Kaepernick hopes to invalidate the CBA through collusion grievance
Free-agent quarterback Colin Kaepernick has filed a grievance against the NFL alleging collusion in relation to his ongoing unemployment. Eventually, we’ll explain what he needs to prove, and what he doesn’t need to prove, in order to show that collusion occurred. For now, let’s focus on what he wants to do.
Per a source with knowledge of the situation, Kaepernick wants to trigger termination of the current Collective Bargaining Agreement.
Article 69, Section 2 of the CBA allows for the agreement to be terminated prematurely in the event of proof of collusion. Under Article 17, Section 16(c) of the CBA, termination can arise from only one incident of collusion involving only one player if there is clear and convincing evidence of a violation.
The ramifications would be enormous, and historical. Kaepernick could give all players a tremendous piece of leverage, moving up the expiration of the contract by more than three years and forcing the owners back to the bargaining table.
Former NFL player Sean Gilbert proposed, in connection with his effort to become the NFLPA’s executive director, the potential termination of the CBA in early 2015, based on collusion arising from the funding rule applicable to guaranteed contracts. Gilbert did not win, and the collusion case was never filed.