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re: Arbitrator sends Colin Kaepernick's grievance against NFL to trial

Posted on 8/31/18 at 8:38 am to
Posted by shel311
McKinney, Texas
Member since Aug 2004
112865 posts
Posted on 8/31/18 at 8:38 am to
quote:

Didnt the Broncos GM say he offered him a job and rejected it?
Yes but he already had a job at the time, so that's kind of irrelevant to this situation.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112865 posts
Posted on 8/31/18 at 8:40 am to
quote:

Dude opted out of his own contract.

This is also not relevant for multiple reasons.
Posted by bbrownso
Member since Mar 2008
8985 posts
Posted on 8/31/18 at 8:54 am to
quote:

I need to re-read the CBA's burden of proof regarding MSJ and read the evidence that justified this cuz this appears COMPLETE bullshite, if I'm the NFL I litigate this to verdict (likely in their favor) to SEND A MESSAGE to all the ENTITLED DUMBASSES that THIS ISN'T A RIGHT

NFL CBA
WARNING: INCOMING WALL OF LEGALESE (ESP. SECTION 6)
quote:

ARTICLE 17 ANTI-COLLUSION
Section 1. Prohibited Conduct:

(a) 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 as follows:

(i) whether to negotiate or not to negotiate with any player;
(ii) whether to submit or not to submit an Offer Sheet to any Restricted Free Agent;
(iii) whether to offer or not to offer a Player Contract to any player;
(iv) whether to exercise or not to exercise a Right of First Refusal; or
(v) concerning the terms or conditions of employment offered to any player for inclusion, or included, in a Player Contract.

(b) Any approval or disapproval of a player’s contract by the Commissioner, or any communication thereof, timely notice of which is provided to the NFLPA cannot be the basis of any claim of collusion. The NFLPA or the affected Player shall have the right to appeal the Commissioner’s disapproval of such player contract to the System Arbitrator, pursuant to Article 15 and Article 14.


quote:

Section 5. Enforcement of Anti-Collusion Provisions:

Except as provided in Section 16(d) below, any player or the NFLPA, acting on that player’s or any number of players’ behalf, may bring an action before the System Arbitrator alleging a violation of Section 1 of this Article. In any such proceeding, the Federal Rules of Evidence shall apply. Issues of relief and liability shall be determined in the same proceeding (including the amount of damages, pursuant to Section 9 below, if any). The complaining party shall bear the burden of demonstrating by a clear preponderance of the evidence that (1) the challenged conduct was or is in violation of Section 1 of this Article and (2) caused any economic injury to such player(s).


quote:

Section 6. Burden of Proof:

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 in Section 1 above. However, any of the types of evidence described in the preceding sentence may support a finding of a violation of Section 1 of this Article, but only in combination with other evidence which, by itself or in combination with such evidence, indicates that the challenged conduct was in violation of Section 1 of this Article. Nothing in this Agreement shall preclude the NFL or its Clubs from arguing that any evidence is insufficient to satisfy the burden of proof set forth in Section 5 above. Nothing in this Agreement shall preclude the NFLPA or any player from arguing that any evidence is sufficient to satisfy the burden of proof set forth in Section 5 above, except as set forth above.
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