Kaepernick Sues NFL Over Collusion To Deny Him Employment

[AngeloV]

There's a lot anger developing among NFL players over Trump's most recent comments on the national anthem and over the owners threatening to fine players for not standing for the national anthem only a couple of days after the players and owners reached a social justice accord. The negotiation of a new Collective Bargaining Agreement in 2020 was already looking like it was going to be difficult because many players feel their current agreement heavily favours the owners. The anthem issue is almost certainly going to contribute to more difficult negotiations.



https://www.yahoo.com/news/broncos-b...151008488.html

As well there should be anger. Yes, many get paid big time money to play, but the way the owners and specifically the idiot president are handling this is ridiculous.

[jerrym]

Former Pro Bowler safety Eric Reid has become the second player to charge NFL owners with collusion. Like Kaepernick, he has filed a grievance with the NFL Players Association that will go to arbitration using the same attorneys as Kaepernick.

Veteran safety Eric Reid has filed a grievance against the NFL, charging owners with colluding to keep him unemployed while other free agents are finding work this offseason. Reid has said that his decision to protest during the national anthem is the reason teams are steering clear of him. Reid, a former Pro Bowler, has been among the most prominent football players to kneel during the anthem, as a form of protest against racial injustice and police brutality. Even after Colin Kaepernick failed to find work last season, Reid continued taking a knee as a member of the 49ers.
Though he's expressed a willingness to stand during the anthem this season, Reid remains unsigned nearly two months into free agency....


The NFL declined to comment through a spokesman, citing the confidentially clause of the CBA regarding such a grievance.
Kaepernick addressed Reid's continued unemployment speaking last month at the Amnesty International Honors in Amsterdam, where Reid presented his former teammate with an award.
"Eric introducing me for this prestigious award brings me great joy," Kaepernick said. "But I am also pained by the fact that his taking a knee, and demonstrating courage to protect the rights of black and brown people in America, has also led to his ostracization from the NFL when he is widely recognized as one of the best competitors in the game and in the prime of his career."
The 26-year old Reid has been a starter in 69 of the 70 NFL games he's played since the 49ers made him a first-round draft pick in 2013. While Kaepernick has drawn the bulk of the attention — not to mention President Donald Trump's ire — for his decision to protest, Reid was alongside him throughout the 2016 regular season. ...


"This is not about the military," he told reporters following one game last season, "this is not about the flag, this is not about the anthem. My mother served in the armed forces. Three of my uncles served in the armed forces. In fact, my mom would have went to the Persian Gulf War if she wasn't pregnant with me. I have the utmost respect for the military, for the anthem, for the flag. So I will say that every time y'all interview me. This is about systemic oppression that has been rampant in this country for decades on top of decades. And I will continue to say and encourage people to educate themselves of how we got to where are today, because it didn't happen overnight. And it's not going to happen overnight to fix these issues, so we're going to keep talking about it."

http://www.chicagotribune.com/sports...502-story.html

[Wobbler]

I'm curious to see how this works out. The league certainly wants to sweep protests under the rug, but if large numbers of players either stay in the locker room with their team's permission or "need to change their cleats and can't make it out in time for the anthem" it'll send a pretty strong message.

[jerrym]

Unsurprisingly, the CFL won't be following the NFL in this.

The CFL will not be following suit after the NFL approved a new policy Thursday aimed at addressing the firestorm over national anthem protests permitting players to stay in the locker room during “The Star-Spangled Banner” but requiring them to stand if they come to the field. ...

The CFL and the Saskatchewan Roughriders issued statements of support after Rider players first linked arms during a game last September.
“We cherish our anthem because of the values it has come to represent. One of those values is freedom of expression. Regardless of whether we liked it or agreed with it, we would absolutely respect our players’ right to express their views in this way, which is peaceful and does not disrupt our game in any way,” the CFL statement read. “If the words ‘true north strong and free’ are to be truly celebrated, we must honour their meaning, not just their singing. We say this in a sincere and heartfelt attempt to be faithful to those who over the years have fought and sacrificed for our freedom by supporting, in the present day, the exercise of that freedom.”

