Written by Admin | Aug 8, 2019 5:00:00 AM
TUESDAY, AUGUST 6, 2019 | SERVING CHICAGO’S LEGAL COMMUNITY FOR 164 YEARS | CHICAGOLAWBULLETIN.COM VOLUME 165, NO. 152 NBA labor contract appears to be paper thin; will anything be done? At the conclusion of every cific rules are included within many of the reported deals case, I remind my clients of collective bargaining agree- occurred almost instanta- their essential responsibility of ment’s Article II and Article XI. neously after the moratorium ensuring the enforcement of According to Article II, Sec- period ended. their settlement contract or tion 15, no player and team According to the media, judgment. I emphasize to may enter into any oral or some of the suspected free them the notion that without written agreement about agency timing rule-breakers enforcement, rules are just terms of the player’s employ- included the Boston Celtics words on a piece of paper. ment during the moratorium and Kemba Walker, the Detroit This notion was recently period, with various specified Pistons and Derrick Rose, the emphasized during the NBA exceptions. TIME- Brooklyn Nets, Kyrie Irving, free agency period for the The moratorium period OUT and Kevin Durant, and the Los 2019-20 basketball season occurs after the NBA Finals for Angeles Clippers and Kawhi because of suspicions that the previous season has AMY N. SCHILLER Leonard. players and teams had violated ended. This period is impor- Maybe the lack of detail and NBA free agency rules without tant because it gives the strong word choices in the repercussions. league time to analyze finan- labor agreement free agency AMY N. SCHILLER is an Compliance and enforce- cial data from the prior year rules have caused people to attorney at Schiller ment issues are prevalent and set the upcoming salary view them as malleable, lead- DuCanto & Fleck LLP where across all areas of law in differ- cap and other figures which ing to increased violations by she practices family law ent ways, and sports law is no would be necessary for teams teams and players and also with a strong focus on exception. There is great vari- to determine their budget for leading to the league letting property issues and the ation in how and when viola- acquiring and retaining talent. things slide. complex financial and tions of laws, contracts and This year, the moratorium For example, the free custody matters facing judgments are addressed period was defined as June 30 agency rules do not include professional athletes and depending on each set of cir- at 6 p.m. Eastern Time to July strong language like “shall” or enter tainers. cumstances. Sometimes, the 6 at noon Eastern Time. How- “shall not,” but instead use a s c h i l l e r @ s d f l a w. c o m . cost and/or burden of enforce- ever, the league permitted words like “may” or “is free.” ment outweighs the benefit, players and teams to commu- Further, they do not set forth resulting in no action being nicate strictly for scheduling sions with new teams starting default or potential conse- taken. This creates a mindset starting June 29 at 6 p.m. East- on June 30 at 6 p.m. Eastern quences if a violation occurs that some rules are just made ern Time. Time and only permitted to and do not set forth proce- to be bent or broken. According to the collective execute an oral or written dure if a suspected violation This mindset has been bargaining agreement Article agreement with a new team occurs. prevalent regarding a sus- XI, Section 1, an unrestricted from noon on July 6 and There are, however, more pected disregard of key NBA free agent is free to negotiate forward. powerfully written clauses at free agency timing rules by beginning on the first day of The compliance and Articles 35 and 35A of the NBA some NBA teams and players. the moratorium period and enforcement of the NBA free Constitution regarding the These teams and players seem free after the moratorium agency rules were questioned “anti-tampering rules,” which to capitalize on a realization period to sign a player con- this year because of several could apply to some, but not that free agency rules are just tract with any team. reports of negotiations hap- all, CBA free agency rule viola- words on paper — that paper In summary, according to pening between teams and tion scenarios. being the collective bargaining the labor agreement rules, any players before June 30 and also For example: Article 35(e) agreement between the NBA player labeled as an unre- reports of deals being made provides: “Any [p]layer who, and the National Basketball stricted free agent could only between teams and players directly or indirectly, entices, Players Association. The spe- engage in substantive discus- before July 6. Confirmation of induces, persuades or Copyright © 2019 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.attempts to entice, induce or inflict both such suspension post-decree cases where one retribution against violators or persuade any [p]layer, and fine upon any such party develops a status quo of to merely determine if [c]oach, [t]rainer, [g]eneral [p]layer.” breaking the rules of their set- changes need to be made to [m]anager or any other per- The constitutional anti-tam- tlement agreement or judg- the rules. son who is under contract to pering rules do not apply to ment due to a lack of If the NBA is genuinely any other [m]ember of the player’s agents or anyone not enforcement by the other seeking compliance with free [a]ssociation to enter into employed by the NBA. They party, who typically complies. agency rules, they should be negotiations for or relating to also do not mention the mora- The “rule follower” is nega- rewritten in the next labor his services or negotiates or torium period and would not tively affected whereas the agreement or supplemented contracts for such services apply to a player with an “rule breaker” is advantaged to provide stronger, more shall, on being charged with expired contract who makes a and continues violating the detailed language, definite such tampering, be given an deal within the moratorium agreement until and unless and enforceable conse- opportunity to answer such period. there are significant conse- quences and procedure for charges after due notice and Other clauses of Articles 35 quences. Things are panning addressing suspected viola- the [c]ommissioner shall have and 35A of the constitution out similarly in the NBA tions, similar to the language the power to decide whether also give the commissioner regarding violations of free of Article 35(e) of the NBA or not the charges have been broad authority to impose agency rules. constitution. sustained; in the event his penalties for a wide range of After a recent NBA gover- It’s possible that the NBA is decision is that the charges misconduct. But, the commis- nors’ meeting following the hesitant to redraft and strictly have been sustained, then the sioner’s authority has only moratorium period, the NBA enforce certain free agency [c]ommissioner shall have the been used sporadically regard- reportedly launched an inves- rules due to the time, energy power to suspend such ing historical violations of tigation into the timing of and resources that would need [p]layer for a definite or indef- labor agreement’s free agency early reports of free agency to be dedicated to the cause. inite period, or to impose a rules. deals. It is unknown if that Perhaps, the cost doesn’t out- fine not exceeding $50,000, or I have seen many nonsports investigation is for seeking weigh the benefit. Copyright © 2019 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.