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No, it's literally lose-lose in anyone's opinion who understands how the salary cap works. In the scenario you describe, the Patriots would take the cap hit of $5m from Brown's first contract (it cannot be credited until next league year even if forfeited) and then would take another cap hit of $5m from Brown's second contract. It makes zero sense and they can't afford it, while Brown gets nothing out of this other than the opportunity to play football and the union gets nothing other than a failed grievance. The scenario you are looking for requires the Patriots to capitulate and pay Brown his signing bonus from the original contract, and then sign him to a new contract without guarantees.
As for the union grievance part, the union is Brown's sole representative in this grievance process. The union doesn't jump when Brown tells it to jump.
Brown could agree to a new one-year deal at prorated vet minimum.The Patriots could agree to pay Brown his initial contract (minus that amount). But they cannot get back that accelerated cap hit for the 2019 season (can’t spread the hit into two years now.)