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 improperly colluding to keep him out of the league, according to a person familiar with the case.

Kaepernick reportedly has retained an attorney to pursue the collusion claim, and, according to the source, it will be Kaepernick’s outside legal representation and not the NFL Players Association primarily in charge of preparing and presenting 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 retain 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.

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 Donald Trump called on NFL owners to “fire” players who protested during the anthem. Vice President Mike 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.