NBA Collective Bargaining Agreement - 2005
Preface
1
DEFINITIONS
1.1
Definitions.
2
UNIFORM PLAYER CONTRACT
2.1
Required Form.
2.2
Limitation on Amendments.
2.3
Allowable Amendments.
2.4
Compensation Protection or Insurance.
2.5
Conformity.
2.6
Minimum Player Salary.
2.7
Maximum Annual Salary.
2.8
Promotional Activities.
2.9
10-Day Contracts.
2.10
Rest-of-Season Contracts.
2.11
Bonuses.
2.12
General.
2.13
Void Contracts.
2.14
Moratorium Period.
3
PLAYER EXPENSES
3.1
Moving Expenses.
3.2
Meal Expense Allowance.
4
BENEFITS
4.1
Player Pension Benefits.
4.2
Player 401(k) Benefits.
4.3
Player Supplemental Medical Benefits.
4.4
Labor-Management Cooperation and Education Trust.
4.5
Additional Player Benefits.
4.6
Insurance Carriers.
4.7
New Benefits Funding.
4.8
Projected Benefits.
5
COMPENSATION AND EXPENSES IN CONNECTION WITH MILITARY DUTY
5.1
Salary.
5.2
Travel Expenses.
6
PLAYER CONDUCT
6.1
General.
6.2
Practices.
6.3
Promotional Appearances.
6.4
Mandatory Programs.
6.5
Media Training and Business of Basketball.
6.6
Charitable Contributions.
6.7
Unlawful Violence.
6.8
Counseling for Violent Misconduct.
6.9
Firearms.
6.10
One Penalty.
6.11
League Investigations.
6.12
On-Court Conduct.
6.13
Motor Vehicles.
7
BASKETBALL RELATED INCOME, SALARY CAP, MINIMUM TEAM SALARY, AND ESCROW ARRANGEMENT
7.1
Definitions.
7.2
Calculation of Salary Cap and Minimum Team Salary.
7.3
Determination of Salary.
7.4
Determination of Team Salary.
7.5
Operation of Salary Cap.
7.6
Exceptions to the Salary Cap.
7.7
Extensions, Renegotiations and Other Amendments.
7.8
Trade Rules.
7.9
Miscellaneous.
7.10
Accounting Procedures.
7.11
Players Association Audit Rights.
7.12
Escrow and Tax Arrangement.
8
ROOKIE SCALE
8.1
Rookie Scale Contracts for First Round Picks.
8.2
Rookie Contracts for Later-Signed First Round Picks.
8.3
Loss of Draft Rights.
8.4
Players Drafted Prior To 2005.
9
LENGTH OF PLAYER CONTRACTS
9.1
Maximum Term.
9.2
Computation of Time.
10
PLAYER ELIGIBILITY AND NBA DRAFT
10.1
Player Eligibility.
10.2
Term and Timing of Draft Provisions.
10.3
Number of Choices.
10.4
Negotiating Rights to Draft Rookies.
10.5
Effect of Contracts with Other Professional Teams.
10.6
Application to “Early Entry” Players.
10.7
Assignment of Draft Rights.
10.8
General.
11
FREE AGENCY
11.1
General Rules.
11.2
No Individually-Negotiated Right of First Refusal.
11.3
Withholding Services.
11.4
Qualifying Offers to Make Certain Players Restricted Free Agents.
11.5
Restricted Free Agency.
12
OPTION CLAUSES
12.1
Team Options.
12.2
Player Options.
12.3
No Conditional Options
12.4
Exercise Period.
12.5
Option Buy-Outs.
12.6
Inapplicability to Prior Player Contracts.
12.7
Option Exercise Notices.
13
CIRCUMVENTION
13.1
General Prohibitions.
13.2
No Unauthorized Agreements.
13.3
Penalties.
13.4
Production of Tax Materials.
13.5
Transactions With Retired Players.
14
ANTI-COLLUSION PROVISIONS
14.1
No Collusion.
14.2
Non-Collusive Conduct.
14.3
Individual Negotiations.
14.4
League Disclosures.
14.5
Enforcement of Anti-Collusion Provisions.
14.6
Satisfaction of Burden of Proof.
14.7
Summary Judgment.
14.8
Remedies For Economic Injury.
14.9
Calculation of Damages.
14.10
Payment of Damages.
14.11
Effect of Damages on Salary Cap.
14.12
Contribution.
14.13
No Reimbursement.
14.14
Costs.
