The New Orleans Saints have applied the franchise tag to Jimmy Graham. However, they have decided to use the non-exclusive version of the tag. This means that Graham will be free to negotiate with other teams come March 11th. If a team signs Graham to an offer sheet, the Saints will have the opportunity to either match the offer, or allow Jimmy Graham to leave, with the cost being two first-round picks as compensation.
A big question here is what position Graham plays. The Saints only apply the tag, the NFL Management Council will be tasked with determining whether to apply the tight end franchise value ($7.035 million) or the far more lucrative wide receiver franchise value ($12.315 million) to the one year tender offer the Saints will extend to Graham. The difference amounts to $5.28 million on a one-year deal.
The managment council ruling is subject to an appeals process. The dispute will then be resolved by an individual NFL/NFLPA Agreed Arbitrator, subject to review by the three-member NFL/NFLPA Agreed Appeals Panel.
Most fans would say that Graham is a tight end, however things aren’t so simple. The basic argument before the arbitrator will be two-fold.
Graham will likely argue that the letter of the law in the Collective Bargaining Agreement should prevail. The CBA states that the franchise player be tendered at the position “at which [he] participated in the most plays during the prior League Year.” When the Saints use Graham he is often split from the line, and thus he is making the argument that when there is a gap between him and the offensive tackle he is actually lining up as a wide receiver and not a tight end. In the Saints pass happy offense, this formation is used on more than 50% of plays.
The Saints will argue that the modern tight end position is no longer restricted to being lined up beside the offensive tackle and even when he lines up split from the line, he is still playing tight end. For the arbitrator to rule in their favor, he will need to state that NFL positions are not as cut and dry as they have been in the past. This is a difficult precedent for any arbitrator to set.
The situation is one that has almost reached an arbitrator on two previous occasions. In 2012 the Packers had the same fight with Jermichael Finley, but compromised on a two-year deal before going before the arbitrator. Last year, the Titans choose not to franchise Jared Cook fearing the arbitration process, and the possibility he would end up with wide receiver money.
Of course these arguments could all be made moot if the Saints and Graham agree to a deal, or if Graham signs an offer sheet with another team.
The deadline on a long-term deal is July 15th. After that date Graham would only be able to sign a one-year deal, at the franchise tender amount.
And so it appears that this is just the beginning of a long saga this off-season between the New Orleans Saints and Jimmy Graham.
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