Mike Jones

USA TODAY Sports

After remaining largely silent while languishing as an NFL free agent for more than seven months, quarterback Colin Kaepernick filed a collusion grievance against league owners under the collective bargaining agreement Sunday.

"We can confirm that this morning we filed a grievance under the CBA on behalf of Colin Kaepernick. This was done only after pursuing every possible avenue with all NFL teams and their executives," Kaepernick's lawyer, Mark Geragos, said in a statement.

"If the NFL (as well as all professional sports leagues) is to remain a meritocracy, then principled and peaceful political protest -- which the owners themselves made great theater imitating weeks ago -- should not be punished and athletes should not be denied employment based on partisan political provocation by the Executive Branch of our goverment. Such a precedent threatens all patriotic Americans and harkens back to our darkest dyas as a nation. Protecting all athletes from such collusive conduct is what compelled Mr. Kaepernick to file his grievance.

"Colin Kaepernick's goal has always been, and remains, to simply be treated fairly by the league he performed at the highest level for and to return to the football playing field."

Bleacher Report first reported the news.

“I imagine this will go before the arbitrator, but we won’t talk about the process or the underlying issues, and that is something we are going to respect," NFL spokesman Joe Lockhart said Monday.

Kaepernick opted out of his contract with the San Francisco 49ers 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.

"The NFLPA has been in regular contact with Mr. Kaepernick’s representatives for the past year about his options and our union agreed to follow the direction of his advisors throughout that time," the union said in a statement Sunday.

The arbitration process spelled out in the collective bargaining agreement for allegations of collusion works much differently than disputes related to on-field punishment or the personal conduct policy, the latter of which played out in the six-game suspension of Cowboys running back Ezeliel Elliott.

The arbitrator, who serves an 18-month term, is decided upon by the NFL and NFLPA, although there are contingencies in place if the two sides can’t come to an agreement. The arbitrator can initiate proceedings within 72 hours of notice of a filing.

If the arbitrator finds there was collusion, Kaepernick would receive at least twice the amount he would likely been paid. Any club found to have to colluded would be fined $5 million --- money that would go to the NFL player pension fund or similar fund --- and the team’s cap room could be impacted.

The arbitrator’s decision can be appealed to a three-person appeals panel, selected by the NFL and NFLPA. The decision by the appeals panel is considered “full, final and complete.” If no appeal is made, the arbitrator’s decision would be the final say on the case.

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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Contributing: A.J. Perez

Follow Mike Jones on Twitter @ByMikeJones

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