NFL grievance against NFLPA: Winning case may not be purpose in alleging RB's were advised to fake injuries

The NFL could very well test Lloyd Howell and see how he reacts as the union's new executive director

Shortly after opening weekend of the 2023 season, the NFL filed a grievance with the management council executive committee against the NFL Players Association alleging the union advised running backs to fake injuries as a way to gain leverage in contract negotiations.

The union has strongly denied the allegations, and that case is headed for arbitration, with testimonies and depositions likely to take place in the future.

But winning the case may not be the purpose of the grievance for the NFL. As one source tells CBS Sports, the NFL may have other reasons for pursuing the case.

The NFLPA elected Lloyd Howell as its new executive director in July. Howell doesn't have a legal background like his predecessor, DeMaurice Smith, and with the sides in "peacetime" with a CBA that goes through the 2030 season, this could be a test on how the new union leader will react.

Another reason, the source explains, could be to effectively "chill" how the union attempts to coordinate with its member players.

The NFL filed the grievance on Sept. 11 claiming the union, in a Zoom call with select running backs in training camp, offered the advice that players dissatisfied with their current contracts "consider feigning or exaggerating injuries to withhold service as a way to increase their leverage in contract negotiations."

The Zoom call in question was arranged by Chargers running back Austin Ekeler, and a source says he invited Howell and NFLPA president JC Tretter on the call to speak to the assembled group. It was on that call the NFL alleges the advice was dispensed.

The league does not provide proof of that in the grievance, though one would assume it would save that evidence for arbitration if it has any. The league is also not accusing any player of faking an injury in order to gain leverage in negotiations.

"Their grievance is ridiculous and without merit," the NFLPA said in a statement.

In July, Tretter appeared to hint at the possibility of faking an injury to create leverage on the Ross Tucker Podcast.

"You need to try to create as much leverage as you possibly can," Tretter said. "… I think we've seen issues -- now, I don't think anybody would say they were fake injuries, but we've seen players who didn't want to be where they currently are, have injuries that made them unable to practice and play, but you're not able to get fined, and you're not able to be punished for not reporting. So there are issues like that.

"I don't think I'm allowed to ever recommend that, at least publicly, but I think each player needs to find a way to build up leverage to try to get a fair deal. And that's really what all these guys are looking for, is to be compensated fairly."

Last year, the union filed a grievance against the NFL claiming collusion in the absence of guaranteed contracts. That case remains ongoing, and a source says part of the reason is because some quarterbacks who could testify have so far been unwilling to do so.