Article 42 NBA DEVELOPMENT LEAGUE

42.1 NBADL Work Assignments.

  1. An NBA Team may at any time assign a player on its Active List or Inactive List to a NBA Development League (“NBADL”) team, provided that the player has either zero (0) or one (1) Years of Service at the time of the assignment. Upon such assignment (“NBADL Work Assignment”), the player will be placed on the NBA Team’s Inactive List, and shall (i) report to the NBADL team (and render for the NBADL team such services as the player is required to render for the NBA Team under his Uniform Player Contract and this Agreement), and (ii), at the direction of the NBA Team, subsequently return and report to, and resume the performance of services for, the NBA Team. An NBADL Work Assignment commences when the player reports in-person to the NBADL team, and ends either when the player, upon being recalled, reports back to his NBA Team or when the NBADL season concludes.
  2. No player shall be given more than three (3) NBADL Work Assignments during any NBA Season.
  3. No NBA Team shall issue an NBADL Work Assignment for the purpose of disciplining a player for misconduct or for retaliating against a player for exercising any right that he has under this Agreement or the Uniform Player Contract.
  4. The NBA may establish reasonable rules regarding the assignment and recall of players to the NBADL provided that such rules do not violate the provisions of this Article XLII.

42.2 Reporting Requirements for NBADL Work Assignments.

  1. In order to initiate an NBADL Work Assignment or terminate such assignment and recall the player, the NBA Team shall provide the player, the NBA, and the Players Association with written notice. The player shall report to the NBADL team or NBA Team, whichever is applicable, within forty-eight (48) hours after such notice is received by the player.
  2. If the player, without a reasonable excuse, does not report to the NBADL team or NBA Team, whichever is applicable, within the time provided in Section 2(a) above, the player may be fined and/or suspended without pay by the NBA Team until such time as he reports. In addition, such failure to report, without a reasonable excuse, shall constitute conduct prejudicial to the NBA under Article 35(e) of the NBA Constitution.

42.3 Travel and Relocation Expenses.

A player’s NBA Team shall be obligated to reimburse the player for his ordinary and reasonable expenses incurred in (a) traveling to and, when recalled, from the NBADL team to begin and/or end any NBADL Work Assignment, and (b) relocating to and, if recalled, from the NBADL team’s home location to begin and/or end any NBADL Work Assignment that extends beyond a period of thirty (30) days. During any NBADL Work Assignment, the player will be provided with housing or a housing subsidy in accordance with the NBADL housing policy.

42.4 Terms of NBADL Work Assignment.

  1. General Terms.

    During or in connection with any NBADL Work Assignment, and except as expressly set forth in, or limited or modified by, this Article, a player shall (i) accept and be subject to the work requirements and conditions applicable to NBADL players (as such requirements and conditions may change from time to time), and (ii) continue to be subject to the terms and obligations and entitled to the benefits and rights (including, without limitation, Years of Service and free agency rights) of his Uniform Player Contract and this Agreement.

  2. Compensation and Benefits.

    1. During or in connection with any NBADL Work Assignment, the player (A) shall continue to receive the Compensation called for by his Uniform Player Contract, and (B) shall not receive (or accept) any compensation of any kind from the NBADL or any NBADL team other than as expressly set forth in this Article. The player’s performance in the NBADL shall not be considered for purposes of any Incentive Compensation contained in his Uniform Player Contract.
    2. Any Compensation protection or insurance provided to a player in his Uniform Player Contract shall remain in effect during an NBADL Work Assignment. For purposes of Article II, Section 4, an injury sustained while participating in a basketball practice or game for an NBADL team shall be deemed an injury sustained while participating in a basketball practice or game for the NBA Team.
    3. During or in connection with any NBADL Work Assignment, a player (A) shall continue to be eligible to receive the benefits set forth in Article IV of this Agreement to the extent that such player would have been eligible to receive such benefits under this Agreement absent the NBADL Work Assignment, and (B) shall not be eligible to receive (and shall not accept) any benefits from the NBADL or any NBADL team, unless expressly set forth in this Article.
    4. To the extent necessary, any plans and/or policies described in Article IV of this Agreement shall be amended to implement the provisions of Section 4(b)(iii) of this Article.

  3. Meal Expense. While on the road with his NBADL team during an NBADL Work Assignment, the player (i) shall receive the meal expense allowance applicable to NBA players, in accordance with the terms of Article III, Section 2 of this Agreement, and (ii) shall not receive (or accept) any meal expense or per diem from the NBADL or any NBADL team.

  4. Travel Accommodations. During an NBADL Work Assignment, the player shall be provided with the same travel accommodations (including, but not limited to, transportation and hotel arrangements for “road” games) that are provided to NBADL players pursuant to applicable NBADL policies, except that: (i) the player shall not be required to share a hotel room; and (ii) the player shall be permitted to fly first class when traveling by air with his NBADL team to road games to the extent first class seats are available on his NBADL team’s flight.

