1 GERAGOS & GERAGOS 2 A PROFESSIONAL CORPORATION LAWYERS 3 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 4 5 6 Telephone Facsimile Geragos@Geragos.com MARK J. GERAGOS SBN 108325 BEN J. MEISELAS SBN 277412 TINA GLANDIAN SBN 251614 Attorneys for Claimant COLIN KAEPERNICK 7 IN THE MATTER OF ARBITRATION OF 8 9 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 COLIN KAEPERNICK, 11 CLAIMANT, 12 vs. 13 No.: CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION NATIONAL FOOTBALL LEAGUE, et al., 14 RESPONDENTS. 15 16 17 18 19 20 TO THE NATIONAL FOOTBALL LEAGUE AND ALL 32 TEAMS COMPRISING THE LEAGUE: PLEASE TAKE NOTICE THAT CLAIMANT COLIN KAEPERNICK hereby commences an Enforcement Proceeding pursuant to Articles 15 and 17 of the National 21 22 23 24 25 Football League (―NFL‖) Collective Bargaining Agreement (―CBA‖). CBA Article 17, Section 1 states: 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 limit individual Club decision making as follows: 26 27 28 (i) whether to negotiate or not to negotiate with any player; . . . (iii) whether to offer or not to offer a Player Contract to any player; . . . or -1CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 (v) concerning the terms or conditions of employment offered to any player for inclusion, or included in, a Player Contract. 2 3 CBA Art. 17, § 1. 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, 6 implied and/or express agreements to specifically deprive Claimant Colin Kaepernick from 7 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 8 employment in the NFL, as well as from practicing with and/or trying out for NFL teams for 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. 11 Kaepernick’s leadership and advocacy for equality and social justice and his bringing 12 13 awareness to peculiar institutions still undermining racial equality in the United States. 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 17 the CBA, expedited discovery including depositions and document production pursuant to 18 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, 22 memoranda, notes, and all other electronically stored information (ESI) which is reasonably 23 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. 27 28 -2CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION I. 1 FACTUAL BACKGROUND 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 4 Francisco 49ers during the 2011 NFL draft. 5 2. Mr. Kaepernick quickly rose to the position of starting quarterback for the 49ers in 6 7 8 9 2012. 3. Mr. Kaepernick ultimately led his team to the National Football Conference (―NFC‖) Championship and to its first Super Bowl in nearly two decades. GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 12 13 14 4. Mr. Kaepernick continued to perform as a top tier quarterback while playing with the 49ers. 5. During the 2016 season, following numerous instances of police brutality against minority individuals, Mr. Kaepernick opted not to stand during the national anthem in an 15 16 effort to raise awareness of racial inequality and minority oppression in the United States 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. 19 In addition to his silent and peaceful expression of protest by kneeling, Mr. Kaepernick also pledged to donate $1 million of his 20 21 2016–2017 season salary to support organizations helping communities in need. 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 24 has a constitutionally protected First Amendment right to engage in a silent and peaceful 25 26 protest. 27 28 -3CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 7. Mr. Kaepernick’s actions gained nationwide attention. Numerous other members 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. 4 8. Mr. Kaepernick became a free agent on or around March 3, 2017. Based on his 5 6 consistently exceptional career performance, his age, and all other objective metrics, Mr. 7 Kaepernick was an ideal candidate—and, in fact, the best-qualified candidate—to fill the 8 vacant starting quarterback positions on many NFL teams, or at the very least, the numerous 9 vacant backup positions. Goodell himself has been quoted as stating that the NFL is about GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 ―meritocracy and opportunity.‖ 12 9. However, during his free agency period, the purportedly ―free market‖—whose 13 natural function should have resulted in a bidding war (or at least high-level interest) for a 14 quarterback of Mr. Kaepernick’s caliber—instead functioned as a peculiar institution with 15 16 suspicious design and objective. 17 10. NFL teams exhibited unusual and bizarre behavior regarding Mr. Kaepernick’s 18 prospective employment. Multiple NFL head coaches and general managers stated that they 19 wanted to sign Mr. Kaepernick, only to mysteriously go silent with no explanation and no 20 21 contract offer made to Mr. Kaepernick. Other NFL teams stated they had no interest in Mr. 22 Kaepernick and refused to explain why. NFL teams who ran offensive systems favorable to 23 Mr. Kaepernick’s style of play instead employed retired quarterbacks or quarterbacks who 24 had not played in a regular season game in years, and signed them to significant contracts 25 26 while prohibiting Mr. Kaepernick from even trying out or interviewing for those jobs. 