An inside look at the AJ McCarron grievance against the Cincinnati Bengals

On the most basic level, AJ McCarron just wants to play.

He appeared in three games for the Cincinnati Bengals last year and threw 14 passes in two blowout losses against Chicago and Minnesota.

He last started and played a full game on Jan. 9, 2016, in the AFC Wild Card game.

“I would love to have my chance,” he said at the end of this season. “That's all I want.”

Which is why he has taken the only avenue available to him to do so in 2018 – filing a grievance against the Bengals over his service time.

The grievance, which The Enquirer learned could be decided by an independent arbitrator as early as Wednesday, is centered around one thing: Did the Bengals have a proper medical basis for putting McCarron on the non-football injury (NFI) list to start the 2014 season?

What is the problem?

The Bengals clearly felt McCarron suffered a right shoulder injury at some point away from the team, be it at the University of Alabama or elsewhere. The Bengals first placed McCarron on NFI on July 21, 2014, keeping him out of training camp. They then put him on that list to start the 2014 season on Aug. 30, 2014 – meaning McCarron would miss at least the first six games of the year.

McCarron, conversely, does not feel it was proper for that designation to be placed on him, largely because he felt he was upfront with his medical history coming out of college and passed his post-draft physical.

At its core, the grievance is over the wrong listing of a player. For example, if McCarron was listed on injured reserve in 2014, he could have accrued a season toward free agency.

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Why does that matter?

A player needs to be on an active roster for six games to accrue a season toward unrestricted free agency.

A player on NFI is allowed to practice for three weeks before having to make a decision on adding him to the active roster. The Bengals not only used that three-week window, which would have potentially had McCarron on the roster with eight games to play, but filed for and received an extension for more time.

McCarron was finally cleared to practice Nov. 20, 2014 and was added to the roster Dec. 9.

Thus, McCarron was only on the active roster for the final three games and did not accrue a season toward unrestricted free agency.

What is at stake?

If McCarron wins, he hits the open market and can field offers from any team. Not only will he get a substantial pay raise, he will likely be signed by a team that will let him compete to start. The Bengals would only then get a compensatory pick in 2019 for him.

If the Bengals win, many options are in play.

Sometime in early March, the NFL will release the fixed salary totals for restricted free agents. These are totals determined by the collective bargaining agreement.

Those are as follows (2017 tender cost):

Right of first refusal/original-round tender ($1.8 million): The Bengals can match a contract offer from another team but could gain a fifth-round pick.

Second-round tender ($2.7 million): The Bengals maintain the right of first refusal but can gain a second-round pick for McCarron should they allow him to leave.

First-round tender ($3.9 million): A first-round pick would come the Bengals way, should they pass on their right to first refusal.

At that point, the club will determine to tender McCarron at one of those values, but the deadline for that designation is 3:59 p.m. ET on March 14.

It is important to note that the offering team would have to give up their own pick, not one they acquired through a trade. For example, if the Cleveland Browns were to give up a second-round pick for McCarron in this scenario, it would be No. 33 overall – not No. 35 or No. 64.

The Bengals have not entirely ruled out placing a first-round tender on McCarron, but The Enquirer has learned they are likely to settle on a second-round pick as compensation.

They also have not ruled out matching the offer but guaranteeing a portion, if not all, of that money to keep him as the backup in 2018.

Also in play is a trade, where the Bengals would match the deal and either trade him prior to the draft or at some other point in 2018.

How will the arbitrator rule?

No one involved in this grievance has any idea.

The Enquirer has learned this case is somewhat unique under the current CBA based on the circumstances surrounding it. Disputes over improper listings have occurred in the past, but this ruling could provide a clearer framework regarding listings for teams and players going forward.

As for McCarron and the Bengals, each side feels they have a strong argument.

According to multiple sources familiar with the process, McCarron and representatives from the Bengals gave hours of testimony and provided written and visual evidence to prove their case – including medical records as well as published media reports and photography – over what McCarron did and when after he finished his career at Alabama, his pre-draft prep and ultimately when he signed with the Bengals on May 22, 2014 and then joined them for organized team activities (OTA) on May 27, 2014.

After completing his college career with the Crimson Tide on Jan. 2, 2014, McCarron said he would not participate in the Senior Bowl a few weeks later to heal several injuries, including one to his throwing shoulder.

A month later, he threw at the NFL Scouting Combine.

The Enquirer reported McCarron did not throw in the first two OTA of 2014 (May 27-29 and June 3-5) but did practice with the team on June 10-12 in its mandatory mini-camp. By the time training camp was set to open in late July, the club determined he should be on NFI.

While the focal point of the grievance is whether or not the Bengals had a proper medical basis for putting McCarron on NFI, The Enquirer learned through multiple sources that the arbitrator could factor in the Bengals’ decision to wait until Nov. 20 to clear him to practice and ultimately put him on the roster Dec. 9.

Even back then, McCarron let it be known he was already throwing more than he would have in normal practice situations.

"I calculated it up: I've thrown a little over three seasons or four seasons worth (of passes during his rehab)," McCarron said after his first practice. "It was like 3,000 footballs since I've been out. I'm fine. I feel great. No soreness."

The Enquirer learned it is within the arbitrator's purview to determine the Bengals should have made McCarron active much earlier, and therefore he should have accrued a season toward free agency.

Regardless of the ruling, this long process – McCarron filed this grievance about a year ago – is nearly over for both parties and a path forward will be set.

“It's just hard,” McCarron said in January. “As a competitor, you just see other guys playing and you want your chance to be able to showcase what you can truly do, and that's just being a competitor. Like I've said before, God's plan doesn't work out when we want it to. It's on his time. I've always truly believed that, and my wife always does an excellent job of reminding me of that, and it's just something you've got to buy into and trust and realize.”