The CFL does not plan on changing that approach this season a league spokesman confirmed.

http://3downnation.com/2018/05/23/cf...them-protests/

[R.J]

Personally I think the NFL should have just gone with the NBA's rule - "Players, coaches and trainers are to stand and line up in a dignified posture along the sidelines or on the foul line during the playing of the national anthem.".
Add in - In a memo to teams, deputy NBA commissioner Mark Tatum reminded them, "The NBA has a rule that players, coaches and trainers stand respectfully for the anthem. The league office will determine how to deal with any possible instance in which a player, coach or trainer does not stand for the anthem. (Teams do not have the discretion to waive this rule)."

Steve Kerr's "outrage" is hilarious when you consider that the NBA has zero tolerance for it, and the NFL is at least trying to be a bit more lenient.

I'm not necessarily for or against anthems being sung for sports, but since they are, I do believe the flag and anthem should not be disrespected. I'm glad the NFL did something.

[jerrym]

You might have a different perspective if you were a Black American, as the March 2018 Brillant Comera poll of Black NFL fans found: namely, that 35% of them are watching the NFL less because of what the owners did to Kaepernick. Former Argo OL Tony Washington also has a different perspective:

Ticats starting tackle Tony Washington, who grew up in Louisiana and Texas, takes issue with the NFL ’s new policy. He says the treatment of minorities in the U.S. and the new NFL policy, constitute ‘an injustice’.

“Everybody (in the U.S.) is trying to ignore it and wants us to be quiet. You had Olympic athletes who used their platform to voice their opinion back in the ‘60s and ‘70s, and for them to try to take it away from the guys now it’s almost like saying ‘We don’t really care. Don’t do it on our time. Do it on your own time,'” Washington said.

“It’s a big issue and the NFL has shown that they could really care less.”

Washington, who never played in the NFL, has played in the CFL for Edmonton, Toronto and Hamilton says that living in Canada for the better part of seven years, he hasn’t seen the discrimination he sees in the U.S.

http://3downnation.com/2018/05/25/ti...-an-injustice/

[AngeloV]

You might have a different perspective if you were a Black American,

Exactly Jerry. That is a major reason in why I support him, and all the others that did what they did. It was peaceful, non violent. Had Black cops gone on a spree of killing white perps, and the white players did this, Trump especially, but all the owners as well, would not have been heard from. The backlash is so racist it isn't even funny. Makes me ill when I hear white people say it isn't racist.

[jerrym]

Seattle's signing of Austin Davis as backup QB during the last week, signals that Kaepernick is likely never going to play in the NFL again.

A mobile, 29-year-old quarterback who in the past five seasons started in two NFC championship games and one Super Bowl and amassed a touchdowns-to-interceptions ratio that ranks among the best in NFL history is out of the league without an apparent opening to get back in. ...

In picking Davis over Kaepernick, who has been seeking work since he opted out of his deal with the San Francisco 49ers ahead of free agency in March, Seattle chose a journeyman who has failed to establish himself as a viable NFL passer in stints with the Los Angeles Rams, Cleveland Browns and Denver Broncos. Davis didn’t even appear in a game last season. ...

There’s only one logical takeaway: The Seahawks were concerned about potential fan backlash for signing Kaepernick, who ignited a nationwide debate by choosing not to stand during the national anthem — first sitting, then kneeling — in an effort to draw attention to the oppression of black people and people of color. ...

For some time, some African-American players have expressed anger that, in their opinion, Kaepernick is effectively being blackballed by owners because of his political stance. And there’s ample evidence to support that argument:

• Far less accomplished signal-callers have signed with new teams, Davis being the most recent.
• Owners have criticized Kaepernick’s form of protest and cautioned that a team that signed him could encounter major problems with its fan base.
• President Donald Trump has gone in on Kaepernick as well.But something changed Monday. It felt like a new line was crossed. The Seahawks’ decision sent a loud message that the NFL could be completely done with Kaepernick.

