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Can a Case be made for Keenum...?


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5 minutes ago, SemperFeist said:

After the 6th game the Vikings either need to activate Bridgewater to the 53-man roster, or they need to put him on IR. 

If he passes a physical, he won’t be placed on IR, which means his contract won’t toll. 

No, they don't...they have 3 weeks after taking him off the PUP  and he begins practicing to activate him to the 53-man roster.  He is a roster exemption until then.  So, technically, they don't have to activate him until Week 10.    

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13 minutes ago, SemperFeist said:

Ok, but they still need to take him off of the PUP list and he would begin practicing. Which means he’d have to pass a physical, therefore physically able to perform his football duties. Again, his contract won’t toll. 

They aren’t allowed to take him off PUP until after week 6 which would be after our 6th game of the season.  According to the terms of the CBA his contract will toll to next season regardless of how early or late he comes off of the PUP.  It will toll.

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1 minute ago, Kparty15 said:

They aren’t allowed to take him off PUP until after week 6 which would be after our 6th game of the season.  According to the terms of the CBA his contract will toll to next season regardless of how early or late he comes off of the PUP.  It will toll.

As of the 6th game means on or after the 6th game. Which means Bridgewater will be eligible to be removed from the PUP list immediately following the 6th game. In order to return to practice Bridgewater will need to pass a physical. If he passes a physical, he’s able to physically perform his football duties. His contract will not toll.

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19 minutes ago, SemperFeist said:

As of the 6th game means on or after the 6th game. Which means Bridgewater will be eligible to be removed from the PUP list immediately following the 6th game. In order to return to practice Bridgewater will need to pass a physical. If he passes a physical, he’s able to physically perform his football duties. His contract will not toll.

I don’t think “as of” means “on or after”.  The way I am interpreting “as of” means that if he can not perform football services “at the time of” the 6th game then it will be tolled.

If “as of” meant “on or after” then there would be no point for the language stating the 6th game.  It would just read if he is able to perform football duties at any time throughout the season.  Which would mean that the only way his contract would toll is if he missed the entire year.

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5 minutes ago, VikeManDan said:

I tend to interpret the language the way @Kparty15 does. It will certainly be interesting to see what happens. Regardless, I would like Keenum to stick around as the backup to whoever is the starter going forward. 

Might be costly to keep him around if he has 2-3 good starts to point to. But I agree, keep him unless Teddy's contract tolls (and he's healthy by next spring) and Bradford is franchised. 

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1 hour ago, SemperFeist said:

After the 6th game the Vikings either need to activate Bridgewater to the 53-man roster, or they need to put him on IR. 

If he passes a physical, he won’t be placed on IR, which means his contract won’t toll. 

The Vikings have some time after the 6th game to decide whether to activate Bridgewater or put him on IR. If they decide to activate him, they have some more time of possible roster exemption that will allow him to practice but not play.

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49 minutes ago, Kparty15 said:

I don’t think “as of” means “on or after”.  The way I am interpreting “as of” means that if he can not perform football services “at the time of” the 6th game then it will be tolled.

If “as of” meant “on or after” then there would be no point for the language stating the 6th game.  It would just read if he is able to perform football duties at any time throughout the season.  Which would mean that the only way his contract would toll is if he missed the entire year.

“As of” is used to indicate the time or date from which something starts. It’s not a deadline.

 

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I believe many people are confusing being physically able to perform with being on the PUP list. Sure, PUP stands for Physically Unable to Perform. However, the lawyer wonks will notice the capitalization. It is a greivance waiting to happen if Teddy can pass a physical and the Vikings try to toll the contract based on him being on the PUP at the time. IMO, Teddy and the NFLPA would have an excellant chance to win that grievance.

Physically Unable to Perform as referenced in the CBA is a designation of status. Lower case physically unable to perform shows up many other times in the CBA and clearly references non-PUP status. The phrase “physically unable to perform football services” is independent of the player status of being on the Physically Unable to Perform list. A reading the CBA in its entirety (or at least searching for these phrases in it and reading those sections) leads to a very strong case for the NFLPA if a player is physically able to perform football services even while being tagged with the PUP status.

In the end, only an arbitrator's decision will clarify this. I hope it doesn't get to that. In the meantime, none of us should be too sure that being on the PUP qualifies a player as being physically unable to perform football services after the sixth game.

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I agree that it will be the argument...but I'm not all that confident that the players can win using that argument, as it's a collectively bargained designation...because while you are the PUP list, you are "legally defined" as being physically unable to perform, regardless of whether you are actually physically able to perform.  You can't legally define yourself as being physically able to perform until you are off that list.   

 

Disclaimer:  I'm not a lawyer,  nor do I play one on TV, so I could certainly be wrong...I do write contracts for a living, so I'm well-versed in what attorneys think, but as we all know, sometimes they can come up with a creative argument.

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