Do "lost Bird rights" get restored later?

[FGump]

There are some situations where a player "loses" their Bird rights without changing a team in free agency. I'm wondering if they can later get those rights somewhat restored again, in the right scenario.

Two similar examples ....

Case #1

Let's call it The Devean George case, a well-known situation where he was on a one-year ending with Bird rights, and if he had okayed the trade to NJ he would have lost Bird rights that summer.

But let's create a similar scenario for Hoopy Dunksalot this season, but say unlike George he agrees to the trade from Dallas to NJ. We all know that in the summer of 2010 he won't have any Bird rights and will be a Non-qualifying Veteran Free Agent for NJ. But then what? Say he inks another one year deal with NJ at that point. Then in the summer of 2011, what will be his Bird situation?

a. His Bird clock restarted in the summer of 2010, so he is a non-Bird free agent again.
b. His Bird clock restarted with the trade, so he has 1 1/2 years, and now is an Early Bird free agent.
c. The Bird rules say that when you are a free agent, you see if the player has changed teams by waiver or free agency. He has not. And he wasn't traded again during that last one year contract, so his Bird clock goes all the way back to his last team change via waiver or free agency, making him a full Bird free agent.

Definition for Bird rights, which is probably relevant: “Qualifying Veteran Free Agent” means a Veteran Free Agent who, prior to becoming a Veteran Free Agent, played under one or more Player Contracts covering some or all of each of the three preceding Seasons and either played exclusively with his Prior Team during such three Seasons, or, if he played with more than one Team during such period, changed Teams only (i) by means of trade, or (ii) by signing with his Prior Team during the first of the three Seasons.

Case #2, which may or may not have the same answer

Similar type of situation, but this one would pertain to a 1st rounder who is entering his 2nd year. His team has until Oct 31, 2009 to exercise the yr 3 option, but they chose not to, which makes him a UFA in the summer 2010 without Bird rights.

But, say he and his team then decide to go ahead and sign him to a one-year deal in the summer of 2010. Then in the summer of 2011, when that deal expires, what is his status?

a. His Bird clock restarted in the summer of 2010, so he is a non-Bird free agent again.
b. His Bird clock restarted when his option was declined on 10/31/09, so he has 2 years of service, and is now an Early Bird free agent.
c. The Bird rules say that when you are a free agent, you see if the player has changed teams by waiver or free agency. He has not, in fact he has played continuously for 3 years with the same team. So in the summer of 2011 his Bird clock includes all 3 years and he is a full Bird free agent.

Whaddya think? And if you can reference the section of the CBA you think covers this, it would be appreciated. Thanks.

[answerthink]

Case #1

I’m not quite sure I understand your question, but the pertinent section of the CBA which may help you to answer your question may be Art VII Sec 8(b). I believe the second sentence may give you what you need:

A player with a one-year Contract (excluding any Option Year) who would be a Qualifying Veteran Free Agent or an Early Qualifying Veteran Free Agent upon completing the playing services called for under his Contract cannot be traded without the player’s consent. Should the player consent and be traded, then, for purposes of determining whether the player is a Qualifying Veteran Free Agent, Early Qualifying Veteran Free Agent or Non-Qualifying Veteran Free Agent at the conclusion of the Contract or any subsequent Contract between the player and the assignee Team, the player shall be considered as having changed Teams by means of signing a Contract with the assignee Team as a Free Agent (and not by means of trade).


Case #2

This case is not specifically called out in the CBA to the best of my knowledge. As my interpretations are certainly no more valid than yours, below are a couple of excerpts which may help.

Art XI, Sec 4(a)(i):
If a Team does not timely exercise its Option with respect to the first Option Year or second Option Year of a player’s Rookie Scale Contract in accordance with Article VIII, the player shall, following his second or third Season (as the case may be) become an Unrestricted Free Agent.

This section does not specifically call out any loss of Bird rights.


Art VII Sec 6(b)(3):
Notwithstanding the preceding sentence, if the player is an Early Qualifying Veteran Free Agent whose last Contract was his Rookie Scale Contract and whose Prior Team did not exercise its Option to extend such Contract for a third Season, the new Player Contract may provide for Regular Salary, Likely Bonuses and Unlikely Bonuses in the first Salary Cap Year of up to the Regular Salary, Likely Bonuses and Unlikely Bonuses, respectively, that the player would have received for such Salary Cap Year had his Prior Team exercised such Option. Annual increases and decreases in Salary and Unlikely Bonuses shall be governed by Section 5(c)(2) above.

[bgwizarfan]

I actually asked this question like a year ago and it never got answered haha.... for the first question, I don't see how it could be the 3rd scenario.... he's either a non-bird or an early-bird free agent. I think he would be an early bird.... and the reason is that he loses his bird rights at the time of the trade (i.e. at the time of the trade he's treated like signing with a new team). So at the end of that 1st year, he's a non-bird. If he signs a 1 year deal after, he'd early bird. However, this seems like a situation that would have to happen in real life to confirm.

As for the 2nd one, I think he'd be a Larry Bird Free Agent. We know that the player is still considered an Early Bird Free Agent... they can use the Early Bird Exception to re-sign him - They just can't exceed the amount he was supposed to make in year 3 (and remember if this player in renounced, the team could still use the non-bird exception to re-sign him). However, I think the question is whether or not there would be a limit on the next year if he only signed a 1 year contract. Plus, wouldn't this player then be a RESTRICTED f/a the next year? After his option isn't picked up (i.e. alexander next year), he's unrestricted. But if the Bucks re-signed him to a 1 year deal, wouldn't he then be restricted the next year? (and I think with full bird rights...)..

[answerthink]

If it’s helpful, adding my personal judgment to what I felt was the relevant language from the CBA which I provided above leads me to the following conclusions (which appear to match those of bgwizarfan):

Case #1

If Dunksalot were traded to NJ during the 2009/10 season, his Bird clock would be completely reset at the point of the trade (as if he were signed as a free agent). At the conclusion of the contract, he will have completed one season toward his Bird clock. If he then signs a one year contract with NJ covering the 2010/11 season, upon conclusion of that contract he will have completed two seasons toward his Bird clock (i.e. Early Qualifying Veteran Free Agent).

Case #2

I don’t see anything in the CBA that would lead me to believe the player would lose his Bird rights despite becoming an unrestricted free agent if his 3rd year option is not exercised. If he then signs a 1-year contract with his previous team and completes the contract without being waived, I imagine his Bird rights would remain intact (i.e. Qualifying Veteran Free Agent).

These are only my interpretations of the language, which may or may not be correct…