After the NFL decided not to allow quarterback Brendan Sorsby into the supplemental draft, lawyer Jeffrey Kessler said he plans to immediately raise the alleged Collective Bargaining Agreement violation with the NFL Players Association.
The NFLPA has not immediately decided what, if anything, to do about the league’s stiff-arm of Sorsby.
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A source close to the situation tells PFT that the NFLPA has not made any determination on if, how, or whether the union has legal grounds to challenge the NFL’s decision.
Although Sorsby won’t be a member of the NFLPA until he’s drafted or goes undrafted and signs as a free agent, the NFLPA has standing to challenge the NFL’s failure to conduct a supplemental draft after a seemingly eligible player applied.
Here’s where it gets a little awkward. By taking a stand for Sorsby, who is not currently in the union, the NFLPA could be impairing the employment of a current union member; if Sorsby gets a roster spot, someone else will be released. That’s reason enough for the NFLPA to take no position on the matter.
Ultimately, Sorsby may have to sue the NFL for its decision to apply the relevant terms of the CBA in a way that operates as a one-year suspension of Sorsby, even though he has violated no NFL rules or policies.
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