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 -4CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 sons of b****es (implying that Mr. Kaepernick was a ―son of a b****‖) and demanded that 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 4 against Mr. Kaepernick and other players that have joined in Kaepernick’s peaceful 5 6 protest. Following Trump’s September 22, 2017 campaign rally, NFL owners and affiliates 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 9 same. However, such conduct by NFL owners proved to be a public relations stunt, designed GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 12 13 14 to appear empathetic to players; in reality, NFL owners threatened players with fines and suspension if they refused to stand for the national anthem in the following weeks. 12. On or around October 10, 2017, NFL Commissioner Goodell announced a proposed NFL rule change requiring players to stand during the national anthem, thereby 15 16 conceding there was no such prior rule in place. 17 13. The owners of Respondent NFL Teams have been quoted describing their 18 communications with President Trump, who has been an organizing force in the collusion 19 among team owners in their conduct towards Mr. Kaepernick and other NFL 20 21 22 23 24 players. Owners have described the Trump Administration as causing paradigm shifts in their views toward NFL players. 14. The mere suspicion of collusion against Mr. Kaepernick has risen to the level of concrete and actual collusion. It is no longer a statistical anomaly but instead a statistical 25 26 impossibility that Mr. Kaepernick has not been employed or permitted to try out for any NFL 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 -5CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 with a team. In a league that is seventy percent (70%) African American, with not a single 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 4 repercussions of challenging the NFL power paradigm, even by peaceful protest. It is with a 5 6 7 saddened to confirm the baleful machinations that underlie the professional administration of 8 America’s pastime. 9 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 GERAGOS & GERAGOS, APC heavy heart that Mr. Kaepernick submits this Demand for Arbitration, as he has been 11 II. VIOLATION OF COLLECTIVE BARGAINING AGREEMENT— ANTI- COLLUSION 15. Claimant Colin Kaepernick incorporates the above-referenced allegations as 12 13 14 15 16 though set forth fully herein. 16. Respondent NFL and all 32 constituent Respondent NFL Teams are in violation of the CBA’s anti-collusion provisions, as set forth in Article 17. 17. Article 17 states: 17 19 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 limit individual Club decision-making as follows: 20 (i) whether to negotiate or not to negotiate with any player; . . . 21 (iii) whether to offer or not to offer a Player Contract to any player; . . . or 18 22 23 24 (v) concerning the terms or conditions of employment offered to any player for inclusion, or included, in a Player Contract. CBA Art. 17, § 1. 25 26 18. Respondents have engaged in express or implied collusion by prohibiting Mr. 27 Kaepernick from practicing with any team, prohibiting Mr. Kaepernick from trying out with 28 any team, and prohibiting Mr. Kaepernick from being employed by any team despite his -6CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 qualifications. Respondents have undertaken said collusive conduct in retaliation for Mr. 2 Kaepernick’s 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 4 NFL team owner communications with each other, with the Executive Branch of the United 5 6 States government, on social media, and through efforts announced by NFL Commissioner 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. 9 19. Claimant Colin Kaepernick requests all relief permitted by Article 17 of the CBA. GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 20. Based on the public statements made by NFL Owners and NFL Commissioner 12 Goodell regarding the foregoing matters, Claimant Colin Kaepernick respectfully requests 13 that the NFL and its team owners waive such confidentiality requirements as may exist under 14 Article 15, Section 10 and permit all proceedings to be presumptively open to the public. 15 16 GERAGOS & GERAGOS, APC DATED: October 15, 2017 17 18 19 By: 20 21 /s/ Mark J. Geragos MARK J. GERAGOS BEN J. MEISELAS TINA GLANDIAN Attorneys for Claimant COLIN KAEPERNICK 22 23 24 25 26 27 28 -7CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 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 of 18 and not a party to the within action; my business address is 644 South Figueroa Street Los Angeles, California 90017-3411. 