If Kaepernick isn’t wanted by a playoff contender even though his skills are well-suited for its offense, where can he turn? Both Wilson and Kaepernick are dual-threat quarterbacks. ...

Kaepernick has not been charged with a crime. He has not been accused of violating any aspect of the league’s collective bargaining agreement. He’s done nothing more than exercise his right to protest peacefully, which is protected by the Constitution. ...

Even playing for the horrid 49ers in 2016 — their roster is in the process of being overhauled by new management — Kaepernick showed big-play ability. San Francisco receivers had the second-highest percentage of dropped passes in the league. Still, Kaepernick completed almost 60 percent of his passes (59.2). He passed for 16 touchdowns and had only four interceptions. ...

Kaepernick has rushed for 2,300 yards (with a 6.1-yard average) and 13 touchdowns. Kaepernick and Wilson are great on zone-read plays, which are QB runs from a spread option formation that includes a lead blocker. ...


From a football standpoint, picking Davis over Kaepernick made no sense. Of course, the Seahawks’ decision wasn’t based on anything that had to do with football. That’s why what happened Monday was so chilling. Any quarterback with Kaepernick’s career arc and touchdowns-to-interceptions ratio, at his age, would likely be on a roster if not for owners’ feelings about his protest. At this point, to argue otherwise would simply be illogical. The signing of Davis proved that.

https://theundefeated.com/features/w...ck-in-the-nfl/

[jerrym]

Kaepernick is not only deposing NFL owners, GMs and coaches, his lawyers are planning to subpoena President Trump, VP Pence and some members of their campaign team related to the alleged collusion to deny him employment.

Kaepernick’s legal team is expected to send out subpoenas to both President Donald Trump and Vice President Mike Pence, as well as other members of Trump’s campaign team, relating to the alleged collusion case.
By deposing Trump and Pence, Kaepernick’s attorneys intend to explore any ties that the NFL’s owners may have with the President. By investigating phone records, emails or any other documents, lawyers may be able to find evidence of communication between the White House and the NFL specifically pertaining to Kaepernick. ...

A subpoena for Trump was expected after a secret recording of an owners meeting leaked to the media earlier this year, exposing several owners discuss how they were afraid to piss Trump off with players kneeling because he would criticize them publicly. More recent reports also exposed owners admitting they had conversations with Trump about his distaste for players kneeling.

https://www.afro.com/kaepernicks-law...e-against-nfl/

[jerrym]

The confirmation that the owners were motivated to try to stop players from kneeling during the national anthem to protest racism because of Trump's criticism comes from a recording of a meeting between some players and owners.

Multiple NFL owners have admitted that they were influenced to crack down on players kneeling in protest after having actual conversations with President Donald Trump, the Wall Street Journal reported.
A recently leaked secret recording of a meeting between players and owners last year had already exposed several of the owners acknowledging Trump’s criticism of the league as the motivation behind their interest in stopping players from kneeling during the playing of the National Anthem in protest of racism and police brutality. But according to the Wall Street Journal, there’s now evidence of at least one of the owners actually having a conversation with the President about his displeasure with players protesting. ...

“This is a very winning, strong issue for me,” Dallas Cowboys owner Jerry Jones said Trump told him during a phone call, as reported by the WSJ. “Tell everybody, you can’t win this one. This one lifts me.”
Jones shared details of his phone conversation with Trump during a deposition. ...

Miami Dolphins owner Stephen Ross was also one of the owners deposed and reportedly mentioned that New England Patriots owner Bob Craft told him he had also personally talked with Trump about players kneeling. Ross admitted that Trump swayed his opinion on how people perceived the players’ form of protest.
“I was totally supportive of [the players kneeling] until Trump made his statement,” Ross said in his deposition, according to the WSJ. “[Trump] changed the dialogue.”

https://www.afro.com/nfl-owners-admi...from-kneeling/

[jerrym]

In the following article, a number of American BC Lions comment on the national anthem controversy in the US, beginning with Bryan Turnham, whose father Lem both played for the Philadelphia Eagles and fought in Vietnam.

