Tag Archives: Colin Kaepernick

Colin Kaepernick files grievance accusing NFL teams of colluding against him

Quarterback Colin Kaepernick, who remains unemployed after a 2016 season in which he began the movement of players protesting during the national anthem, has filed a grievance accusing NFL teams of colluding to keep him out of the league, his legal representatives said.

Kaepernick retained Los Angeles-based attorney Mark J. Geragos to pursue the collusion claim and, according to a person with knowledge of the filing, it will be Kaepernick’s outside legal representation and not the NFL Players Association primarily in charge of preparing and presenting his case.

Geragos’s firm confirmed the grievance, saying it filed “only after pursuing every possible avenue with all NFL teams and their executives.”

In a statement, the law firm’ also said: “If the NFL . . . is to remain a meritocracy, then principled and peaceful political protest — which the owners themselves made great theater imitating weeks ago — should not be punished and athletes should not be denied employment based on partisan political provocation by the Executive Branch of our government. . . . Protecting all athletes from such collusive conduct is what compelled Mr. Kaepernick to file his grievance.”

 

The collective bargaining agreement between the league and the players’ union prohibits teams from conspiring to make decisions about signing a player. But the CBA also says the mere fact that a player is unsigned and evidence about the player’s qualifications to be on an NFL roster do not constitute proof of collusion.

For that reason, such cases are difficult to prove, according to legal experts.

“There has to be some evidence of an agreement between multiple teams not to sign a player,” said Gabriel Feldman, the director of the sports law program at Tulane University. “Disagreement over personnel decisions, as obvious as it may seem to someone looking at this, does not provide evidence of collusion. There has to be some evidence of an explicit or implied agreement. There has to be proof of a conspiracy.”

Kaepernick opted out of his contract with the San Francisco 49ers following last season, making him a free agent eligible to sign with any team. The 49ers have said they would have released Kaepernick rather than retaining him under the terms of that deal. He has remained out of work, being passed over by other teams in favor of other quarterbacks. The Seattle Seahawks and Baltimore Ravens considered signing Kaepernick but decided against doing so.

More recently, the Tennessee Titans signed Brandon Weeden to provide depth behind backup Matt Cassel when their starting quarterback, Marcus Mariota, was hurt. That signing seemed particularly inflammatory to Kaepernick supporters who cited Kaepernick’s superior career accomplishments. Kaepernick has led the 49ers to a Super Bowl and two NFC championship games and he threw 16 touchdown passes with four interceptions for them last season.

The NFLPA issued a written statement late Sunday saying it learned of Kaepernick’s grievance through media reports and that it had learned the league previously was informed of Kaepernick’s intention to file the grievance.

“Our union has a duty to assist Mr. Kaepernick as we do all players and we will support him,” the NFLPA’s written statement said, adding that it had been in regular contact with Kaepernick’s representatives over the past year about his options and planned to schedule a call for this week with his advisers.

Kaepernick refused to stand for the national anthem before games last season to protest, he said, racial inequality and police mistreatment of African Americans in the United States. Those protests were taken up by other players and the controversy over them has been amplified this season even with Kaepernick out of the league.

President Trump called on NFL owners to “fire” players who protested during the anthem, referring to such a player as a “son of a bitch.” Vice President Pence walked out of a game last week between the 49ers and Colts in Indianapolis, citing players’ protests. Trump indicated that he had orchestrated that plan.

Under pressure from the White House, NFL owners are scheduled to meet Tuesday and Wednesday in New York and might seek the NFLPA’s support of a measure for players to stand for the anthem, according to multiple people familiar with the sport’s inner workings, while also pledging league support for players’ community activism efforts.

Some media members have contended since the offseason that Kaepernick was being blackballed by NFL teams based on his political stance. NFL Commissioner Roger Goodell and owners were asked about that contention on a number of occasions and denied that teams were acting in concert on Kaepernick because of his protests.

