Colin Kaepernick investigates a claim of collusion against NFL team owners

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This was published 6 years ago

Colin Kaepernick investigates a claim of collusion against NFL team owners

By Mark Maske
Updated

Unsigned quarterback Colin Kaepernick is making plans to potentially pursue a claim of collusion by NFL teams, accusing them of improperly conspiring to keep him out of the league, according to a person familiar with the deliberations.

Kaepernick opted out of his contract with the San Francisco 49ers following last season. The team has said it would have released Kaepernick rather than retaining him under the terms of that deal. He has remained out of work, being passed over by teams in favour of other quarterbacks following a 2016 season in which Kaepernick refused to stand for the national anthem prior to games, as a protest of the treatment of African-Americans in the US.

Former San Francisco 49ers quarterback Colin Kaepernick (centre) kneels during the US national anthem.

Former San Francisco 49ers quarterback Colin Kaepernick (centre) kneels during the US national anthem.Credit: AP

The NFL is expected to decide this week whether to force players to stand for the national anthem.

NFL Commissioner Roger Goodell said last year that he supported players who want to see change in society, even if he didn't necessarily agree with the protest.

Green Bay Packers quarterback Aaron Rodgers is attended to by medical staff.

Green Bay Packers quarterback Aaron Rodgers is attended to by medical staff.Credit: AP

"Players have a platform, and it's his right to do that," Goodell said at the time, in reference to Kaepernick, who kicked off the silent protests to highlight inequities in the criminal justice system.

Just weeks ago, some team owners locked arms with players after Trump called for the firing of "son of a bitch" players who protested.

Several issued statements supporting the players' freedom to express themselves and chastising Trump for his comments.

Dallas Cowboys owner Jerry Jones even knelt with his players just before the anthem. But he has since threatened to bench those who "take a knee," drawing public praise from Trump. Jones said on his radio show that he decided to draw a "bright line" in part because of Trump's activism in the debate. (Jones donated $1 million to Trump's inaugural fund.)

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Miami Dolphins owner Stephen Ross, who previously supported players for kneeling to protest racial inequality, told the Palm Beach Post that Trump "has changed that whole paradigm of what protest is." He said shifting public perception now makes it "incumbent upon the players today" to stand and salute the flag.

The plan for Kaepernick to pursue a grievance under the sport's collective bargaining agreement was first reported by Bleacher Report.

Kaepernick reportedly has hired an attorney, and it appeared Sunday that he was making plans to pursue the collusion claim independently from the NFL Players Association.

The CBA prohibits teams from acting in concert to make decisions about a player's employment or contract status.

"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," the CBA says, adding that applies to "whether to negotiate or not to negotiate with any player" and "whether to offer or not to offer a Player Contract to any player," among other things.

Legal experts call such cases difficult to prove. Under the CBA, the mere fact that a player is unsigned does not constitute evidence of collusion.

"The failure by a Club or Clubs to negotiate, to submit Offer Sheets, or to sign contracts with Restricted Free Agents or Transition Players, or to negotiate, make offers, or sign contracts for the playing services of such players or Unrestricted Free Agents, shall not, by itself or in combination only with evidence about the playing skills of the player(s) not receiving any such offer or contract, satisfy the burden of proof set forth . . . above," the CBA says.

NFL Commissioner Roger Goodell and several owners have said since the offseason that Kaepernick was not, in their view, being blackballed from the league. They said that teams were making individual decisions about whether signing Kaepernick made sense for them.

The Seattle Seahawks and Baltimore Ravens publicly considered signing Kaepernick this off-season, but decided against doing so.

Bad break for Rodgers

Green Bay Packers quarterback Aaron Rodgers suffered a broken right collarbone during Sunday's game against the Minnesota Vikings, the team said.

The Packers said in a tweet that there was a chance Rodgers could miss the rest of the season.

Rodgers suffered the injury in the first quarter after taking a hard hit from Vikings linebacker Anthony Barr.

"Losing Aaron Rodgers speaks for itself. In my opinion, he's the best player in football," Packers head coach Mike McCarthy said.

It was the second broken collarbone of Rodgers' pro career. He missed seven games in the 2013 season after suffering a similar injury versus Chicago when he broke his left (non-throwing) collarbone. Rodgers, 33, led the Packers to the Super Bowl title after the 2010 season, and is a two-time league most valuable player.

Washington Post, Reuters

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