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Colin Kaepernick files collusion grievance against NFL owners

The former 49ers quarterback has remained unsigned since March.
Eric Reid #35 and Colin Kaepernick #7 of the San Francisco 49ers kneel in protest during the national anthem prior to their NFL game on October 23, 2016 in Santa Clara, California. 

After remaining largely silent while languishing as an NFL free agent for more than seven months, quarterback Colin Kaepernick has filed a collusion grievance against league owners under the collective bargaining agreement, a person with knowledge of the situation confirmed to USA TODAY Sports.

The person spoke on condition of anonymity because the filing had not been made public. But Kaepernick, who played for the San Francisco 49ers last season, has hired his own lawyer to represent him, the person said.

Bleacher Report first reported the news. NFL spokesman Joe Lockhart said the league had no comment.

Kaepernick’s representatives didn’t respond to e-mails, text messages and voice messages left for them.

Kaepernick opted out of his contract with San Francisco in March. Team officials said at the time that they would have cut the quarterback had he not opted out. The 49ers are in the midst of a rebuild under first-year general manager John Lynch and coach Kyle Shanahan and keeping Kaepernick would have translated into a $14.4 million salary cap hit.

Kaepernick became a polarizing figure last season after deciding not to stand for the national anthem in an attempt to bring awareness to police brutality against African Americans.

However, even though many players have now decided to take a knee during the anthem — some enitre teams have engaged in protests this season — the quarterback has yet to return to the field. The lack of opportunity is believed to rank among the factors in the quarterback’s decision to file the grievance.

The CBA states, “No club, it’s 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.”

Kaepernick chose not to file the grievance with the NFL Players Association and let the union's lawyers engage in the legal fight for him. However, a person familiar with the situation said that despite that move — which isn’t unique to Kaepernick — the NFLPA remains in support of Kaepernick’s decision to file the grievance using his own lawyer because he is within his rights to do so.

Kaepernick certainly has a body of work that suggests he belongs on an NFL roster.

In 2012, he led San Francisco to the Super Bowl, where the team eventually lost to the Baltimore Ravens. While recovering from various injuries, Kaepernick entered last season as the backup to Blaine Gabbert but started the final 11 games and posted a passer rating of 90.7.

Kaepernick’s unemployment has prompted proponents to voice the belief that he is being blackballed because of his outspokenness. They point out that, at 29, and the owner of a 28-30 career record and passer rating of 88.9, Kaepernick has a better resume than some starters in the NFL and many backups on NFL rosters.

Sunday, after San Francisco’s game against the Washington Redskins, former 49ers teammate Eric Reid was asked about Kaepernick’s collusion grievance.

“It sure does seem like he’s being blackballed,” said Reid, who protested along with Kaepernick last season and continues to do so even with the quarterback no longer on the team.

“I think all the stats prove he’s an NFL-worthy quarterback. That’s his choice, and I support his decision, and we’ll have to see what comes of it.”

People within the NFL community have denied that teams have colluded against Kaepernick. Baltimore Ravens and Seattle Seahawks officials both have said publicly that they considered signing Kaepernick. However both teams ultimately decided against it.

With Green Bay losing Aaron Rodgers to a broken collarbone, it’ll be interesting to see if Kaepernick gets an opportunity with the Packers.

But even if he does not, it’ll be hard to prove collusion. However, the quarterback and his camp evidently believed they have enough cause to pursue a legal battle on those grounds.

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