“Each team makes individual decisions on how they can improve their team,” Goodell at conclusion of NFL owners’ meeting in May in Chicago. “If they see an opportunity to improve their team, they do it. They evaluate players. They evaluate systems and coaches. They all make those individual decisions to try and improve their team.”

Miami Dolphins owner Stephen Ross told reporters in July, according to the Palm Beach Post: “I would sure hope not. I know a lot’s been written about it, but you know owners and coaches — they’ll do anything it takes to win. If they think he can help them win, I’m sure — I would hope they would sign him.”

The plan for Kaepernick to pursue a grievance under the CBA was first reported by Bleacher Report.

“It may seem obvious to Colin Kaepernick,” Feldman said in a phone interview Sunday. “It may seem obvious to someone on the outside looking at this. But collusion requires an agreement [between teams]. Individual team decisions are not challengeable under the anti-collusion provision. An arbitrator is not going to second-guess an individual team’s personnel decision.”

If such evidence of collusion by NFL teams against Kaepernick exists, it has yet to revealed.

“We don’t know,” Feldman said. “Obviously everybody is talking about the baseball collusion cases from the 1980s, where there was a smoking gun. There were notes. There was strong evidence. There may be evidence here of collusion. We just don’t know.”

The NFL declined to comment Sunday through a spokesman.

“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.

The CBA also says: “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.”

By Mark Maske/WashingtonPost

Posted by The NON-Conformist

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President Trump rips NFL for getting ‘tax breaks’ while disrespecting anthem, flag

Why is the NFL getting massive tax breaks while at the same time disrespecting our Anthem, Flag and Country? Change tax law!

More from CBS Sports.com

Posted by Libergirl

Fans On Colin Kaepernick’s Statement That Modern Police Forces Derive from Slave Patrols: He’s Right!

Amid news that a Minnesota police officer was acquitted of manslaughter in the killing of Philando Castile, actor Michael B. Jordan and free-agent NFL quarterback Colin Kaepernick have weighed in — and the latter has made a damning declaration.

Jordan posted on Instagram a list of several Black men and women who have been killed at the hands of police without a conviction.

“They want us to feel helpless & right now I feel it,” he wrote Saturday, June 17, before posting a list of questions wondering how to tackle the issue. “I know I’m going to be a part of the change, and not just today, every day until we see real change … I am Philando Castile.”

https://www.instagram.com/p/BVddgPNBosX/embed/captioned/?cr=1&v=7&wp=640#%7B%22ci%22%3A0%2C%22os%22%3A1346.63%7D

Castile’s girlfriend streamed the aftermath of Officer Jeronimo Yanez shooting the motorist after he reached to show Yanez his gun registration. Castile bled out in front of his girlfriend and her daughter and outrage poured in from around the nation.

Kaepernick looked at the historical implications of yet another police officer being acquitted over the killing of a Black person, comparing present-day cops to the slave patrols first developed in Carolina colony in 1704, according to Victor E. Kappeler, Ph.D. professor at Eastern Kentucky University’s College of Justice and Safety.

View image on Twitter

A system that perpetually condones the killing of people, without consequence, doesn’t need to be revised, it needs to be dismantled!

I think @Kaepernick7 has done a lot of good. Comparing cops to the slave patrol is where he loses me. No better than wearing the pig socks.

More from A Moore/AtlantaBlackStar

Posted by The NON-Conformist

Colin Kaepernick: Patriotism and the Owning Class

Colin Kaepernick took a courageous and principled stand last season by kneeling during the national anthem before NFL games. This was done in response to a society that continues to systematically, culturally, and institutionally devalue Black lives. This devaluation is played out in many areas, including politics, economics, housing, employment, and perhaps most notably, within the criminal punishment system. Black lives are routinely extinguished by police in the streets without recourse, in the courts without pause, and in the prisons without hesitation. Entire generations of Black Americans have essentially been destroyed through the “school-to-prison pipeline” and a system of mass incarceration, for which author Michelle Alexander has properly deemed, The New Jim Crow.

