Eragos Eragos: in The Matter of Arbitration of
Eragos Eragos: in The Matter of Arbitration of
A PROFESSIONAL CORPORATION
2 LAWYERS
HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
3 Los Angeles, California 90017-3411
Telephone (213) 625-3900
4 Facsimile (213) 232-3255
[email protected]
11 CLAIMANT,
Los Angeles, California 90017-3411
CLAIMANT COLIN
GERAGOS & GERAGOS, APC
ARBITRATION
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NATIONAL FOOTBALL LEAGUE, et al.,
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RESPONDENTS.
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TO THE NATIONAL FOOTBALL LEAGUE AND ALL 32 TEAMS
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18 COMPRISING THE LEAGUE:
24 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
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limit individual Club decision making as follows:
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(i) whether to negotiate or not to negotiate with any player; . . .
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28 (iii) whether to offer or not to offer a Player Contract to any player; . . . or
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
(v) concerning the terms or conditions of employment offered to any player for
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inclusion, or included in, a Player Contract.
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CBA Art. 17, 1.
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4 During the 2017 NFL season and continuing to the present, the NFL, by and through
5 all NFL team owners, NFL employees, and team employees, have entered into and enforced,
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implied and/or express agreements to specifically deprive Claimant Colin Kaepernick from
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employment in the NFL, as well as from practicing with and/or trying out for NFL teams for
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9 which Mr. Kaepernick is eminently qualified. Respondents NFL and NFL Team Owners
10 have colluded to deprive Mr. Kaepernick of employment rights in retaliation for Mr.
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Los Angeles, California 90017-3411
Kaepernicks leadership and advocacy for equality and social justice and his bringing
GERAGOS & GERAGOS, APC
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HISTORIC ENGINE CO. NO. 28
awareness to peculiar institutions still undermining racial equality in the United States.
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14 Further, Respondents have retaliated against Mr. Kaepernick in response to coercion and
15 calculated coordination from the Executive Branch of the United States government. Colin
16 Kaepernick demands the prompt selection of a System Arbitrator pursuant to Article 15 of
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the CBA, expedited discovery including depositions and document production pursuant to
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19 Article 15, and a prompt Article 17 enforcement proceeding.
20 PLEASE TAKE FURTHER NOTICE THAT pursuant to the CBA and the Federal
21 Rules of Evidence, you are required by law to preserve all documents, emails, text messages,
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memoranda, notes, and all other electronically stored information (ESI) which is reasonably
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24 calculated to lead to the discovery of admissible evidence in this action. Any deletion of or
25 tampering with evidence shall be deemed willful spoliation and will subject you and your
26 agents to the fullest extent of penalties permitted by law.
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
I. FACTUAL BACKGROUND
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2 1. After setting numerous athletic records at the University of Nevada, Reno, Mr.
3 Kaepernick began his professional football career in 2011, when he was selected by the San
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Francisco 49ers during the 2011 NFL draft.
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2. Mr. Kaepernick quickly rose to the position of starting quarterback for the 49ers in
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7 2012.
8 3. Mr. Kaepernick ultimately led his team to the National Football Conference
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(NFC) Championship and to its first Super Bowl in nearly two decades.
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4. Mr. Kaepernick continued to perform as a top tier quarterback while playing with
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GERAGOS & GERAGOS, APC
12 the 49ers.
644 South Figueroa Street
HISTORIC ENGINE CO. NO. 28
13 5. During the 2016 season, following numerous instances of police brutality against
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minority individuals, Mr. Kaepernick opted not to stand during the national anthem in an
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effort to raise awareness of racial inequality and minority oppression in the United States
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17 through a silent and peaceful protest of a nation that was not living up to its ideals of
18 freedom and equality guarantees to all citizens. In addition to his silent and peaceful
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expression of protest by kneeling, Mr. Kaepernick also pledged to donate $1 million of his
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20162017 season salary to support organizations helping communities in need.
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22 6. To date, and specifically from the 2016 season through the present, there has been
23 no NFL rule prohibiting players from kneeling during the national anthem. Mr. Kaepernick
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has a constitutionally protected First Amendment right to engage in a silent and peaceful
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protest.