Burnham’s son, Bryan, plays for the B.C. Lions. On Wednesday he was asked about his father’s opinion on the latest controversy involving Donald Trump, his idea of patriotism and athletes who don’t share the president’s views.

“I see where the other side is coming from,” Burnham said as the Lions broke training camp in Kamloops. “It’s an emotional issue. My dad fought in Vietnam and he has the utmost respect for the flag, but he understands where the protesters are coming from. They’re not doing it to bash the troops. They’ve said that repeatedly. They’re doing it because they believe there is injustice in their country and that’s their platform.” ...

There’s a lot of stuff going on I don’t agree with but I can’t stop it,” said Odell Willis, before adding, “Those type of athletes (James and Curry) have a bigger platform to express their feelings and I think that’s great. We have the First Amendment. You’re supposed to have freedom of speech.”
Solomon Elimimian, who was raised in south-central Los Angeles and now splits his time between Canada and the U.S., echoed that thought.
“I don’t want to get into it, but it’s important to use that platform,” said the Lions’ linebacker. “There are a lot of people who don’t have voices. Then you look at LeBron, a multimillion-dollar athlete, and he speaks for those people.”
Elimimian is asked if things have changed since Trump became president. “That’s a hard question,” he said. “I think a lot of guys will tell you being in Canada is different. The environment is different. The culture is different. America has a deep history when it comes to race. It’s a different vibe here.”

Second-year Lion Tyler Davis elected to spend his off-season in Vancouver rather than return to his hometown of St. Louis. In an article that appeared on the Lions’ website a couple months ago, Davis said: “(St. Louis) is not a very good place for someone of my demographic.”
On Wednesday he walked that back. But not too far. “There was really nothing for me to go back to in St. Louis,” said the wide receiver. “I grew up there. I’ve seen it. Growing up between St. Louis and Oakland (Davis’s father Clarence played for the Raiders) neither one was that great. Being up here I can see other things and do other things.”
Burnham, meanwhile, spent most of his off-season in Tulsa where he met his wife Aubrey while going to university. “(Oklahoma) is a red state for sure, but I haven’t noticed stuff just walking around,” he said. “Where I do notice it is on social media where people say things they wouldn’t say in person.”
We’ve kind of noticed the same thing.
“They draw this line where if you don’t stand for the national anthem you have no respect for the Armed Forces,” Burnham continued. “It’s not about that at all and that’s not why they’re doing it. I really believe what they’re saying isn’t political at all. They just believe the guy who’s in the White House isn’t doing the right thing when it comes to social justice.”

http://vancouversun.com/sports/footb...9-8696f498b3e2

[jerrym]

The NFL is trying to bring Kaepernick's collusion case to a finish. However, the video accompanying the following article says that more and more players are coming out in support of Kaepernick.

According to Yahoo.com's Charles Robinson, the league is now pushing to bring Kaepernick's collusion case to a close. The NFL, citing the part of the collective-bargaining agreement that deals with collusion cases, has requested that arbitrator Stephen Burbank provide a summary judgement in the case, sources told Robinson. ...

It's now up to Burbank to decide whether Kaepernick's legal team has uncovered sufficient evidence to continue with its suit against the NFL. If Burbank rules in favor of Kaepernick, the case can continue, perhaps with more depositions. If Burbank rules against Kaepernick, the case can be dismissed in favor of the league.
"In no uncertain terms, the request is the most pivotal moment in the nearly nine months of discovery and depositions between [Kaepernick] and the NFL," Robinson writes, adding: "Kaepernick's legal team will now have to file an argument with discovery or deposition material that supports the case continuing ... [and, according to the CBA], the argument will need to show evidence 'sufficient to raise a genuine issue of material fact capable of satisfying' Kaepernick's collusion allegation."

