Union files Appeal for Bird Rights for Lin and Novak

[theonlyeastcoastrapsfan]

@HowardBeckNYT: Exclusive: NBPA files appeal seeking early-Bird rights for Jeremy Lin and Steve Novak. Huge for Knicks if union wins. http://t.co/2XyHAbhE

http://www.nytimes.com/2012/05/15/sports/basketball/union-seeks-clarity-on-bird-rights-knicks-could-benefit.html?_r=1&smid=tw-share

The N.B.A. players union is asking an arbitrator to clarify certain free-agent rights in a case that could immeasurably benefit the Knicks this summer, according to several people involved in the process. The case concerns what are known as Bird rights, which allow a player to re-sign with his team without regard to the salary cap. The league contends those rights are lost when a player changes teams through waivers. The union is challenging that interpretation.

If the union prevails, the Knicks would be able to re-sign both Jeremy Lin and Steve Novak, their top free agents, despite cap constraints. They would also retain a $5 million salary slot — known as the midlevel exception — for use on another player, possibly J. R. Smith, who can opt out of his deal.

But if the union’s challenge fails, the Knicks will probably lose Novak and possibly Smith when free agency opens in July. And they will have little ability to sign a significant free agent like point guard Steve Nash once they re-sign Lin.

The union, which filed a letter Monday seeking arbitration, hopes to have the matter settled by the time free agency opens July 1. The union and the league must first select an arbitrator.

The case could also affect J. J. Hickson of the Portland Trail Blazers and Chauncey Billups of the Los Angeles Clippers.

At issue is whether a player retains his Bird rights when he changes teams through a waiver claim, as Lin, Novak, Hickson and Billups did this season.

The union contends that a player claimed on waivers should retain all contractual benefits, as he does when he is traded. The league disagrees, citing a specific clause in the labor agreement that indicates Bird rights are lost when a player is waived, even if another team claims him.

“We are confident that our interpretation of the agreement is correct,” said Mike Bass, an N.B.A. spokesman.

The union declined to comment.

Will there be "divine intervention" to save the Knicks? Also, what of all the times this has come up in the past?

Will be interesting to see how this plays out. I'd guess the Union's leading the charge becasue it limits the amount of money that a team can pay their members. For the teams, like for instance the Raptors, who may wish to compete with Knicks for the services of Nash, or Lin it would no doubt be a blow if the rules were to be "reinterpreted" to help the Knicks, in this situation.

[bboyskinnylegs]

Is the Knicks' plan to re-sign Lin and convince Nash to play for them for the MLE?

[theonlyeastcoastrapsfan]

Is the Knicks' plan to re-sign Lin and convince Nash to play for them for the MLE?

I recall that Woodson has said on the record that they absolutely expect Lin to be back, and he's said they will look for a veteran Point guard. When asked if Lin will start next year, he said it was too early to say. So I would venture to guess, that would love it if they could do that. But, for them even to be able to sign Lin using early Bird Rights, and keep their MLE, would be huge. Right now, they're in a position where they look like they will have to chose whether to keep Lin or Novak, and Smith may opt out. Which means, they'd be hard pressed to add talent to the roster that was trounced in 5 games and has three big tickets on it, who are not young players. If the NBA ruling is upheld, hard to see how Knicks improve, other than draft picks and to keep hiring new coaches.

[Durant Durant]

I think the appeal is one-sided at this pt in time. They may approve it but not retroactively.

[SHFT]

No way I'd do DD, Davis and a pick swag for Iguodala.

[theonlyeastcoastrapsfan]

No way I'd do DD, Davis and a pick swag for Iguodala.

Interesting.....I like it, I just don't know what it has to do with this thread. Other than that, solid idea. But I'd try to hold onto DeRozan, otherwise it's one step forward, and 3/4's step back.

[Mr. Perfect]

If the Knicks keep all their players and go out and sign more, they go hella deep into the luxury tax = more money for all the other owners. Therefore, both the players union and owners get their money = win-win situation for both parties. Being that it's New York also helps matters.. I can see this being approved.

[Los Manos]

If the Knicks keep all their players and go out and sign more, they go hella deep into the luxury tax = more money for all the other owners. Therefore, both the players union and owners get their money = win-win situation for both parties. Being that it's New York also helps matters.. I can see this being approved.

I can't see the NBA setting a precedent for potentially every CBA rule to receive future appeals from the Players Union. If they approve this appeal then the floodgates open for the CBA rules to be challenged. We're less than 6 months since a new CBA was constructed causing the NBA, its teams and the players a ton of lost revenue. Any small financial gain received by every party from luxury tax distribution as you state is meaningless compared to what has already been lost.

If the NBA approves this appeal then they cause themselves a major future headache, so I don't think the Players Union has a chance in hell.

[theonlyeastcoastrapsfan]

If the Knicks keep all their players and go out and sign more, they go hella deep into the luxury tax = more money for all the other owners. Therefore, both the players union and owners get their money = win-win situation for both parties. Being that it's New York also helps matters.. I can see this being approved.

I can't see the NBA setting a precedent for potentially every CBA rule to receive future appeals from the Players Union. If they approve this appeal then the floodgates open for the CBA rules to be challenged. We're less than 6 months since a new CBA was constructed causing the NBA, its teams and the players a ton of lost revenue. Any small financial gain received by every party from luxury tax distribution as you state is meaningless compared to what has already been lost.

