taikibansei wrote:Grumpy Heat Fan wrote:
Is there specific wording in player contracts that say he can't have his phone in his pocket? or that he needs to partake in every high-five team gathering during practice?
You can't void guaranteed contracts on things like that. Simmons is at practice, and he's practicing. He's practicing at a subpar player performance level than you are used to. But you can't negate a guaranteed contract for an underperforming player. And trying to void his money by saying he's not engaged enough to your liking, is hilarious. That would set an ugly precedent for all teams in the NBA to start looking at their overpaid players and start making up silly reasons to not pay them too.
Contractually, Simmons has to be at practice. So he's there.
How well he performs, or how truly engaged he is, is your problem. You can't void guaranteed contracts willy nilly.
[SNIP]
If Simmons' contract does not have anything against wearing sweatpants to a practice, then you can't use that to avoid paying someone's guaranteed salary.
We're going to the letter of the law here.
People don't realize just how much power players gave up in this current CBA. In exchange for a small bump in salary/revenue sharing, the teams have received broad powers, including enhanced drug testing, and the ability to penalize players severely for what they wear and how they act on (and sometimes off) the court...and even in practice.
Article 6 PLAYER CONDUCT
6.1 General.
In addition to any other rights a Team or the NBA may have by contract (including but not limited to the rights set forth in paragraphs 9 and 16 of the Uniform Player Contract) or by law, when a player fails or refuses, without proper and reasonable cause or excuse, to render the services required by a Player Contract or this Agreement, or when a player is, for proper cause, suspended by his Team or the NBA in accordance with the terms of such Contract or this Agreement, the Current Base Compensation payable to the player for the year of the Contract during which such refusal or failure and/or suspension occurs may be reduced (or, in the case of a suspension, shall be reduced) by (a) 1/145th of the player’s Base Compensation for each missed Exhibition, Regular Season or Playoff game for any suspension of less than twenty (20) games and (b) 1/110th of the player’s Base Compensation for each missed Exhibition, Regular Season or Playoff game for any suspension of twenty (20) games or more (including any indefinite suspension that persists for twenty (20) games or more or consecutive suspensions for continuing acts or conduct that persist for twenty (20) games or more).
That's a pretty darn broad mandate.
6.12 On-Court Conduct.
The parties have agreed to all of the rules governing the conduct of players on the playing court (as that term is defined in Article XXXI, Section 9(c) below) that are contained in the 2016-17 Player Conduct, NBA Uniform Requirements, Dress Code and Other Player-Related Matters Memo distributed by the NBA and dated September 30, 2016. Beginning with the 2017-18 Season, the NBA and the Players Association will bargain over any new rules governing the conduct of players on the playing court (including disciplinary penalties associated therewith) or any change to the agreed-upon rules governing the conduct of players on the playing court (including disciplinary penalties associated therewith); provided, however, that this obligation to bargain does not apply to the official playing rules of the NBA (or any change or modification thereof) or any rule affecting the integrity of the game or game play (or any change or modification thereof), except with respect to any change or modification to the disciplinary penalties associated with a player’s violation of such rules.
Nothing in Section 12(a) above shall be construed to modify or alter (i) the NBA’s existing disciplinary authority in this Agreement or Article 35 of the NBA Constitution governing the conduct of players on the playing court (as that term is defined in Article XXXI, Section 9(c) below), including, but not limited to, the NBA’s ability to provide notice to players that it regards a type of on-court conduct to be violative of its disciplinary standards, (ii) the NBA’s existing disciplinary authority in this Agreement and/or Article 35 of the NBA Constitution governing off-court conduct, or (iii) Article XXXVII, Section 2 of this Agreement governing player uniforms.
So, basically, the NBA appears to be saying that the new CBA gives them greater authority over players...and even if it seems at first reading that their authority has been reduced, that this interpretation is wrong.
Regarding practice and Ben, a sampling:
ARTICLE XXVI
TEAM RULES
Section 1. Establishment of Team Rules.
Each Team may maintain or establish rules with which its players shall
comply at all times, whether on or off the playing floor; provided,
however, that such rules are in writing, are reasonable, and do not violate
the provisions of this Agreement or the Uniform Player Contract.
I am willing to bet money here now that a court will readily find that a prohibition on carrying a cell phone while practicing to be reasonable.
ARTICLE XXXVII
Section 2. Uniform.
(a) During any NBA game or practice, including warm-up periods and
going to and from the locker room to the playing floor, a player shall wear
only the Uniform as supplied by his Team. For purposes of the preceding
sentence only, “Uniform” means all clothing and other items (such as
kneepads, wristbands and headbands, but not including Sneakers) worn by
a player during an NBA game or practice. “Sneakers” means athletic shoes
of the type worn by players while playing an NBA game.
I am willing to bet money here now that a court will readily find that a cell phone is not included in uniform...or sneakers.
Etc., etc. The two documents are well over 500 pages total. Feel free to read them yourselves.
