The decision by Colin Kaepernick to file a collusion grievance against the NFL moves his situation into a new zone.
On paper, the odds are stacked against the grievance succeeding. Collusion, like conspiracy, is extremely difficult to prove, unless “smoking gun evidence” is uncovered that points clearly to a concerted collaborative effort among multiple parties. Since the NFL (officially) is 32 independent teams only collaborating within the limits allowed by its anti-trust exception, the chances that compelling evidence exists are not good. Unless email traffic saying “do not sign Kaepermick” is uncovered, the grievance ultimately becomes an argument based on perception, not evidence.
If this is indeed the case, the filing of the grievance has to be seen more as a PR move than as a legal move. Kaepermick may be hoping to embarrass the NFL into signing him. Or he could have determined that he is never going to get an NFL playing job again, and does not care, in which case a “scorched earth” legal offensive makes sense for him.
One interesting question will be the extent to which the NFLPA will support the grievance. Their attitude towards it may ultimately be the main determinant of how it is resolved. If the NFLPA aggressively supports the grievance, then the NFL may be inclined to settle it rather than risk an ugly public battle.
What is also unclear is how the grievance could or should be settled. What should have already happened (but has not) is for Kaepernick to be signed by a team that desperately needs a quarterback. However, there has been no sign of any team seriously considering signing him, despite several injuries to quarterbacks, the latest being Aaron Rogers suffering a broken collarbone today, which may put him out of action for the rest of the season. The Packers have no experienced backup quarterback, and Kaepernick was born in Wisconsin.
UPDATE – As this article from ProFootballTalk explains, the impact of Colin Kaepernick’s complaint goes far beyond simply addressing his own predicament. If the owners of the NFL can be proven to have engaged in collusion, that is one of the grounds for terminating the current Collective Bargaining Agreement between the NFL and the NFLPA. So a successful complaint by Kaepernick could lead to the dissolution of the current CBA, which currently has over 3 years to run, forcing the NFL and the owners to negotiate a new CBA with the players.
