Is Shemar holding out?

[George Cantstandya]

(Yesterday, 09:00 PM)Nepa Wrote: I trust your analysis, George. Your typically spot on in finding and enunciating the rules. But the ESPN report (link below), as written, gives another impression: "Under the current collective bargaining agreement between the NFL Players Association and the NFL, the team that drafted a player retains their rights through the following year's draft."

The wording of "through the following year's draft" gives the impression the Bengals would retain the rights through the draft. But, what you have stated makes a lot more sense.


https://www.espn.com/nfl/story/_/id/45777024/still-unsigned-bengals-rookie-shemar-stewart-report

Thanks I try my best to make sense of a lot of the rules but they certainly can be confusing at times.  That's why they have all those lawyers working on such things and also probably why the rules and wording can be confusing at times.  :)

Here is the quote directly from the CBA:

https://nflpaweb.blob.core.windows.net/website/PDFs/CBA/March-15-2020-NFL-NFLPA-Collective-Bargaining-Agreement-Final-Executed-Copy.pdf

Quote:If a Drafted Rookie has not signed a Player Contract during the period from the date of such Draft to the thirtieth day prior to the first game of the regular season: (i) the Club that drafted the player may not thereafter trade to another Club either its exclusive negotiating rights to such player or any Player Contract that it signs with such player for the player’s initial League Year; and (ii) the Club that drafted the player is the only Club with which the player may sign a Player Contract until the day of the Draft in the subsequent League Year, at which time such player is eligible to be drafted in the subsequent League Year’s Draft by any Club except the Club that drafted him in the initial Draft.   (After the Tuesday following the tenth week of the regular season, the player and the Club may sign a Player Contract only for future League Year(s)).

Edit:  I just looked at the ESPN article.  It seems they are talking about a hypothetical situation where Stewart would return to play in college this year.  In that case yes the language in the CBA states the Bengals would still have his rights next year.  But it has already been stated he isn't returning to college and it is also against NCAA policy so he would likely have to win a legal contest to return to college.  Here is what the CBA says about the college thing:

Quote:If any college football player who becomes eligible for the Draft prior to exhausting his college football eligibility through participation is drafted by an NFL Club, and returns to college, the drafting Club’s exclusive right to negotiate and sign a Player Contract with such player shall continue through the date of the Draft that follows the last season in which the player was eligible to participate in college football, and thereafter the player shall be treated and the Club shall have such exclusive rights as if he were drafted in such Draft by such Club (or assignee Club).

I didn't address that earlier because as stated above it has been claimed he is not returning to college and NCAA regulations do not allow it in his case.  Sorry for any confusion.