14.15
Termination of Agreement.
14.16
Discovery.
14.17
Time Limits.
15
CERTIFICATIONS
15.1
Contract Certification.
15.2
End of Season Certification.
15.3
False Certification.
16
MUTUAL RESERVATION OF RIGHTS
17
PROCEDURE WITH RESPECT TO PLAYING CONDITIONS AT VARIOUS FACILITIES
18
TRAVEL ACCOMMODATIONS, LOCKER ROOM FACILITIES AND PARKING
18.1
Hotel Arrangements.
18.2
First Class Travel.
18.3
Locker Room Facilities.
18.4
Parking Facilities.
19
UNION SECURITY, DUES AND CHECK-OFF
19.1
Membership.
19.2
Check-off.
19.3
Enforcement.
19.4
No Liability.
20
SCHEDULING
20.1
Training Camp.
20.2
Exhibition Games.
20.3
Regular Season Games.
20.4
Location of Games.
20.5
Holidays.
20.6
All-Star.
20.7
Travel.
21
NBA ALL-STAR GAME
21.1
Participation
21.2
Awards.
21.3
Player Guests.
21.4
Players Not Participating in All-Star Activities.
21.5
All-Star Skills Competitions.
22
MEDICAL TREATMENT OF PLAYERS AND RELEASE OF MEDICAL INFORMATION
22.1
One Surgeon.
22.2
Committee of Team Physicians.
22.3
Disclosure of Medical or Health Information.
22.4
Draftees.
22.5
Selection of Team Physician and Other Health Care Providers.
23
EXHIBITION GAMES AND OFF-SEASON GAMES AND EVENTS
23.1
Exhibition Games.
23.2
Inter-squad Scrimmage.
23.3
Off-Season Basketball Events.
23.4
Summer Leagues.
24
PROHIBITION OF NO-TRADE CONTRACTS
24.1
General Limitation.
24.2
Exceptions to General Limitation.
25
LIMITATION ON DEFERRED COMPENSATION
25.1
General Limitation.
25.2
Attribution.
25.3
Rabbi Trusts.
26
TEAM RULES
27
RIGHT OF SET-OFF
27.1
Set-off Calculation.
27.2
Successive Terminations.
27.3
Deferred Compensation.
27.4
Waiver of Set-off Right.
28
BROADCAST OR TELECAST RIGHTS
28.1
League Rights.
28.2
No Suit.
28.3
Reservation of Rights.
29
MISCELLANEOUS
29.1
Active Roster Size.
29.2
Inactive Roster Size.
29.3
Minimum League-Wide Roster.
29.4
Playing Rules and Officiating.
29.5
Playoffs.
29.6
Game Tickets.
29.7
Release for Fighting.
29.8
Limitation on Player Ownership.
29.9
Nondisclosure.
29.10
Implementation of Agreement.
29.11
Additional Canadian Provisions.
30
NO-STRIKE AND NO-LOCKOUT PROVISIONS AND OTHER UNDERTAKINGS
30.1
No Strike.
30.2
No Lockout.
30.3
No Breach of Player Contracts.
30.4
Best Efforts of Players Association.
31
GRIEVANCE AND ARBITRATION PROCEDURE AND SPECIAL PROCEDURES WITH RESPECT TO DISPUTES INVOLVING PLAYER DISCIPLINE
31.1
Scope.
31.2
Initiation.
31.3
Hearings.
31.4
Procedure.
31.5
Arbitrator’s Decision and Award.
31.6
Appointment and Replacement of Grievance Arbitrator.
31.7
Injury Grievances.
31.8
Special Procedures with Respect to Player Discipline.
31.9
Procedure with Respect to Fine and Suspension Amounts.
31.10
Disputes with Respect to the Terms of a Player Contract.
31.11
Disputes with Respect to Players Under Contract Who Withhold Playing Services.
31.12
Expedited Procedure.
31.13
Threshold Amount for Certain Grievances.
31.14
Miscellaneous.
32
SYSTEM ARBITRATION
32.1
Jurisdiction and Authority.
32.2
Initiation.
32.3
Hearings.
32.4
Costs Relating to System Arbitration.
32.5
Procedure for System Arbitration.
32.6
Selection of System Arbitrator.
32.7
Selection of Appeals Panel.
32.8
Procedure Relating to Appeals of Determination by the System Arbitrator.
32.9
Special Procedure for Disputes with Respect to Interim Audit Reports.