Several owners and general managers have reportedly already been deposed as part of the grievance. Robinson has previously reported that Kaepernick's legal team is expected to seek to subpoena President Donald Trump, Vice President Mike Pence and "and other officials familiar with the president's agenda on protesting NFL players," though Robinson now notes that it is "unclear what impact Burbank's decision could have on an attempt by Kaepernick's legal team to pursue subpoenas of ... Trump and/or others in his administration."

https://www.cbssports.com/nfl/news/n...es-for-ruling/

[jerrym]

Further support for Kaepernick came today with the NFLPA's launching a collective bargaining agreement grievance against the NFL over its new national anthem policy that allows players to protest the national anthem by staying in the dressing room but forbidding sitting or taking a knee on the field during its performance. The grievance is based on the lack of consultation with the NFLPA in the drafting of the national anthem policy. The NFL has agreed to enter into discussions suggested by the NFLPA in an attempt to avoid litigation.

After Kaepernick initially protested police brutality and social injustice by taking a knee during the national anthem, more than 200 players also initially protested during the national anthem but the numbers decreased as the 2016 season continued.

https://www.ctvnews.ca/sports/nfl-pl...licy-1.4007855

[jerrym]

The NFL has agreed to put its anthem policy on hold while negotiating with the NFLPA on the policy.
The owners are divided on what to do. New York Giants co-owner Steve Tisch says he will not punish players for protests during the anthem while internal documents of the Miami Dolphins suggest they could suspend players for up to four games for kneeling during the anthem.

https://sports.yahoo.com/ny-giants-c...192000734.html



Of course Trump has a different solution.

The NFL National Anthem Debate is alive and well again - can’t believe it! Isn’t it in contract that players must stand at attention, hand on heart? The $40,000,000 Commissioner must now make a stand. First time kneeling, out for game. Second time kneeling, out for season/no pay!

— Donald J. Trump (@realDonaldTrump) July 20, 2018

[jerrym]

Despite the NFL agreeing with the NFLPA to put its anthem policy on hold while the two organizations negotiate, Dallas Cowboys owner Jerry Jones says his players must stand for the national anthem and his son says they will be cut if they don't. Atlanta Falcons owner is much more diplomatic, noting that players have first amendment rights. This leaves a big question mark as to what is going to happen when the NFL preseason starts next week.

https://www.nytimes.com/2018/07/27/s...rry-jones.html

[jerrym]

So far no Dallas Cowboy has indicated they will challenge owner Jerry Jone's to stand for the national anthem or be cut.
https://www.usatoday.com/story/sport...icy/854573002/


On the other hand, Philadelphia Eagles' safety Malcolm Jenkins is challenging supportive NFL owners to challenge Jerry Jones' position on the anthem.
http://3downnation.com/2018/07/27/tr...wn-his-rights/

Quite the mess.

[macspectrum]

Colin Kaepernick has launched a $30 million lawsuit alleging that the NFL owners colluded to deny him employment. He also aims to terminate the current NFL collective bargaining agreement with the players. This will be very much an uphill fight because his lawyers will have to provide proof of collusion in the form of documents and/or witnesses, not simply evidence that he is much better than many NFL QBs, and, even then, his lawyers will have to out-argue the very highly paid NFL lawyers.



https://thinkprogress.org/colin-kaep...-6fe635e3caf2/

i wish him nothing but success
the owners have shown themselves to be cowards re social justice and 1st ammendmant

[AngeloV]

i wish him nothing but success
the owners have shown themselves to be cowards re social justice and 1st ammendmant

On this point, I 100% agree with you.

Jerry Jones threatens to fire any player that kneels over racial inequalities, but has no problem retaining players suspended for violent crimes, sexual misconduct allegations and drug violations.

[jerrym]

On this point, I 100% agree with you.

Jerry Jones threatens to fire any player that kneels over racial inequalities, but has no problem retaining players suspended for violent crimes, sexual misconduct allegations and drug violations.

I also agree.
While Jones comments has raised passions on both sides of the issue, talks are continuing to resolve it.

“The owner of the Dallas Cowboys, with the old plantation mentality,” [SF 49er cornerback Richard] Sherman said of Jones. “What did you expect?” ...

