He was wearing socks that said cops are pigs, he had on a Castro shirt and suggested he was a great leader, he started the disrespectful kneeling trend that has cost the NFL millions, he called the only owner considering him for employment a racist and the franchise legend Ray Lewis a slave, now he is during the NFL for something he had no hope of ever proving. I hope no one thinks this is the right way to get a job. This Sad misguided man has done more to hurt his cause than Donald trump!

  23. Pure silliness. Some questions: What were his salary demands? Who is the agent that contacted the NFL clubs on his behalf as the agent testifying against the NFL who will receive an interesting reception as soon as he or she is identified? If the CBA is dissolved, do we cancel the season because Kaepernick is not on a team? He seems to want to destroy the game because they don’t have him on a team. Egotist beyond belief. Or perhaps we should force a team to sign him and then the demand will be to play him. This is racial politics gone mad. It is no longer about right and wrong – it’s about Kaepernick and his employment. All who support him need to realize the blatant truth – this is not about helping people – it’s about elevating Kaepernick! Evidence of collusion will be difficult since Kaepernick has been publically silent. He has publically called for the destruction of the US legal system; his girlfriend has called Ray Lewis an adoring slave; all police are “pigs”, etc. What is his evidence of collusion – his perfect skillset or his unquestioned superiority over other benched quarterbacks who want to be paid like starters or who would alienate 80 – 90% of the paying customers?

  24. If there was no collusion in the Skins and Cowboys multi-million$ cap penalties for not following the salary cap in a non-cap year, there is no way there is any collusion in not signing this moron.

  25. bannedfromchoirpractice says:
    October 15, 2017 at 8:50 pm
    I’d love to see this grievance get legs. It would be interesting/entertaining for one thing, and it’s always enjoyable watching the owners and Goodell sweat profusely. Plus, it would annoy the Neo-Nazi Trump-led camp that can’t stand Kap. Fun times!

    ———
    Stereotype much? What if I voted against Trump, wish it was legal to punch nazis, and think Kaepernick would be harmful to any team that gets involved with him?. What does that make me?

  26. So he will get to choose his team after he wins this case? And I assume he’ll be handed a starting position for social justice for all? This is the stupidest thing I’ve read in the past 33 years of my life.

  27. blackcatnfl says:
    October 15, 2017 at 8:55 pm
    He’s 100% right and the owners have admitted it. Easiest lawsuit ever….

    —————
    I dont think you understand what would have to be proven here. That the owners have all agreed that he would be bad for their teams would not be collusion. What he needs is someone willing to say that they entered into a pact that no matter what, even if he was not bad for their teams they all agree to not hire him in order to provide some sort of gain for themselves.

    That they have been letting so many other players protest, openly supporting them and even standing with them will kill any argument that they were blackballing him for protesting.
    As far as Kaeps actions and how he might be bad for any team the NFL lawyers will use everything there is against him to show that. These are very clever and very ruthless lawyers. They will rip him to shreds.

  28. gogreenbiotch says:
    …”America is truest the dumbest country in the world.”

    If the majority of us were dumb enough to write a sentence like that, you’d have a valid point.

    “And the world keeps laughing at us.”

    Wrong again. People WANT to come here from foreign lands, always have. Better opportunity here than most places in the world. We have a huge problem with illegal immigration because those people are fleeing far worse conditions in their own country, for the opportunities that the USA provides. Nobody would be storming our borders if this was as awful a place as guys like you and Kaepernick want people to believe.

    Keep it up, far left zealots. This is how we wound up with Trump in the first place. If you want 4 more years of him behind the first 4, just keep behaving like this – he’ll be a lock for re-election.

  29. Here’s and ironic thought……

    Trump going after the NFL on the flag thing will probably work in favor of the league. They can march out owner after owner who will say they were scared that signing Kap would have negatively affect team revenue and/or prompt massive fan backlash.

    A few weeks ago Trump called attention to the few players who,were still kneeling….and it caused a massive fan backlash which has negatively hurt revenue (direct tv was giving refunds over the issue). You could argue that Kap isn’t even on an NFL team….and he’s still having a massive negative effect.

    Collusion is already difficult to impossible to prove….then throw in that all 32 owners can testify that this is exactly what they were afraid of.

    I think Kap will have a hard time finding a judge liberal enough to even consider this legitimate.

  30. reppster says:
    October 15, 2017 at 9:56 pm
    So he will get to choose his team after he wins this case? And I assume he’ll be handed a starting position for social justice for all? This is the stupidest thing I’ve read in the past 33 years of my life.

    ——————
    He should ask for Brady’s job then.

  31. ———–
    Jazz rocks! says:

    Stereotype much? What if I voted against Trump, wish it was legal to punch nazis, and think Kaepernick would be harmful to any team that gets involved with him?. What does that make me?
    ———–

    You might have some violence issues to work on, but, overall, it sounds like your heart is in the right place.

