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Title: Colin Kaepernick Reportedly Files Grievance Against NFL Owners for Collusion
Source: http://bleacherreport.com/articles/2738805-colin-kaepernick-
URL Source: http://bleacherreport.com/articles/ ... ainst-nfl-owners-for-collusion
Published: Oct 15, 2017
Author: Rob Goldberg
Post Date: 2017-10-15 18:07:55 by XDMAR
Keywords: None
Views: 951
Comments: 13

After remaining unsigned through six weeks of the 2017 NFL season, Colin Kaepernick claims the league is participating in collusion.

According to Bleacher Report's Mike Freeman, the former San Francisco 49ers quarterback has filed a grievance against the owners for collusion under the latest collective bargaining agreement.

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Begin Trace Mode for Comment # 7.

#1. To: XDMAR (#0)

According to Bleacher Report's Mike Freeman, the former San Francisco 49ers quarterback has filed a grievance against the owners for collusion under the latest collective bargaining agreement.

Not boding well for Kaepernick is that he led SF to a 5-11 and then a 2-14 record last two years. He may not have a viable claim to a position as a starter with a high salary.

If he can show that he has been offered no employment because of his activism, even as a backup at a low salary, he may have an argument. He did not do much that the NFL is not allowing this year.

There were reports in August that he turned down an offer to for a backup position at minimum salary. The reports were denied. Their veracity is not known to the public.

nolu chan  posted on  2017-10-15   20:25:18 ET  Reply   Untrace   Trace   Private Reply  


#6. To: nolu chan (#1)

If he can show that he has been offered no employment because of his activism, even as a backup at a low salary, he may have an argument.

That's a sad statement right there. What happened to our FREEDOM in this country? Every team owner should be allowed the FREEDOM of allowing or not allowing any person to play on the team, FOR ANY REASON.

It's not a constitutional right to make a pro team... and the teams aren't government owned. Fuck that reverse racist afro wearing shit eater.

GrandIsland  posted on  2017-10-15   22:09:07 ET  Reply   Untrace   Trace   Private Reply  


#7. To: GrandIsland (#6)

What happened to our FREEDOM in this country? Every team owner should be allowed the FREEDOM of allowing or not allowing any person to play on the team, FOR ANY REASON.

There are some reasons an employer cannot refuse to hire or fire someone. Of course, the employer need not volunteer the reason he does not want the mediocre Colin Kaepernick and all his baggage. He was 2-14 last year, and he averaged throwing less than 200 yds/gm the last two years. Good luck to him trying to prove collusion.

To be clear, the players have no, zero, constitutional right to demonstrate while at work in the workplace. If the league chose to define political protests on the job as conduct detrimental to the league, the NFL could enforce that as policy and suspend or terminate those who refuse to act with common decency and manners in the workplace. The employees, NFL or otherwise, have no constitutional right to insult and drive away customers. The real problem is that league management/ownership is condoning this bullshit to their own detriment. I can exercise my right to not associate.

This may be a more sensitive matter with the NFL because they operate a monopoly with an anti-trust exemption, and they are engaged in a pissing contest with the President.

Mark Geragos appears to be somewhat of a Kardashian of the legal profession. He is famous for representing famous personalities, such as Michael Jackson, et al. He is not famous for winning famous cases.

Note that this is not a lawsuit, but a demand for arbitration addressed to the NFL. It is filed with the NFL, the NFLPA, and the individual teams; not a court. I would regard it mostly as a public relations stunt to give Mark Geragos a platform to perform in front of the cameras.

Note further below I give the CBA Burden of Proof for a claim of collusion. It is very favorable to the NFL.

From pp. 1-2 of the Demand for Arbitration:

TO THE NATIONAL FOOTBALL LEAGUE AND ALL 32 TEAMS COMPRISING THE LEAGUE:

PLEASE TAKE NOTICE THAT CLAIMANT COLIN KAEPERNICK hereby commences an Enforcement Proceeding pursuant to Articles 15 and 17 of the National Football League ("NFL") Collective Bargaining Agreement ("CBA"). CBA Article 17, Section 1 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 as follows:

(i) whether to negotiate or not to negotiate with any player; . . .

(iii) whether to offer or not to offer a Player Contract to any player; . . . or

(v) concerning the terms or conditions of employment offered to any player for inclusion, or included in, a Player Contract.

CBA Art. 17, § 1.

During the 2017 NFL season and continuing to the present, the NFL, by and through all NFL team owners, NFL employees, and team employees, have entered into and enforced, implied and/or express agreements to specifically deprive Claimant Colin Kaepernick from employment in the NFL, as well as from practicing with and/or trying out for NFL teams for which Mr. Kaepernick is eminently qualified. Respondents NFL and NFL Team Owners have colluded to deprive Mr. Kaepernick of employment rights in retaliation for Mr. Kaepernick’s leadership and advocacy for equality and social justice and his bringing awareness to peculiar institutions still undermining racial equality in the United States. Further, Respondents have retaliated against Mr. Kaepernick in response to coercion and calculated coordination from the Executive Branch of the United States government. Colin Kaepernick demands the prompt selection of a System Arbitrator pursuant to Article 15 of the CBA, expedited discovery including depositions and document production pursuant to Article 15, and a prompt Article 17 enforcement proceeding.

Under Article 17, ANTI COLLUSION, section 6 states the reality of the burden of proof that faces Colin Kaepernick.

Section 6. Burden of Proof: 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 in Section 1 above. However, any of the types of evidence described in the preceding sentence may support a finding of a violation of Section 1 of this Article, but only in combination with other evidence which, by itself or in combination with such evidence, indicates that the challenged conduct was in violation of Section 1 of this Article. Nothing in this Agreement shall preclude the NFL or its Clubs from arguing that any evidence is insufficient to satisfy the burden of proof set forth in Section 5 above. Nothing in this Agreement shall preclude the NFLPA or any player from arguing that any evidence is sufficient to satisfy the burden of proof set forth in Section 5 above, except as set forth above.

nolu chan  posted on  2017-10-16   1:52:02 ET  Reply   Untrace   Trace   Private Reply  


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