Kaepernick recognized this and felt compelled to bring attention to it. He openly protested the national anthem, donated hundreds of thousands of dollars to community agencies, and started a national youth camp program to teach children from marginalized communities about self-empowerment. This off-season he brought a box of 100 suits to hand out to parolees outside a Queens (NYC) parole office, has continued to donate $100,000 per month to various community programs, with $50,000 recently going to Meals-On-Wheels (after Trump’s budget cuts were announced), and has and even arranged (with Turkish Airlines) for food and water to be flown into Somalia in an attempt to address famine-stricken areas there.

He is now a free agent, in the prime of his career, and without a job. By all “measurables” (and the NFL is big on “measurables”), Kaepernick should have a starting job somewhere. He is only 29 years old and has a prototypical QB build at 6’4 and 230 pounds. He’s brought a team to the Superbowl. His career numbers, in what amounts to just over three full seasons, are very impressive: 12,271 passing yards, 2,300 rushing yards, a passer rating of 88.9, and a 72/30 TD/INT ratio, which is remarkable for an NFL QB with such little experience. Despite playing for one of the worst teams in the NFL in 2016, he still managed to put up very good numbers in only 12 games: 2,241 passing yard, 468 rushing yards on a 6.8 yards-per-carry average, a 16/4 TD/INT ratio, and a passer rating of 90.7. His passer rating in 2016 was higher than that of 13 other starting QBs, including Eli Manning, Cam Newton, Philip Rivers, Carson Palmer, and Joe Flacco.

When considering these measurables, his performance record, and the fact that he is in the prime of his football career, it is unimaginable that he is not only without a roster spot, but that he is without a starting job on one of the 32 teams in the NFL. The only reasonable explanation for Kaepernick’s newfound unemployment status is that he’s being blackballed by billionaire NFL owners. We’ve seen this before. Muhammad Ali, Mahmoud Abdul-Rauf, Craig Hodges, Tommie Smith, and John Carlos all faced similar treatment after using their platforms to take principled stands. Kaepernick has made millions of dollars in the NFL, so he will be fine either way. But there are many lessons to be learned from this situation.

One important lesson is how the owning class relies on patriotism to help protect and secure its position in society. The notion of patriotism is one that tells the American working class that they have a deep, common bond with the American capitalist class. This, of course, couldn’t be further from the truth. As being consistent with capitalism, the owning-class minority has driven the working-class majority into widespread deprivation in order to secure more and more wealth for itself. One way to hide this reality is to create an artificial bond based in geographic and cultural nationalism — patriotism.

While globalizing its capital, the owning class calls for “national unity.” While laying off American workers in mass, it airs multi-million-dollar ad campaigns celebrating patriotic loyalty. While employing foreign workers for slave wages, it parades its brand name during celebrations of “national independence.” While driving wages down and forcing American workers on to welfare rolls, it asks that you celebrate “American values.” While systematically exploiting the majority, it demands that this majority remain loyal to its nationalistic ties.

It is not enough that Colin Kaepernick is proving to be a modern-day Roberto Clemente, or that he’s following the path of the great Muhammad Ali; American society (and its sports industries) under capitalism demands that profit remains a priority over people. In order to maintain this, it must insist that workers bow down to bosses; that citizens refrain from questioning their rulers; that everyday people not dare to step out of line. Patriotism (and the unquestioned obedience that comes with it) is a crucial tool for the owning class. To them, Kaepernick’s refusal to submit to this nationalistic ritual was not merely “disrespect”; it was a potentially damaging challenge to this important tool that is wielded in their quest to extract all of society’s wealth (through a docile working class). For this reason, it is vitally important that Kaepernick be taught a lesson. The NFL’s billionaire class is in the process of carrying out this lesson.

By Colin Jenkins/DissidentVoice

Posted by The NON-Conformist

WTF!

