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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: 284
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.

Post Comment   Private Reply   Ignore Thread  


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#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   Trace   Private Reply  


#2. To: nolu chan (#1)

" he turned down an offer to for a backup position at minimum salary. "

How much is minimum salary ?

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

Stoner  posted on  2017-10-15   20:51:45 ET  Reply   Trace   Private Reply  


#3. To: Stoner (#2)

The last number I saw was $450,000 per year.

no gnu taxes  posted on  2017-10-15   20:55:59 ET  Reply   Trace   Private Reply  


#4. To: no gnu taxes (#3)

" The last number I saw was $450,000 per year. "

Just to play a friken game ? That is absurd. That is more than a lot of Doctors & lawyers.

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

Stoner  posted on  2017-10-15   21:27:52 ET  Reply   Trace   Private Reply  


#5. To: Stoner, no gnu taxes (#4)

As with many union shops, Kaep has unemployment insurance. Most people never mention this is also true in the NFL. He is making $12M to do nothing this year.

Kaep did voluntarily give up his existing contract to become a free agent. And now he finds he isn't as valued as he had hoped.

I see no way he gets anywhere in court making this argument. He voluntarily became unemployed after a record of declining performance over a period of years.

Tooconservative  posted on  2017-10-15   22:00:33 ET  Reply   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.

I'm the infidel... Allah warned you about. كافر المسلح

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


#8. To: no gnu taxes, Stoner (#3)

The last number I saw was $450,000 per year.

With his time in the NFL, I believe his minimum would be $900,000. The contract he terminated was worth a lot more. He chose to opt out.

nolu chan  posted on  2017-10-16   2:00:16 ET  Reply   Trace   Private Reply  


#9. To: Tooconservative (#5)

I see no way he gets anywhere in court making this argument.

Pls see #6. This is not in court. It is a demand letter for arbitration sent to the NFL, FNLPA, and the individual teams.

nolu chan  posted on  2017-10-16   2:03:10 ET  Reply   Trace   Private Reply  


#10. To: nolu chan (#8)

I read somewhere else that his full contract deal for 2017 was over $16M. And that his job insurance is paying $12M.

Tooconservative  posted on  2017-10-16   5:32:53 ET  Reply   Trace   Private Reply  


#11. To: GrandIsland (#6)

" Fuck that reverse racist afro wearing shit eater. "

LOL, yeah, he really is a piece of shit nig !!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

Stoner  posted on  2017-10-16   10:10:57 ET  Reply   Trace   Private Reply  


#12. To: Tooconservative (#10)

It is not clear to me that Kaepernick gets anything from insurance. He was not injured (or released), he opted out of his contract and couldn't find anyone willing to sign him.

http://www.businessinsider.com/colin-kaepernick-record-49ers-contract-2017-8

Colin Kaepernick received less than one-third of his 'record' $126 million contract

Cork Gaines
Business Insider
Sep. 10, 2017, 5:37 PM

After leading the San Francisco 49ers to consecutive NFC championship games and one Super Bowl, Colin Kaepernick was rewarded with a "record" seven-year, $126 million contract in 2014.

But after three seasons of declining production, including one season of headlines surrounding his protest of the national anthem, we got to see that the contract was not nearly as big as everybody made it out to be at the time.

In the end, Kaepernick received $39.4 million from the deal, or about 31% of the total most people touted.

The contract gave Kaepernick a $12.3 million signing bonus and a 2014 salary of just $645,000. Those were the only truly guaranteed portions of the contract, despite reports that Kaepernick's deal included a record $61 million in "guaranteed" money. It turned out the $61 million was only guaranteed if he were to suffer a career-ending injury.

Each year of the contract after the first, the 49ers were free to cut Kaepernick and not owe him any more money.

To make matters worse, Kaepernick was supposed to get his first large salary ($12.4 million) during the 2015 season. However, because of the way the contract was worded, that salary actually went down to $10.4 million. Kaepernick's salary went down $2 million each year if he was not named first- or second-team All-Pro, or if the 49ers didn't play in the Super Bowl the previous season with 80% of the snaps taken by Kaepernick. None of those things happened.

Kaepernick eventually restructured his contract during the 2016 season, turning the 2017 season into a player option. Knowing that the 49ers were going to release him later in the summer, Kaepernick opted out of his contract in early March hoping to take advantage of becoming a free agent earlier and having more time to secure a new contract.

In the end, Kaepernick's seven-year, $126 million contract turned out to be a three-year deal worth a tad more than $39 million. That is less than the three-year, $45 million contract Mike Glennon signed with the Chicago Bears this past offseason.

Meanwhile, six months later, the 2017 season is underway and Kaepernick is still without a job and he is without a big chunk of the $61 million "guarantee."

This post has been updated from its original version.

http://www.nfl.com/news/story/0ap3000000721181/article/kaepernick-took-out-insurance-policy-before-renegotiated-deal

Kaepernick took out insurance policy before renegotiated deal

By Ian Rapoport
NFL Network Insider
Published: Oct. 16, 2016 at 07:38 a.m.
Updated: Oct. 16, 2016 at 10:36 a.m.

San Francisco 49ers quarterback Colin Kaepernick put himself in position to start this week when he signed a reworked contract that, among other things, took away his injury guarantees for 2017. The change means San Francisco won't be on the hook for his $14.5 million base salary in the event of a major injury.

But Kaepernick did protect himself just in case.

According to several sources with direct knowledge of the situation, Kaepernick, who's set to take his first snaps as a starter in 2016 against the Bills, took out a $7.5 million loss-of-value insurance policy prior to signing his renegotiated contract. The policy covers Kaepernick in case of a serious injury in a way that is similar to what his now-removed injury guarantees did.

If Kaepernick were injured and collected under the loss-of-value policy, the $7.5 million maximum payout he collected would not be subject to income taxes (assuming he paid the insurance policy premiums himself). The $7.5 million proceeds from the insurance policy would net him the same money on an after-tax basis as if he made a $14.5 million salary.

In other words, for the price of a few hundred thousand dollars, Kaepernick is made whole in the event of an injury, while also reaping the benefits of his new deal. And there are benefits. Instead of a lengthy contract that kept him with the Niners until 2020, his new deal is just through 2017 -- but he has an option to void it after this season.

The opportunity to become a free agent prior to the league year in 2017 -- one Kaepernick is expected to utilize -- is a big one. If he thrives like the 49ers hope in Chip Kelly's offense, he'll be able to cash in again, either in San Francisco or elsewhere.

Other benefits include turning roster bonuses into guaranteed salary, giving Kaepernick an additional $1.375 million this year. Kaepernick can earn $1 million more in play-time incentives, with the threshold set under 50 percent.

And because he can void the deal and opt out beginning eight days before the 2017 league year, he can't be franchised. Plenty of factors that make for a win-win decision.

All the focus will be on the field Sunday for Kaepernick, who gets under center after a preseason that included a strong stance on social issues and improved health. His stance on social issues also has helped him build a stronger rapport with his teammates. But in the event it all goes wrong in San Francisco, he made sure to protect himself just as his team did.

Follow Ian Rapoport on Twitter @RapSheet.

nolu chan  posted on  2017-10-16   17:53:38 ET  Reply   Trace   Private Reply  


#13. To: nolu chan (#12)

Well, your info is far more complete than the drive-by info I gleaned from reading elsewhere. A lot of angles to Kaep's contract and insurance I hadn't read about elsewhere.

Tooconservative  posted on  2017-10-17   13:05:37 ET  Reply   Trace   Private Reply  


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