If the NBA approves this appeal then they cause themselves a major future headache, so I don't think the Players Union has a chance in hell.

I don't believe the NBA has the ruling. Remember the CBA is an agreement between the NBA, and the NBPA, so the NBA or NBPA can't rule on the disputes. The NBPA would be appealing the ruling of the NBA, and the NBA would have to explain it's reasoning, but the matter will be decided, I expect, by some 3rd party board or judge with who is independent and experienced in labour law. I would expect that the process for these appeals in contained in the CBA. In the article, it says the union is asking "an arbitrator" to rule. I suppose how strongly opposed the League is to the appeal, would be reflected in what efforts they would go to back up their decision, and whether or not they would appeal the ruling of the arbitrator, if such ruling can be appealed.

[bigscrims]

If the Knicks keep all their players and go out and sign more, they go hella deep into the luxury tax = more money for all the other owners. Therefore, both the players union and owners get their money = win-win situation for both parties. Being that it's New York also helps matters.. I can see this being approved.

Neither the players' union nor the owners determine the outcome though. Both will make their arguments, but the arbitrator is responsible for the ruling.

I don't see how an arbitrator rules according to the "spirit" of the law rather than the "word" of the law, however I know very little about the bargaining agreement. I do find it interesting though that this issue is affecting so many players at once....

[Tim Horton]

Knicks getting threatened? very influential team indeed. this Jeremy-Lin-Rule should be applied next offseason not now.

[Snakeyes]

Thank God, now we can finally put those Lin rumors to rest and focus on a proper rebuild.

[Los Manos]

If the Knicks keep all their players and go out and sign more, they go hella deep into the luxury tax = more money for all the other owners. Therefore, both the players union and owners get their money = win-win situation for both parties. Being that it's New York also helps matters.. I can see this being approved.

I can't see the NBA setting a precedent for potentially every CBA rule to receive future appeals from the Players Union. If they approve this appeal then the floodgates open for the CBA rules to be challenged. We're less than 6 months since a new CBA was constructed causing the NBA, its teams and the players a ton of lost revenue. Any small financial gain received by every party from luxury tax distribution as you state is meaningless compared to what has already been lost.

If the NBA approves this appeal then they cause themselves a major future headache, so I don't think the Players Union has a chance in hell.

I don't believe the NBA has the ruling. Remember the CBA is an agreement between the NBA, and the NBPA, so the NBA or NBPA can't rule on the disputes. The NBPA would be appealing the ruling of the NBA, and the NBA would have to explain it's reasoning, but the matter will be decided, I expect, by some 3rd party board or judge with who is independent and experienced in labour law. I would expect that the process for these appeals in contained in the CBA. In the article, it says the union is asking "an arbitrator" to rule. I suppose how strongly opposed the League is to the appeal, would be reflected in what efforts they would go to back up their decision, and whether or not they would appeal the ruling of the arbitrator, if such ruling can be appealed.

I somehow missed the part where they are seeking a mutually agreed arbitrator.

It certainly sounds like a very weak case being made by the Players Union though. The rule on bird rights in the CBA is quite clear and less than 6 months ago was open to negotiation but they signed and agreed to the wording. If the Players Union is pushing this forward based solely that they believe there is room for interpretation on a CBA rule that clearly states 'Traded players only retain their bird rights' and that they believe there is room in that statement for it to be interpreted that waived players should also apply then they are surely fighting a losing battle.

[Tim Horton]

Thank God, now we can finally put those Lin rumors to rest and focus on a proper rebuild.

what's the proper rebuild strategy btw?

[Scase]

I'm not too knowledgeable on signings and all the restrictions but, where exactly is the confusion. The rule states you lose bird rights when you are waived. Lin was waived, therefore he loses his bird rights.

Am I missing something?

[dacrusha]

No way the union wins this one... this rule was instituted based on a precedent where the Suns screwed the salary cap system by resigning waived players Danny Manning and Chris Dudley to bloated contracts.

[Chaos Engine]

If the CBA states that waived players lose their bird rights, and the players agreed to said CBA I don't see what case they possibly have here?

[King 30]

Both Lin and Novak were claimed by the Knicks before clearing waivers. Thus Knicks inherit the players current contracts. This is the grey area in dispute.

This also effect Billups and Hickson because they were claimed.

[Mr. Perfect]

Both Lin and Novak were claimed by the Knicks before clearing waivers. Thus Knicks inherit the players current contracts. This is the grey area in dispute.

This also effect Billups and Hickson.

Exactly. If they players had cleared waivers they would then sign a 'new' deal. However, when a team picks up a player off waivers before the player is cleared, that team obtains the player at his previous contract or at whichever amount was the highest bid if there's a bidding war.

In a sense, this is similar to a trade because the player does not have the option of which team he's allowed to go to before he clears.

I dunno guys, I think the union has a strong case on this one.

[Duke3D]

Thank God, now we can finally put those Lin rumors to rest and focus on a proper rebuild.

what's the proper rebuild strategy btw?

Tank until we land a Lebron type. Might take 10 or 20 years...