Sun, Feb 17, 2019 - Page 11 News List

Collusion suits with NFL settled

CONFIDENTIAL:Kaepernick has reportedly turned down an offer to play in a new league, while Reid said his more generous offer this year proves his collusion claim


San Francisco 49ers safety Eric Reid, left, and quarterback Colin Kaepernick kneel during the national anthem before a game on Sept. 12, 2016, in Santa Clara, California.

Photo: AP

With a public hearing looming and the threat of owners and league officials facing depositions, the NFL settled collusion cases brought by Colin Kaepernick and Eric Reid.

The league, about to celebrate its 100th season, faced criticism from all sides thanks to the protest movement started by Kaepernick.

The league and Kaepernick’s lawyer on Friday sent out statements saying that “the parties have decided to resolve the pending grievances,” and that a confidentiality agreement would prevent either side from commenting further.

It remains unclear if the NFL admitted wrongdoing or how much money Reid, Kaepernick or others might have received. Considering the lost salary that both players claimed and legal costs, the settlement could have climbed into the tens of millions of US dollars.

“For the past several months, counsel for Mr Kaepernick and Mr Reid have engaged in an ongoing dialogue with representatives of the NFL,” the league statement said. “As a result of those discussions, the parties have decided to resolve the pending grievances. The resolution of this matter is subject to a confidentiality agreement so there will be no further comment by any party.”

Kaepernick’s lawyer Mark Geragos tweeted a similar statement.

The protests slowed down this season, as the NFL made contributions to organizations chosen by players and promised more attention to social justice issues, but the controversy reignited every time there was a development in the case.

A hearing was scheduled for later this month.

Kaepernick and Reid filed collusion grievances against the league, saying that they were blacklisted because of protests during the national anthem at games. Kaepernick has not played in the league since 2016, while Reid missed three games last season before signing with Carolina.

Kaepernick contended that the owners violated their collective bargaining agreement with players by conspiring to keep him off teams.

While the players seemed intent on pursuing the cases, the league might not have been eager for those deposed to appear. Still, for the players to prove collusion is a mighty challenge because, according to the 2011 labor agreement between the union and league, a “club, its employees or agents” must have “entered into an agreement” to limit contract offers.

Kaepernick filed his grievance in August 2017. Arbitrator Stephen Burbank sent it to trial, denying the league’s request to throw out the former 49ers quarterback’s claims. Burbank’s decision meant there was enough evidence of collusion to keep the grievances going.

On Thursday, a person with knowledge of the conversations told reporters that Kaepernick turned down a chance to join the fledgling Alliance of American Football, seeking US$20 million or more from the upstart league that pays its players US$225,000 over three seasons.

Safety Reid resigned with the Panthers for three years and more than US$22 million.

He said then that he got “fair market value” after making just US$1.69 million last season from the Panthers.

“If anything, it proves my point from last year,” Reid said. “I didn’t sign until the [fourth] week and did for almost the league minimum, and this year I signed a more substantial contract. And nothing has changed. I’m still the same player.”

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