Details Of Bengals’ Rookie Waiver Dispute With Shemar Stewart Revealed

The Bengals’ standoff with first-round pick Shemar Stewart kept him on the sidelines through mandatory minicamp amid a dispute over both his offseason participation agreement and his rookie contract.

Offseason participation agreements (or waivers) ensure that players are protected if they get injured during the team’s offseason program, including rookie minicamp, OTAs, and mandatory minicamp. Should an injury occur, the agreement guarantees that rookie contract negotiations continue in good faith so players can still receive the same deal as if they were not injured. That goal is explicitly stated in at least one other team’s agreement, but not the Bengals’, according to Pro Football Talk’s Mike Florio

Florio revealed two other major differences that could be disadvantageous to Stewart. First, the Bengals’ rookie waiver takes effect if the player “sustains a disabling NFL football-related injury.” Another team omits “disabling” to ensure that all injuries suffered by a player while participating in the offseason program are covered by the agreement.

Second, the other team includes a commitment that the player’s rookie contract “shall be commensurate” with their draft slot. Cincinnati does not include such a commitment. While rookie contract values are predetermined by draft slot, players can still negotiate for better guarantee or payment structures, which has been a key issue with Stewart’s deal.

In short, the Bengals’ offseason participation agreement “did not provide the same level of protection as other teams give their rookies,” according to NFL Network’s Tom Pelissero. He said on the Rich Eisen Show that Bengals second-round pick Demetrius Knight initially refused to sign his waiver because of the same issue, though it was resolved by the second day of rookie minicamp. Importantly, the Bengals used the same language for 2024 first-round pick Amarius Mims last year, per Florio.

With Cincinnati’s offseason program complete, the rookie waiver itself no longer matters as it does not apply to training camp. Stewart will have to come to an agreement on his full contract to participate. However, the different language is still important. The Bengals wanted Stewart to sign the same waiver as Mims – with language that diverges from other teams – while asking him to accept language in his rookie deal that differs from Mims’ but matches other teams. Essentially, the Bengals were asking Stewart to accept worse terms relative to the rest of the league in his offseason participation agreement and worse terms relative to Cincinnati’s other first-round picks in his first rookie deal.

However, NFL contract negotiations are largely driven by existing team precedent. If the Bengals wanted to change their precedent in Stewart’s rookie deal to match other teams, they could have offered him better terms in his participation agreement that would do the same. That potential fix is now off the table, and Stewart has not budged from his position.

With those details now revealed, it is hardly surprising that Stewart would hold firm, especially given the franchise’s history of difficult, protracted negotiations with top players. If he were to give in to the Bengals’ desires, he would set a worse precedent for himself and both present and future teammates. Stewart’s stance also sends a clear message to Cincinnati’s front office that he will not be pushed around in future negotiations, either.

Pelissero believes that Stewart and the team will ultimately come to an agreement at or around the start of training camp, but it remains unclear what middle ground both sides would be willing to accept.

View Comments (16)