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
7. Mr. Kaepernicks actions gained nationwide attention. Numerous other members
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2 of the NFL also began kneeling or making comparable gestures in peaceful protest during
3 performances of the national anthem at professional sporting events.
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8. Mr. Kaepernick became a free agent on or around March 3, 2017. Based on his
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consistently exceptional career performance, his age, and all other objective metrics, Mr.
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7 Kaepernick was an ideal candidateand, in fact, the best-qualified candidateto fill the
8 vacant starting quarterback positions on many NFL teams, or at the very least, the numerous
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vacant backup positions. Goodell himself has been quoted as stating that the NFL is about
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meritocracy and opportunity.
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GERAGOS & GERAGOS, APC
12 9. However, during his free agency period, the purportedly free marketwhose
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HISTORIC ENGINE CO. NO. 28
13 natural function should have resulted in a bidding war (or at least high-level interest) for a
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quarterback of Mr. Kaepernicks caliberinstead functioned as a peculiar institution with
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suspicious design and objective.
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17 10. NFL teams exhibited unusual and bizarre behavior regarding Mr. Kaepernicks
18 prospective employment. Multiple NFL head coaches and general managers stated that they
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wanted to sign Mr. Kaepernick, only to mysteriously go silent with no explanation and no
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contract offer made to Mr. Kaepernick. Other NFL teams stated they had no interest in Mr.
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22 Kaepernick and refused to explain why. NFL teams who ran offensive systems favorable to
23 Mr. Kaepernicks style of play instead employed retired quarterbacks or quarterbacks who
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had not played in a regular season game in years, and signed them to significant contracts
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while prohibiting Mr. Kaepernick from even trying out or interviewing for those jobs.
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27 11. On or around September 22, 2017, during a campaign rally speech in Alabama,
28 President Donald Trump referred to NFL players that knelt during the national anthem, as
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
sons of b****es (implying that Mr. Kaepernick was a son of a b****) and demanded that
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2 NFL teams fire these players. Since then, President Trump and Vice President Mike Pence
3 have posted Tweets and engaged in various public relations stunts designed to retaliate
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against Mr. Kaepernick and other players that have joined in Kaepernicks peaceful
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protest. Following Trumps September 22, 2017 campaign rally, NFL owners and affiliates
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7 feigned concern for players by either kneeling alongside them or joining them in locking
8 arms, and were even featured on the cover of Sports Illustrated Magazine doing the
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same. However, such conduct by NFL owners proved to be a public relations stunt, designed
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to appear empathetic to players; in reality, NFL owners threatened players with fines and
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GERAGOS & GERAGOS, APC
12 suspension if they refused to stand for the national anthem in the following weeks.
644 South Figueroa Street
HISTORIC ENGINE CO. NO. 28
18 communications with President Trump, who has been an organizing force in the collusion
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among team owners in their conduct towards Mr. Kaepernick and other NFL
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players. Owners have described the Trump Administration as causing paradigm shifts in
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22 their views toward NFL players.
23 14. The mere suspicion of collusion against Mr. Kaepernick has risen to the level of
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concrete and actual collusion. It is no longer a statistical anomaly but instead a statistical
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impossibility that Mr. Kaepernick has not been employed or permitted to try out for any NFL
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27 team since the initiation of his free agency period. NFL General Managers and team leaders
28 have referred to directives from NFL owners to not let Mr. Kaepernick so much as practice
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
with a team. In a league that is seventy percent (70%) African American, with not a single
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2 African American owner, the NFL and its owners have colluded to deprive Mr. Kaepernick
3 of employment for the purpose of making him an example to other players of the
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repercussions of challenging the NFL power paradigm, even by peaceful protest. It is with a
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heavy heart that Mr. Kaepernick submits this Demand for Arbitration, as he has been
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7 saddened to confirm the baleful machinations that underlie the professional administration of
8 Americas pastime.
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II. VIOLATION OF COLLECTIVE BARGAINING AGREEMENT
10 ANTI- COLLUSION
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HISTORIC ENGINE CO. NO. 28
28 any team, and prohibiting Mr. Kaepernick from being employed by any team despite his
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
qualifications. Respondents have undertaken said collusive conduct in retaliation for Mr.