I was thinking a bit about Colin Kaepernick the much maligned quarterback for the San Fransisco 49ers who by the way will be starting this Sunday, but a name came up that I highly despise, that name sister Sarah Palin the idiot savant of nothingness. she had a message for Colin, the message reads.

America – let’s sack this ungrateful punk.
Kaepernick – yeah, you’re really “down with the oppressed” in this nation. Enjoying your $114 million contract, your previous adoring fans, sucking up a life of luxury… GOD AND COUNTRY GAVE YOU THIS OPPORTUNITY. You can’t acknowledge that? Then on behalf of every Vet I’m privileged to know: GET THE HELL OUT.

– Sarah Palin

Her message is first of all very insulting. If their is a god then he or she or it did a bad job with this Country. I would say he(Colin) was successful because of his skill and Country had nothing to do with it. Blacks had to fight to get a seat at the table and we’re still fighting for self determination. Since you have come up, you’ve gone into hibernation which is a good thing. But to tell a grown man to get the hell out is troublesome and insulting. Why don’t you take your ass back to Europe and try reading a book about the history of this Country specifically foreign policy.

As football fan I have a joke for you. What do you call a white man surrounded by ten black guys…a quarterback. Racism permeates the inner core of this Country. While Sister Sarah is making a point she falls in line with white privilege and white supremacy. The position of quarterback represents white privilege. The former racist President Theodore Roosevelt who is having a few issues these days and all fair. To know more about him read The Imperial Cruise by Jame Bradley. In 1906 Theodore Roosevelt said “the quarterback position represents the founding fathers of America, it represents the President of this Country a position a black man will never obtain. The quarterback position represents leadership, decision making and authority.”

Let’s continue supporting Kaepernick in his fight for justice. If people come to you about the military, don’t answer, he never mentioned it. But ask them to tell you the history of the national anthem and the war of 1812… the real history! Its funny, but do you tell the Jews to stand for the German national anthem if it was written by Joseph Goebbels? I leave you with a quote from my favorite writer.

“I love America more than any other country in this world, and, exactly for this reason, I insist on the right to criticize her perpetually.”
James Baldwin

Written by The NON-Conformist

Raised-fist protesters Smith, Carlos support Kaepernick

Image: AP

Tommie Smith and John Carlos were proud to raise their gloved fists in a symbolic protest at the Olympics, and now they’re proud that Colin Kaepernick and other athletes are staging national anthem protests to raise awareness about racial inequality and police brutality.

The American sprinters who were sent home from the 1968 Mexico City Olympics for what they called a “human rights salute” say the San Francisco 49ers quarterback and others are right to use their platform in an attempt to affect social change 48 years later.

“Don’t hate the kid because he stood up for something to change,” said Smith, who won the gold medal and set a world record in the 200 meters in 1968. “He stood up for the right to exercise Amendment 1.”

More from the News & Observer
Posted by Libergirl

Defense Department Paid Sports Teams $53M of Taxpayer Dollars to Play Anthem, Stage Over-the-Top Military Tributes

At a time when professional athletes such as Colin Kaepernick are labeled as unpatriotic for refusing to stand during the national anthem at sporting events, it turns out that the very displays of patriotism and tributes to the armed forces on display at those games were paid for by the U.S. government. So when those teams tell the players to stand for the “Star-Spangled Banner,” it is because the fake patriotism is bought and sold like a commodity.

Stephen A. Smith brought attention to the practice on ESPN’s “First Take” recently, as players have come under fire for refusing to salute the flag. Smith noted that players were not required to stand until 2009, and before that time players did not stand for the anthem because they remained in the locker room until game time.

In November 2015, Republican U.S. Senators John McCain and Jeff Flake of Arizona released a report stating that “In all, the military services reported $53 million in spending on marketing and advertising contracts with sports teams between 2012 and 2015. More than $10 million of that total was paid to teams in the National Football League (NFL), Major League Baseball (MLB), National Basketball Association (NBA), National Hockey League (NHL), and Major League Soccer (MLS).”

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