32.10
Special Procedure for Disputes with Respect to the Escrow Schedules.
33
ANTI-DRUG PROGRAM
33.1
Definitions.
33.2
Administration.
33.3
Confidentiality.
33.4
Testing.
33.5
Reasonable Cause Testing or Hearing.
33.6
Random Testing.
33.7
Drugs of Abuse Program.
33.8
Marijuana Program.
33.9
Steroids, Performance-Enhancing Drugs and Masking Agents Program.
33.10
Noncompliance with Treatment.
33.11
Dismissal and Disqualification.
33.12
Reinstatement.
33.13
Exclusivity of the Program.
33.14
Additional Bases for Testing.
33.15
Additional Prohibited Substances.
34
RECOGNITION CLAUSE
35
SAVINGS CLAUSE
36
PLAYER AGENTS
36.1
Approval of Player Contracts.
36.2
Fines.
36.3
Indemnity.
36.4
Agent Lists.
36.5
Confirmation by the Players Association.
37
GROUP LICENSING RIGHTS
37.1
Rights Granted.
37.2
Player Appearances.
37.3
Uniform.
38
INTEGRATION, ENTIRE AGREEMENT, INTERPRETATION, CHOICE OF LAW
38.1
Integration, Entire Agreement.
38.2
Interpretation.
38.3
Choice of Law.
39
TERM OF AGREEMENT
39.1
Expiration Date.
39.2
NBA Option to Extend.
39.3
Termination by Players Association/Anti-Collusion.
39.4
Termination by NBA/National TV Revenues.
39.5
Termination by NBA/Force Majeure.
39.6
Mutual Right of Termination.
39.7
No Obligation to Terminate; No Waiver.
40
EXPANSION
41
PLAYER-TEAM COOPERATION
41.1
Player-Team Growth and Development Committee.
42
NBA DEVELOPMENT LEAGUE
42.1
NBADL Work Assignments.
42.2
Reporting Requirements for NBADL Work Assignments.
42.3
Travel and Relocation Expenses.
42.4
Terms of NBADL Work Assignment.
42.5
Miscellaneous.
43
OTHER
43.1
Headings and Organization.
43.2
Time Periods.
43.3
Exhibits.
Appendix
A
NATIONAL BASKETBALL ASSOCIATION UNIFORM PLAYER CONTRACT
A.0.1
EXCERPT FROM NBA CONSTITUTION
A.0.2
EXCERPT FROM NBA BY-LAWS
A.0.3
AGENT CERTIFICATION
A.1
UNIFORM PLAYER CONTRACT
A.1.1
Exhibit 1 — Compensation
A.1.2
Exhibit 1A — Compensation: Minimum Player Salary
A.1.3
Exhibit 2 — Compensation Protection or Insurance
A.1.4
Exhibit 3 — Prior Injury Exclusion
A.1.5
Exhibit 4 — Trade Payments
A.1.6
Exhibit 5 — Other Activities
A.1.7
Exhibit 6 — Physical Exam
A.1.8
Exhibit 7 — Substitution for UPC Paragraph 7(b)
A.1.9
Exhibit 8 — Sign and Trade
B
ROOKIE SCALES
B.1
2005-06 NBA Rookie Scale ($000’s)
B.2
2006-07 NBA Rookie Scale ($000’s)
B.3
2007-08 NBA Rookie Scale ($000’s)
B.4
2008-09 NBA Rookie Scale ($000’s)
B.5
2009-10 NBA Rookie Scale ($000’s)
B.6
2010-11 NBA Rookie Scale ($000’s)
B.7
2011-12 NBA Rookie Scale ($000’s)
C
MINIMUM ANNUAL SALARY SCALE
D
BRI EXPENSE RATIOS
E
NOTICE TO VETERAN PLAYERS CONCERNING SUMMER LEAGUES
F
F
G
OFFER SHEET
H
FIRST REFUSAL EXERCISE NOTICE
I
I.1
AUTHORIZATION FOR TESTING
I.2
PROHIBITED SUBSTANCES
I.3
COLLECTION PROCEDURES
I.4
STEROIDS, PERFORMANCE-ENHANCING DRUGS AND MASKING AGENTS CONFIRMATORY LABORATORY ANALYSIS LEVELS
J
J.1
EXHIBIT J-2
J.2
EXHIBIT J-2
J.2.1
Minimum Procedures To Be Provided By The Accountants
Published with bookdown
NBA Collective Bargaining Agreement - 2005
F
F
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