  5. Conduct and Discipline.

    1. During any NBADL Work Assignment, the player will: (A) observe and comply with all rules and policies of the NBADL or his NBADL team at all times, whether on or off the playing floor; (B) give his best services, as well as his loyalty, to the NBADL team; (C) be neatly and fully attired in public; (D) conduct himself on and off the court according to the highest standards of honesty, citizenship, and sportsmanship; and (E) not do anything that, in theopinion of the Commissioner of the NBA, is materially detrimental or materially prejudicial to the best interests of the NBA Team, the NBA, the NBADL or the NBADL team.
    2. During or in connection with any NBADL Work Assignment, the NBADL, the player’s NBADL team, the NBA and the player’s NBA Team may impose a fine and/or suspension on the player for the violation of NBADL or NBADL team rules or policies or for any conduct impairing the faithful and thorough discharge of the duties incumbent upon the player. Any disciplinary action taken by the NBA or an NBA Team in response to any act or conduct of a player during an NBADL Work Assignment will supersede disciplinary action taken by the NBADL or any NBADL team in response to such act or conduct. The amount of any such fine and/or suspension that may be imposed by the NBA or an NBA Team shall be governed by the terms of this Agreement and the Uniform Player Contract and shall not be limited by any NBADL rules, policies, practices, procedures, or fine schedules.
    3. A fine or suspension imposed by the NBADL or NBADL team in connection with a player’s NBADL Work Assignment may be heard and resolved by the Grievance Arbitrator pursuant to Article XXXI of this Agreement only if it results in a financial impact to the player of more than $5,000.
    4. For purposes of paragraph 16(a)(ii) of a player’s Uniform Player Contract, during or in connection with any NBADL Work Assignment, (A) the terms “any official or employee of the Team or the NBA (other than another player)” will be construed to include, without limitation, any official or employee of the NBADL or the player’s NBADL team (other than another player), and (B) the terms “any NBA game or event” will be construed to include, without limitation, any NBADL game or event.

  6. Medical Treatment and Physical Condition.

    1. The NBADL and/or NBADL team may make public medical information about a player on an NBADL Work Assignment, provided that such information relates solely to the reasons why any such player has not been or is not performing services with the NBADL team. With respect to the foregoing, a player or his immediate family (where appropriate) shall have the right to approve the terms and timing of any public release of medical information relating to any injuries or illnesses suffered by the player that are potentially life- or career threatening, or that do not arise from the player’s participation in NBADL games or practices.
    2. For purposes of paragraphs 7, 16(a)(iii), 16(b), and 16(c) of the player’s Uniform Player Contract, the terms “basketball practice or game played for the Team” or “playing for the Team” will be construed to include, without limitation, any practice or game played in the NBADL during an NBADL Work Assignment.

  7. Prohibited Substances.

    During any NBADL Work Assignment, the player (i) shall be subject to Article XXXIII (Anti-Drug Program) of this Agreement and paragraph 8 of the Uniform Player Contract, and (ii) shall not be subject to any anti-drug program maintained by the NBADL.

  8. Player Attributes and Performances.

    Notwithstanding anything to the contrary in this Agreement, the Uniform Player Contract, or the Group License Agreement, with respect to any player who serves or has served on an NBADL Work Assignment: (i) the NBA and its related entities (including, without limitation, NBA Teams), and the NBADL and its related entities (including, without limitation, NBADL teams),shall have the right to use, and to license others to use, such player’s Player Attributes (as defined in the Group License Agreement) in connection with: (A) any advertising, marketing, or collateral materials or marketing programs conducted by the NBADL or any NBADL team that is intended to promote (1) any game in which an NBADL team participates or any NBADL game telecast or broadcast (including NBADL pre-season, exhibition, regular season, or playoff games), (2) the NBADL, its teams or its players, or (3) the sport of basketball; and (B) the manufacturing, distribution, sale, advertising (in any media whatsoever), marketing, or promotion of any product or service, subject to the applicable terms of the Group License Agreement. (ii) the NBA and its related entities (including, without limitation, NBA Teams), and the NBADL and its related entities (including, without limitation, NBADL teams), shall have the right to use, and to license others to use, any performance of such player in connection with any form of broadcast or telecast, including over-the-air television, cable television, pay television, direct broadcast satellite television, and any form of cassette, cartridge, disk system, or other means of distribution known or unknown.

  9. Promotional Activities.

    In connection with a player’s NBADL Work Assignment, the rights accorded to the NBA and his NBA Team under paragraph 13(a) of the Uniform Player Contract shall extend, without t limitation, to the NBADL and his NBADL team, and any promotional appearances such player is required to make while on his NBADL Work Assignment shall count against the appearances the player is obligated to provide to the NBA and his NBA Team under Article II, Section 8; provided, however, that such player will be required to provide two (2) additional promotional appearances while on assignment each Season to the NBADL or his NBADL team.

42.5 Miscellaneous.

  1. With respect to the duties and obligations of players under paragraph 5 of the Uniform Player Contract (relating to Article 35 of the NBA Constitution) during or in connection with any NBADL Work Assignment:
    1. the terms “game” or “games” in Article 35(b) and (c) of the Constitution will be construed to include, without limitation, any game played by an NBADL team;
    2. the term “basketball” or “game of basketball” in Article 35(c) and (d) of the Constitution will be construed to include, without limitation, the NBADL or any of its teams;
    3. the prohibition concerning wagering in Article 35(f) of the Constitution will extend, without limitation, to any game played by an NBADL team; and
    4. the Commissioner’s authority to act pursuant to paragraph 5(e) of the Uniform Player Contract will extend, without limitation, to any game played by an NBADL team.
  2. A player shall not directly or indirectly own or hold any interest in the NBADL or any NBADL team unless authorized by the NBA.(c) At the conclusion of each Season covered by this Agreement, the NBA and the Players Association shall meet to discuss issues concerning the operation of this Article.