Player Personnel Handbook implies that the NFL can delay (or deny) Brandon Aiyuk's reinstatement

Until very recently, people throughout the league believed that the procedure for returning from the reserve/left squad list was administrative, and essentially automatic. The Brandon Aiyuk case shows that, in the NFL's view, it definitely is not. The Collective Bargaining Agreement is silent on the topic of the reserve/left squad list. The relevant language regarding placement (and eventual reinstatement) from the reserve/left squad list appears in the NFL's Player Personnel Handbook. In the year when the player is placed on reserve/left squad, he can't play for his current team or any other team. His season is basically over. The window for reinstatement opens the next year. Here's the key language from the Player Personnel Handbook regarding reinstatement: "A player on Reserve/Left Squad must apply to the Commissioner for reinstatement to his club's Active List. No player on Reserve/Left Squad shall be reinstated in the same season in which he is placed on Reserve. A player applying for reinstatement in a season subsequent to the season in which he is placed on Reserve/Left Squad is prohibited from being reinstated in the last 30 days of the regular season or thereafter during the postseason, and no such player will be reinstated during the period between the trading deadline of a subsequent season and the 30-day deadline unless the club initiates the reinstatement request and the Commissioner approves it." While the provision doesn't say it expressly, the language implies that the Commissioner has apparently unlimited discretion when it comes to approving the application to reinstate the player. In Aiyuk's case, the Commissioner has dragged his feet since October 27, setting the stage for an apparent effort by the 49ers to leverage Aiyuk's desire to be reinstated to his willingness to reimburse up to &dollar;13 million in previously-paid bonus money. The NFL Players Association has remained silent throughout the process, and perhaps for good reason. The absence of any provision in the CBA regarding the mechanics of the reserve/left squad list arguably means that the situation falls within the NFL's "management rights" clause, which allows the various teams "to manage and direct their operations in any manner whatsoever, except as specifically limited by the provisions of this Agreement." With no limitations in the CBA as to the operation of the reserve/left squad list (or reinstatement from it), the NFLPA may be without options. Precedent becomes relevant to the overall analysis. How has the league handled past requests for reinstatement from the reserve/left squad list? If the league has previously not delayed reinstatement (for whatever reason), there's an argument to be made that it should not be delayed as to Aiyuk. Regardless, it's becoming increasingly obvious that the NFL and the 49ers are working together to tie Aiyuk's reinstatement to his satisfaction of the debt that the 49ers believe Aiyuk has incurred through his prior default under his contract. It should be two separate issues, with the 49ers having the ability to pursue the recovery of bonus money from Aiyuk and Aiyuk having the ability to be reinstated. By tying the two together, the 49ers have found a way to condition Aiyuk's reinstatement on his willingness to wire a significant payment to the 49ers. Can the NFL and the 49ers do that? For now, they are. The question is whether Aiyuk and/or the NFLPA can come up with a legal argument against the obvious effort to block Aiyuk's return until he returns millions to the 49ers. If Aiyuk wants to be reinstated quickly, his best (and perhaps only) play will be to return millions to the 49ers, with the ensuing goal of earning it back as his career continues elsewhere.

Player Personnel Handbook implies that the NFL can delay (or deny) Brandon Aiyuk’s reinstatement

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