By Katherine Terrell, NOLA.com | The Times-Picayune
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on May 07, 2014 at 10:42 AM, updated May 07, 2014 at 12:05 PM
The NFLPA has filed a grievance against the New Orleans Saints on behalf of Jimmy Graham, according to a source.
The grievance will likely contend that Graham, who was given the non-exclusive franchise tag as a tight end, should have been tagged instead as a wide receiver.
The $12.3 million franchise tag price for a wide receiver is significantly higher than the $7.035 million issued to a tagged tight end.
No hearing date has been set yet, according to USA Today. If the two sides cannot come to an agreement, a neutral party arbitrator decide what position at which he should be tagged. The resulting decision would give one party leverage in long-term contract negotiations.
The contention will be that Graham lined up more in a role befitting a receiver, rather than at the end of the line in a three-point stance as would a traditional tight end.
That's partly reflected in the 2011 collective bargaining agreement, which states a player's salary should be based on the position "at which he participated in the most plays during the prior League Year."
The previous CBA, which was initially ratified in 1993, defined the exclusive franchise tag as the position "at which he played the most games during the prior League Year."
According to ESPN Stats & Info, Graham lined up as an in-line tight end 33 percent of the time (291 snaps), in the slot 45 percent (395 snaps) and out wide 22 percent of his plays (191 snaps).
The case is similar to Baltimore Ravens outside linebacker/defensive end Terrell Suggs filed a grievance in 2008 when he wanted the higher-paid defensive end franchise tag and not a linebacker tag.
Suggs' camp eventually came to an agreement with the Ravens and he was paid an amount that split the difference between the two positions. That increased his one-year franchise tender from $8.065 million to about $8.5 million, and he dropped his grievance.
That's one possibility with Graham, if the two sides decide to come to an agreement to designate him a tight end/wide receiver hybrid.
When asked about Graham's contract status on Wednesday, Saints general manager Mickey Loomis said there is no update, a response he has maintained all offseason. News of Graham's grievance broke shortly after the press conference concluded.
The Saints have until July 15 to work out a long-term deal with Graham's camp, or he will either be forced to sit out the season or play under a one-year contract. An earlier report that Graham had until April 22 to file a grievance proved to be incorrect.
Saints coach Sean Payton didn't seem too worried when asked about the absence of Graham from offseason workouts.
"I think it's pretty normal," Payton said of Graham's status on April 23 before the Zurich Classic of New Orleans' Pro-Am. "Everything the first week was pretty much as expected."
Saints had a similar fight two years ago quarterback Drew Brees missed workouts, OTAs and minicamp. Brees and the Saints eventually agreed to a deal in mid-July and the quarterback returned in time for the start of training camp.
"Look, I think all of us understand and I think it's the hardest thing to understand from the outside. It is a business," said right tackle Zach Strief. "Neither side is right, neither side is wrong. It just is what it is. I think that everyone knows that the first game of the season, Jimmy will be there and be ready to go. That's all you really want at the end of the day. You forget all of a sudden that he wasn't there for OTAs and all of those other things."
Graham has not spoken publicly about the issue since February, when he said he was 'just standing.' He and agent Jimmy Sexton have been silent on the matter for months, despite reports Sexton was going to file a grievance immediately after Graham was tagged.
"I take everyday one day at a time," he said. "I'm just going to wait and see what happens because that's where it's at."
He also tweeted in March, following the release of wide receiver Lance Moore and the release of running back Darren Sproles.
"Wow unbelievable," he tweeted. "Shocked and disappointed on everything that's gone on this offseason."
The Saints currently have $3,450,141.00 in salary cap room, according to the NFLPA.
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Staff writer Larry Holder contributed to this report
