Arbitrator Stephen B. Burbank has sent Colin Kaepernick’s grievance with the NFL to trial, denying efforts by the league to throw out the activist quarterback’s claims against league owners.
Kaepernick alleges that NFL owners colluded to keep him from getting a job as a quarterback because of his social justice protests, including his role as the first player to take a knee during the national anthem before games.
Kaepernick’s lawyer Mark Geragos shared news of the ruling via his Twitter account, posting a photo of a one paragraph statement from Burbank on Thursday.
Protests Began Unnoticed, Gained National Attention
The protests by Kaepernick began two seasons ago. They went unnoticed during the first two weeks of the 2016 NFL preseason, as the quarterback – then playing with San Francisco 49ers – sat during the national anthem but did not otherwise bring attention to his actions.
It wasn’t until Kaepernick was noticed sitting in a photo in the third week of the preseason that the media asked him about what he was doing, to which he said that he was sitting because of issues related to police brutality and justice for people of color.
“I’m going to stand with the people that are being oppressed,” Kaepernick told the media days later. “This stand wasn’t for me. This is because I’m seeing things happen to people that don’t have a voice, people that don’t have a platform to talk and have their voices hear, and effect change. So I’m in the position where I can do that and I’m going to do that for people that can’t.”
Kaepernick would later adjust the protest slightly. With some suggesting that his protest was anti-military or even anti-American, he met with former Green Beret and NFL long snapper Nate Boyer, who suggested that taking a knee would appear more respectful – something that did nothing to placate critics.
Many other NFL players would later join the protests, as would some athletes in other sports. That led to widespread debate over how and when protests should take place, with President Donald Trump frequently weighing in on the topic on Twitter.
Collusion Case Could Disrupt CBA
Kaepernick was not resigned by the 49ers after the 2016 season, and despite being just 29-years-old, did not find a job with any other franchise either. That led to accusations of collusion from the quarterback, an allegation that will now – barring a settlement between Kaepernick and the NFL – be resolved in court.
The case could have massive implications for the NFL. Burbank will preside over the trial (technically an arbitration hearing) and if he finds that 14 or more teams were engaged in collusion, the NFLPA might be given the option of terminating the league’s collective bargaining agreement (CBA). Many NFL owners and league executives could be called to testify in the case, including NFL commissioner Roger Goodell.
That said, Kaepernick still has work to do to win the trial. Under the rules of the CBA, he must demonstrate by a “clear preponderance of evidence” that collusion both occurred and caused him economic injury in order to earn a judgement in his favor.
Meanwhile, the NFL continues to struggle when it comes to finding a way to deal with pregame protests. During the offseason, owners approved a policy that would require players to stand if they came out for the national anthem, but which would also allow them to stay off the field if they wished. However, the league and union agreed to put that policy on hold while they discussed how the protests should be handled going forward.