Sherman, a member of the NFL Players Association’s executive committee, would not be a fit with the Cowboys.
Yet he’s still encouraged by discussions between the league and players' union while the policy that team owners adopted in May has been put on puase.


“They’re having the conversations; that’s awesome,” Sherman said. “But there are unintended consequences. If they did this (original policy) to appease people, they didn’t appease anyone. It’s like putting a Band-Aid over a broken leg.”

https://www.usatoday.com/story/sport...ery/867926002/

Dallas Cowboys owner Jerry Jones made headlines about his controversial mandate that players stand “toe on the line” for the playing of the national anthem. The NFL, apparently, told him to stop making them. According to the Fort Worth Star-Telegram, Jones was prepared to do a number of interviews with local media members Sunday evening in Oxnard, Calif., where the team holds its training camp, when he and a member of the Cowboys public relations staff told media that questions about the national anthem issue were off limits. ...

On Wednesday, Jones spoke at the team’s first press conference of training camp and indicated that the team would not support players who protest social injustice by choosing not to stand on the field during the national anthem. Then one day later, Jones’ son, Cowboys executive vice president and director of player personnel Stephen Jones, doubled down and hinted that players who don’t follow the team’s mandate would be cut. ...

The stance was a departure from a recent pact between the NFL and the NFL Players Association agreeing that “no new rules relating to the anthem will be issued or enforced” until a firm policy had been agreed to. ....

“I don’t think so,” Falcons owner Arthur Blank said Sunday in an interview with NFL Network when asked if Jerry Jones’ comments impede the progress to forge a national anthem policy compromise. “Jerry is just one owner and I have a lot of respect for Jerry in many ways. He’s entitled to his feelings. I don’t have to agree with them, but it is what it is. We don’t agree on everything. But I do feel strongly that talking together around the shared concerns and keeping our minds and hearts and spirits on the issues because the issues are really what’s at risk here.”

https://www.usatoday.com/story/sport...est/863544002/

[jerrym]

Several NFL players engaged in protests in preseason games on Thursday by taking a knee, raising a fist or staying off the field during the national anthem on the anniversary of the Charlottesville Neo-Nazi riot.

One of those players was Philadelphia Eagles safety Malcolm Jenkins, who raised a fist during the anthem before the team’s game against the Pittsburgh Steelers, NBC Sports reported. ...

"Before we enjoy this game lets take some time to ponder that more than 60% of the prison population are people of color," Jenkins said in a tweet before Thursday's game, in which the Eagles lost 14-31. "The NFL is made up of 70% African Americans. What you witness on the field does not represent the reality of everyday America. We are the anomalies..." he said.
Miami Dolphins' wide receivers Kenny Stills and Albert Wilson kneeled during the anthem, and defensive end Robert Quinn stood and raised his right fist during the team’s exhibition game against the Tampa Bay Buccaneers, according to NBC Miami.
Former San Francisco 49ers quarterback Colin Kaepernick, who began the protest of not standing during the anthem in 2016 in what he said was a gesture on behalf of people who were oppressed because of their race, in a tweet Thursday thanked Stills and Wilson for taking a knee. ...

In July, the NFL Players Association and the league said in a joint statement that they agreed to halt enforcement of rules regarding the new national anthem policy while the two sides work on a resolution. ...

Jacksonville Jaguars players Telvin Smith, Jalen Ramsey, Leonard Fournette and T.J. Yeldon remained in the tunnel when the national anthem played before the team's home game against the New Orleans Saints. ...

Smith, a linebacker, said after the game that "I've got beliefs and I did what I did. I don't know if it’s going to be every week. But as a man, I’ve got to stand for something," according to the newspaper.

Seattle Seahawks' left tackle Duane Brown and defensive linemen Quinton Jefferson and Branden Jackson stayed in the locker room and were not on the field during the anthem before the Seahawks’ game against the Indianapolis Colts, according to the Seattle Times. All three knelt during the anthem last season, the newspaper reported.

https://www.nbcnews.com/news/us-news...season-n899481