NFLPA Challenges Anthem Policy; NFL Seeks Early End to Kaepernick Collusion Case

At Foul Play-by-Play we provide play-by-play and color commentary of foul play in sports on and off the field, pitch, court and ice. Here are the headlines, cheats of the week and a trip back in time when foul play was fair game to John McGraw.
Headlines
NFLPA Files Grievance Against NFL Owners’ New National Anthem Policy
The NFL Players’ Association filed a non-injury grievance challenging the NFL’s new national anthem policy, Tuesday. According to our comrade Al Neal of PeoplesWorld.org, “[w]ith the league changing the policy without first negotiating with the union, it will need to rely on the broad powers given to the commissioner, Roger Goodell, through the personal conduct policy.”

What I took from the piece at People’s World is the players’ chances sort of depend on the definition of detrimental conduct and whether a majority of four, mutually-selected neutral arbitrators would consider kneeling during the national anthem to be conduct detrimental to the NFL. It seems the conduct has been detrimental to the league if you consider television ratings. A survey released in February found that 50 percent of U.S. consumers who watched less football in 2017 did so because of the anthem protests. But in-game advertising revenue actually increased, so what qualifies as evidence of detriment? Is loss of fans enough or does it have to be quantified in dollars?

And what kind of precedent would this be setting if the NFL’s national anthem policy remains unchanged? Neal mentioned prayer being challenged in his piece, but Tim Tebow proved taking a knee for Jesus is profitable for the NFL, but probably not during the anthem. And apparently taking a knee for a minority murdered by police who go free is detrimental to the league, which is just another example of American racism that didn’t go away because we had a black President; it intensified instead. I think eliminating prayer would be the last thing on the NFL’s wish list. I’m sure the old, white, can’t-dance owners, of which there are 30, would prefer to implement penalties as stiff as their hips for the hip-thrusting dancers we all love like Antonio Brown. I just don't think there's any way the NFL wins this because of the means by which they adopted the policy outside the collective bargaining agreement and without considering the players' association. But they could get an anthem win elsewhere…
NFL Seeks Early End to Kaepernick Collusion Case
In more NFL legal news, the NFL is asking arbitrator Stephen Burbank to issue a summary judgement in Colin Kaepernick’s collusion lawsuit against the league, which would bring an end to the saga and give NFL owners another win on the anthem front. Burbank’s refusal to issue a summary judgement would allow the grievance to move forward and allow Kaepernick an opportunity to collect.

The NFL, according to Mike Florio of Pro Football Talk, hopes to force Kaepernick to ‘put his cards on the table’ and prove they have enough evidence of collusion to continue the lawsuit. So even if the NFL doesn’t get the summary judgement, they’ll know the trial plan of Kaepernick’s team of lawyers. But law requires all facts to be viewed “in the most favorable light” towards Kaepernick, meaning it shouldn’t take much to force the continuation of the case. 

I’m assuming Kaepernick doesn’t have a recording of a phone call with an NFL owner saying “I can’t hire you because the other owners said I can't,” so what could Kaepernick possibly have to prove collusion besides the statistics of his last season being better than most backup quarterbacks who played, and why can't that be enough? The only chance I think Kaepernick has is if NFL owners unanimously agreed that the backlash from Donald Trump's tweets would be more damaging to their bottom line than blackballing Kaepernick.
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