5 6 7 On October 15, 2017, I served the foregoing document described as: CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION on the interested parties listed below: 8 9 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 12 13 14 15 16 17 18 SEE ATTACHED SERVICE LIST METHOD OF SERVICE [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 business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. [] 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. [x] VIA PERSONAL SERVICE) - I caused such envelope to be delivered by hand to the offices of the above addressee(s) on October 12, 2017. [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. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 19 20 Executed on October 15, 2017, at Los Angeles, California 90017. 21 ________________________ 22 GABY PRECIADO 23 24 25 26 27 28 -8CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 2 3 4 5 6 7 8 9 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 12 13 SERVICE LIST 1. The National Football League Management Council 345 Park Avenue New York, NY 10154 Attention: Executive Vice President Labor & League Counsel 2. National Football League Players Association 63 Gene Upshaw Place 1133 20th Street, NW Washington, D.C. 20036 Attention: General Counsel 3. Baltimore Ravens 1 Winning Drive Owings Mills, Maryland 21117 Attention: President 4. Buffalo Bills One Bills Drive Orchard Park New York 14127-2296 Attention: President 14 15 16 5. Cincinnati Bengals One Paul Brown Stadium Cincinnati, Ohio 45202-3492 Attention: President 17 18 19 6. Cleveland Browns 76 Lou Groza Blvd. Berea, Ohio 44017 Attention: President 20 21 22 23 24 25 26 27 28 7. Denver Broncos 13655 Broncos Parkway Englewood, Colorado 80112 Attention: President 8. Houston Texans Two NRG Park Houston, Texas 77054 Attention: President 9. Indianapolis Colts P.O. Box 535000 Indianapolis, Indiana 46253 -9CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 2 3 4 5 6 7 8 9 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 12 13 14 15 16 17 Attention: President 10. Jacksonville Jaguars One EverBank Field Drive Jacksonville, Florida 32202 Attention: President 11. Kansas City Chiefs The University of Kansas Health System Training Complex One Arrowhead Drive Kansas City, Missouri 64129 Attention: President 12. Los Angeles Chargers 3333 Susan Street Costa Mesa, California 92626 Attention: President 13. Miami Dolphins 7500 S.W. 30th Street Davie, Florida 33314 Attention: President 14. New England Patriots Gillette Stadium One Patriot Place Foxborough, Massachusetts 02035 Attention: President 18 19 20 21 22 23 24 15. New York Jets 1 Jets Drive Florham Park, New Jersey 07932 Attention: President 16. Oakland Raiders 1220 Harbor Bay Parkway Alameda, California 94502 Attention: President 27 17. Pittsburgh Steelers 3400 South Water Street Pittsburgh, Pennsylvania 15203 Attention: President 28 18. Tennessee Titans 25 26 - 10 CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 2 3 4 5 6 7 8 9 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 460 Great Circle Road Nashville, Tennessee 37228 Attention: President 19. Arizona Cardinals 8701 S. Hardy Drive Tempe, Arizona 85284 Attention: President 20. Atlanta Falcons 4400 Falcon Parkway Flowery Branch, Georgia 30542 Attention: President 21. Carolina Panthers 800 South Mint Street Charlotte, North Carolina 28202-1502 Attention: President 12 13 14 15 16 17 18 19 20 21 22. Chicago Bears Halas Hall at Conway Park 1920 Football Drive Lake Forest, Illinois 60045 Attention: President 23. Dallas Cowboys The Star in Frisco, 1 Cowboys Way Frisco, Texas 75034 Attention: President 24. Detroit Lions 222 Republic Drive Allen Park, Michigan 48101 Attention: President 22 23 24 25 26 27 28 25. Green Bay Packers Lambeau Field Atrium 1265 Lombardi Avenue Green Bay, Wisconsin 54304 Attention: President 26. Los Angeles Rams 29899 Agoura Road Agoura Hills, CA 91301 Attention: President - 11 CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION 1 2 3 4 5 6 27. Minnesota Vikings 9520 Viking Drive Eden Prairie, Minnesota 55344 Attention: President 28. New Orleans Saints 5800 Airline Drive Metairie, Louisiana 70003 Attention: President 7 8 9 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29. New York Giants Quest Diagnostics Training Center 1925 Giants Drive East Rutherford, New Jersey 07073 Attention: President 30. Philadelphia Eagles NovaCare Complex One NovaCare Way Philadelphia, Pennsylvania 19145 Attention: President 31. San Francisco 49ers 4949 Marie P. DeBartolo Way Santa Clara, California 95054 Attention: President 32. Seattle Seahawks Virginia Mason Athletic Center 12 Seahawks Way Renton, Washington 98056 Attention: President 33. Tampa Bay Buccaneers One Buccaneer Place Tampa, Florida 33607 Attention: President 34. Washington Redskins Inova Sports Performance Center at Redskins Park 21300 Redskin Park Drive Ashburn, Virginia 20147 Attention: President 28 - 12 CLAIMANT COLIN KAEPERNICK’S DEMAND FOR ARBITRATION