  32. Yeahhhh, it’s not gonna work. The NFL doesn’t wanna deal with the SJW cult leader that started the trend of not standing for the Anthem.

  33. The same people complaining about Kaep doing this are the same people complaining about Goodell unfairly suspending their players. Or the stupid Thursday night games. Lol the irony

  34. He needs to quit taking advice from his Socialist/Racist girlfriend…she has taken him down the road of no return

  35. kneedragr says:
    October 15, 2017 at 9:17 pm

    Didnt this guy opt out of his job that was going to guarantee him 10M?
    ——————————–

    No, he didn’t. He opted out of a contract that he was going to be released from anyway.

  36. Wow, the players won’t be getting more money under a new CBA. They’ll be forced to take less if it were to ever happen.

    He’s now actively going to destroy the players who stupidly sided with his ignorance?

    Players whose ‘big’ recent signed contracts might be voided under this deal? Injured players?

    Wow, simply wow. Be careful what you wish for, you just might get it.

    Of course he’ll never prove it. He had chances to be on a team, and teams brought him in. Each team made individual decisions about him. This should make proving collusion far more difficult.

    Does Pete Carroll, Paul Allen, and John Schneider feel a slap in the face from this? They should.

    His action on/off the field also made himself toxic to the other owners who individually decided not to bring him in for this and/or lack of performance/schematic fit.

    If anyone he should blame besides himself, it is his psycho girlfriend who soured the Ravens from signing him. That isn’t collusion, it’s his side destroying the opportunity that was extended to him.

    He threw Ray Lewis under the bus who was trying to help him. He’s attempting to throw all players under the bus. I’m sure players will be thrilled.

    Given the current CBA, the cap would still go up by quite a bit until it is over, and then all bets are off. However these cap gains will never be realized if the CBA is terminated. They held the cap down at the beginning of the CBA to ensure revenue was there to then be paid on the back end, which is these last few years. Had to average a certain amount (% of revenue) of the life of the CBA, and they are ‘catching up’ to that average now.

    ESPN is bleeding money and in the end if the NFL doesn’t get the same or better deal, there’s thousands of potential other players who will play for less.

    Never mind that he started this whole situation which is seeing boycotts being called on both sides of the debate, declining viewership, suspended media members, etc. None of this is good for the players.

    Meanwhile this isn’t a normal labor situation where everyone will agree to form together to fight for Kaepernick. This would be an artificial ‘strike/labor line’.

    We saw where most players stand, literally against him on the field when their livelihood isn’t taken away, and I doubt they’ll suddenly stand with him on this when their livelihood is actually at risk. Think about it, if the vast majority didn’t kneel for free, they aren’t going to side with him with this.

    I would think many would cross the labor line that Kaepernick decided to draw in front of everyone and say screw Kaepernick.

    He just wrote a check, expecting all the players butts in the NFL have to cash.

    But he already made his money didn’t he. Meanwhile he is still an absolute ignorant fool. Could of done good, instead he created this crap because he wanted it to be about racism instead of policy.

  37. thegreatgabbert says:
    October 15, 2017 at 9:23 pm
    This hasn’t exactly snuck up on the NFL, they’ve been preparing for it for a year, so I imagine they’ve taken the necessary steps to inoculate themselves.

    ———————————

    I don’t think he is going to win, but I also am absolutely certain you are giving Roger & Co waayyyyyy too much credit here. Preparation? lolololololol

  38. bannedfromchoirpractice says:
    October 15, 2017 at 8:50 pm
    I’d love to see this grievance get legs. It would be interesting/entertaining for one thing, and it’s always enjoyable watching the owners and Goodell sweat profusely. Plus, it would annoy the Neo-Nazi Trump-led camp that can’t stand Kap. Fun times!
    ————–
    At what institution of higher learning were you taught that Trump followers were members of or followers of The National Socialist Party? Those of the Socialist persuasion can be found in the Bernie Sanders wing of the Dem party. The far right, which by definition favors limited government and freedom has no association with the Socialist parties.

  39. Metaphorically, Kaepernick believes torching the NFL down to the ground is the way to build something.

    All this guy has been is destructive, not constructive.

  40. The Commissioner always had and always will have absolute power in player discipline. That has never and will never change unless the NFLPA adopts it’s own Code Of Conduct. He has not abused the power. Colin was not fired from his job. He lost his starting job and then opted out of his contract. He has not been hired because of his performance and his unwillingness to accept a lesser role. For him to claim that he does not have a job because of his protest is just not fair to the NFL who never once took action against him. He sucks fair and square and lost his job because of it.

  41. Unfortunately for Kaep 2 owners actually openly supported him Jed York and Shad Khan. The Niners didn’t mind his kneeling and axed him for football reasons, namely salary and Shanny didn’t think he could run the WCO. Shad said Kaep was welcome if the coaches wanted him. Biscotti was waffling between signing him and not ultimately deciding he wasn’t worth the trouble. It’s clear a few owners specifically didn’t want him or were scared of fan backlash but in know way was it league wide collusion.