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2 Kaepernicks invocation of his rights under the First Amendment and his leadership in
3 bringing attention to racial inequality and social injustice. Said conduct has been manifest in
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NFL team owner communications with each other, with the Executive Branch of the United
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States government, on social media, and through efforts announced by NFL Commissioner
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7 Goodell on October 10, 2017 to nunc pro tunc enact rules and regulations, not previously on
8 the books, to prohibit and preclude Mr. Kaepernick and other players from kneeling.
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19. Claimant Colin Kaepernick requests all relief permitted by Article 17 of the CBA.
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20. Based on the public statements made by NFL Owners and NFL Commissioner
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Los Angeles, California 90017-3411
GERAGOS & GERAGOS, APC
12 Goodell regarding the foregoing matters, Claimant Colin Kaepernick respectfully requests
644 South Figueroa Street
HISTORIC ENGINE CO. NO. 28
13 that the NFL and its team owners waive such confidentiality requirements as may exist under
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Article 15, Section 10 and permit all proceedings to be presumptively open to the public.
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16 DATED: October 15, 2017 GERAGOS & GERAGOS, APC
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By: /s/ Mark J. Geragos
19 MARK J. GERAGOS
BEN J. MEISELAS
20 TINA GLANDIAN
Attorneys for Claimant
21 COLIN KAEPERNICK
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
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2 PROOF OF SERVICE
3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
4 I am employed in the County of Los Angeles, State of California. I am over the age
5 of 18 and not a party to the within action; my business address is 644 South Figueroa Street
Los Angeles, California 90017-3411.
6 On October 15, 2017, I served the foregoing document described as:
7 CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION on the
interested parties listed below:
8 SEE ATTACHED SERVICE LIST
9 METHOD OF SERVICE
10 [x] VIA US MAIL - Placing the envelope for collection and mailing on the date and at our
business address following our ordinary business practices. I am readily familiar with this
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Los Angeles, California 90017-3411
businesss practice for collecting and processing correspondence for mailing. On the same day that
GERAGOS & GERAGOS, APC
correspondence is placed for collection and mailing, it is deposited in the ordinary course of business
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644 South Figueroa Street
HISTORIC ENGINE CO. NO. 28
with the United States Postal Service in a sealed envelope with postage fully prepaid.
13 [] VIA FACSIMILE TRANSMISSION I caused the above described document to be
transmitted via electronic facsimile to only those number(s) provided above on October 12, 2017.
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[x] VIA PERSONAL SERVICE) - I caused such envelope to be delivered by hand to the
15 offices of the above addressee(s) on October 12, 2017.
16 [x] VIA EMAIL - I caused the above-described documented to be transmitted via email to only
the email(s) provided above on October 12, 2017.
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18 I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
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20 Executed on October 15, 2017, at Los Angeles, California 90017.
21 ________________________
22 GABY PRECIADO
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
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2 SERVICE LIST
1. The National Football League Management Council
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345 Park Avenue New York, NY 10154
4 Attention: Executive Vice President Labor & League Counsel
5 2. National Football League Players Association
6 63 Gene Upshaw Place 1133 20th Street, NW
Washington, D.C. 20036
7 Attention: General Counsel
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3. Baltimore Ravens
9 1 Winning Drive
Owings Mills, Maryland 21117
10 Attention: President
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Los Angeles, California 90017-3411
4. Buffalo Bills
GERAGOS & GERAGOS, APC
27 9. Indianapolis Colts
P.O. Box 535000
28 Indianapolis, Indiana 46253
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CLAIMANT COLIN KAEPERNICKS DEMAND FOR ARBITRATION
Attention: President
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2 10. Jacksonville Jaguars
One EverBank Field Drive
3 Jacksonville, Florida 32202
4 Attention: President
Attention: President
GERAGOS & GERAGOS, APC
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644 South Figueroa Street
HISTORIC ENGINE CO. NO. 28
12 NovaCare Complex
644 South Figueroa Street
HISTORIC ENGINE CO. NO. 28