  42. Maybe Kaep can make it a class-action lawsuit. He can include the names of other players who remain unemployed due to collusion on the part of the NFL owners. I propose the following names be added:

    Tim Tebow
    Terrell Owens / Chad Johnson (they’re a package deal)
    Vince Young
    Kevin Kolb
    Al Del Greco

  43. ayokel21 says:
    October 15, 2017 at 10:32 pm
    As long as it annoys you mouth-breathing Trump-supporters, I’m all for it.

    +++++++++++++++++++++++++++++++

    probably not half as annoyed as you were last November

  44. I’m 99% certain collusion occurred, and 99% certain that it can’t be proven in court.

    That said, Goodell and friends have bungled things badly before, maybe they can help that 1% pay off!

  45. “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.”

    How so? From where I sit, it looks like the complete opposite. Honestly, to me it would seem that the owners would have all the leverage. If they can prove that league revenues are trending downward (due to the protests or otherwise), then the players will likely be forced to make more concessions. That 18 game schedule they so dread could become a reality.

  46. —————-
    vjack says:

    At what institution of higher learning were you taught that Trump followers were members of or followers of The National Socialist Party? Those of the Socialist persuasion can be found in the Bernie Sanders wing of the Dem party. The far right, which by definition favors limited government and freedom has no association with the Socialist parties.
    —————–

    Bernie identifies as a Democratic Socialist. Did you just figure that out? I thought everybody knew that already.

  47. Don’t forget Jeff George. The league has collided against him for 20 years. And uncle Rico would have won state if they put him in the game in the fourth quarter. And then he’d have gone on to a big career. Pretty sure it was collusion against him too

  48. What he needs to prove is that there was some kind of secret way, either through memos (which would be idiotic of the NFL), some sort of secret meeting, or some other way, that the NFL owners all agreed amongst themselves that they would not sign Kaepernick.

    Unfortunately, the far, FAR more likely theory is that the 32 owners independently decided what he could offer on the field (not much anymore, he’s a mid to low level backup at best, particularly if a team doesn’t use an Option QB based offense) wasn’t worth the PR hassle he would cause in any city that hired him. The 32 owners have as much right to independently decide not to sign him as they do to independently decide not to sign me.

    What’s going to hurt his case is both Seattle taking an extensive look at him, and Baltimore reportedly being about to sign him before his girlfriend compared Ray Lewis and the team’s owner to a “house slave” and a slave master. As well, his declining stats before a slight uptick last year caused by playing in mostly garbage time are going to kill off any notion that collusion is the only possibility to explain why he’s not wanted this year. Also, RG3, also an Option QB, remaining unsigned hurts his case too.

  49. I doubt this goes anywhere but i would love a judge to ask him what he was thinking when he opted out of a $15 mill/yr contract and then decided it was someone else’s problem to make sure he got paid.

  50. Kaepernick needs to stop thinking about other people by challenging the CBA, and start thinking about himself. If he just outright sues the NFL, he’ll win $50 million dollars. If he selfishly attacks the CBA, he gets nothing.

  51. If he invalidates the CBA, then they’re one step closer to the NFL PA breaking up, which means the owners can start hiring scabs. The Salary Cap will still apply, but I expect the union-related wages would be exempted.

  52. Sounds alike a real team player with the best interests of the game in mind. Why wouldn’t owners be rushing to sign him!

  53. This is destined to fail miserably. Essentially what he is saying that he should be guaranteed employment by the NFL. If he has a case, then so does Greg Hardy, Johnny Manziel, Ray Rice, T.O, and every other player who is currently unemployed, heck even Jamarcus Russell..!

  54. BOTTOM LINE. Sure anyone has rights to protest non violently which will be protected by law in this fabulous, not perfect (human after all), but fabulous country. Through protest our nation becomes a better union. the creators of the Constitution heralded this principal and many have died defending freedom of rights for all. Whatever principal(confusing as it may be) Mr. K. is championing, the manner and venue in which he chose to present those ideas may have not been the best for his cause. Yes, he has all the right in the world to protest peaceably. The U.S. will stand to protect that right.

    HOWEVER, that doesn’t mean when you fight for something you won’t get backlash or exposure to a varying opinion.
    NOW it is also the right of every paying fan of the NFL to decide to react in any way they see fit. Mr. K did not anticipate that others have protected rights also.
    Unfortunately, money talks. He can’t have his cake and eat it too. Good luck with that!
    BOTTOM LINE.

  55. Sounds like he is suing because his girlfriend told him he was a “Victim” and “Entitled” to whatever job he wants and lots of $$…

    Hope he ends up saying, “Would you like fries with that?”

  56. So Kaestro is colluding with De Smith to invalidate the CBA by filing a collusion grievance? Is that about the sum of things?

    Many people here predicted the anthem protests would kill the league. They were right.

    Kaestro keeps showing us all who he really is, and it just keeps getting uglier and uglier.

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