NBA Collective Bargaining Agreement - 2023
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.
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
Two-Way Contracts.
2.12
Bonuses.
2.13
General.
2.14
Void Contracts.
2.15
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 Health and Welfare Benefits.
4.4
The Post-Career Income Plan.
4.5
Labor-Management Cooperation and Education Trust.
4.6
Additional Player Benefits.
4.7
Canadian Residents.
4.8
Projected Benefits.
4.9
Benefit Exclusion Amount.
5
COMPENSATION AND EXPENSES IN CONNECTION WITH MILITARY DUTY
5.1
Salary.
5.2
Travel Expenses.
6
PLAYER CONDUCT
6.1
Games.
6.2
Practices.
6.3
Promotional Appearances.
6.4
Mandatory Programs.
6.5
Media Training, Business of Basketball, Anti-Gambling Training, and System Rules Training.
6.6
Charitable Contributions.
6.7
Unlawful Violence.
6.8
Counseling for Violent Misconduct.
6.9
Firearms and Other Weapons.
6.10
One Penalty.
6.11
League Investigations.
6.12
On-Court Conduct.
6.13
Off-Court Conduct.
6.14
Motor Vehicles.
6.15
Player Convictions and Other Discipline Involving Alcohol or Controlled Substances.
6.16
Player Arrests.
6.17
Joint NBA/NBPA Policy on Domestic Violence, Sexual Assault, and Child Abuse.
6.18
Trades.
6.19
Player Involvement with Gaming Companies.
6.20
Player Involvement with Cannabis Companies.
6.21
Gambling by Former NBAGL Players.
7
BASKETBALL RELATED INCOME, SALARY CAP, MINIMUM TEAM SALARY, TAX LEVEL, APRON LEVELS, AND DESIGNATED SHARE ARRANGEMENT
7.1
Definitions.
7.2
Salary Cap, Minimum Team Salary, Tax Level, Apron Levels, and Draft Pick Penalty.
7.3
Determination of Salary.
7.4
Determination of Team Salary.
7.5
Salary Cap Contract Structure Rules.
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
Designated Share 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.
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 and Effect of Void Contracts.
10.8
General.
10.9
NBA Draft Combine.
10.10
Combine-Related Eligibility Disputes.
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 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.
13.6
Charitable Contributions.
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.
18.5
Hotel Incidentals.
18.6
Two-Way Players.
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
In-Season Tournament.
20.5
Location and Scheduling of Games.
20.6
Holidays.
20.7
All-Star.
20.8
Travel.
20.9
Days Off.
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.
21.6
All-Star Committee.
22
PLAYER HEALTH AND WELLNESS
22.1
Requirements for Certain Team Player Health Professionals.
22.2
One Surgeon.
22.3
NBA Physicians Association.
22.4
Disclosure of Medical Information.
22.5
Vaccination Education and Recommendations.
22.6
Selection of Team Physician and Other Health Care Providers.
22.7
Health and Performance Screenings.
22.8
Electronic Medical Records.
22.9
Concussion, Cardiac, and Emergency Medical Preparedness Policies.
22.10
Second Opinion.
22.11
Fitness-to-Play.
22.12
Player Care Survey.
22.13
Wearables.
22.14
NBA Draft Combine.
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.
26
TEAM RULES
26.1
Establishment of Team Rules.
26.2
Notice.
26.3
Grievances Challenging 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.
27.5
Stretched Protected Salary.
28
MEDIA RIGHTS
28.1
League Rights.
28.2
No Suit.
28.3
Unauthorized Endorsement/Sponsor Promotion.
28.4
Reservation of Rights.
29
MISCELLANEOUS
29.1
Active List.
29.2
Roster Size.
29.3
Two-Way Roster.
29.4
Postseason Eligibility Waiver Deadline.
29.5
Minimum League-Wide Roster.
29.6
Games Played Requirement for Certain League Honors.
29.7
Playing Rules and Officiating.
29.8
Postseason.
29.9
Game Tickets.
29.10
League Pass.
29.11
Release for Fighting.
29.12
Limitation on Player Ownership.
29.13
Player Ownership in Independent WNBA Teams.
29.14
Nondisclosure.
29.15
Implementation of Agreement.
29.16
Additional Canadian Provisions.
29.17
Gate Reports.
29.18
League-Wide Public Service Campaigns.
29.19
Fines Imposed on Teams.
29.20
Quarterly FIBA Meetings.
29.21
Pro Days.
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
No Discrimination.
31
GRIEVANCE AND ARBITRATION PROCEDURE AND SPECIAL PROCEDURES WITH RESPECT TO DISPUTES INVOLVING PLAYER DISCIPLINE
31.1
Scope.
31.2
Initiation.
31.3
Pre-Hearing Motions.
31.4
Hearings.
31.5
Procedure.
31.6
Arbitrator’s Decision and Award.
31.7
Appointment and Replacement of Grievance Arbitrator.
31.8
Injury Grievances.
31.9
Special Procedures with Respect to Player Discipline.
31.10
Procedure with Respect to Fine and Suspension Amounts.
31.11
Disputes with Respect to the Terms of a Player Contract.
31.12
Disputes with Respect to Players Under Contract Who Withhold Playing Services.
31.13
Expedited Procedure.
31.14
Threshold Amount for Certain Grievances.
31.15
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 Adjustment Schedules.
33
ANTI-DRUG PROGRAM AND SUBSTANCE ABUSE TREATMENT
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 and Alcohol Treatment Programs.
33.9
Steroids and Performance-Enhancing Drugs Program.
33.10
Synthetic Cannabinoid Program.
33.11
Noncompliance with Treatment.
33.12
Dismissal and Disqualification.
33.13
Reinstatement.
33.14
Exclusivity.
33.15
Random HGH Blood Testing.
33.16
Additional Bases for Testing.
33.17
Additional Prohibited Substances and Testing Methods.
33.18
Prescriptions Under the Anti-Drug Program.
33.19
Longitudinal Profile for Exogenous Testosterone.
33.20
No Significant Fault or Negligence by Player.
33.21
G League Suspensions.
34
RECOGNITION CLAUSE
35
SAVINGS CLAUSE
36
PLAYER AGENTS
36.1
Approval of Player Contracts.
36.2
Fines.
36.3
Prohibition on Players as Agents.
36.4
Indemnity.
36.5
Agent Lists.
36.6
Confirmation by the Players Association.
36.7
Agent Rules Compliance.
37
PLAYER APPEARANCES AND ADDITIONAL CONTENT ACTIVITIES/UNIFORM
37.1
Player Activities on Behalf of the NBA.
37.2
Additional Content Opportunities for the NBA and Players.
37.3
Indemnity.
37.4
Uniform.
38
INTEGRATION, ENTIRE AGREEMENT, INTERPRETATION, AND CHOICE OF LAW
38.1
Integration, Entire Agreement.
38.2
Interpretation.
38.3
Choice of Law.
39
TERM OF AGREEMENT
39.1
Effective Date and Expiration Date.
39.2
Mutual Options to Terminate Following Sixth Season.
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
Mutual Right of Termination – League Financial Results.
39.8
Mutual Right of Termination – Designated Share.
39.9
Mutual Right of Termination – League Entity Transaction.
39.10
No Obligation to Terminate; No Waiver.
40
EXPANSION AND CONTRACTION
40.1
Expansion.
40.2
Contraction.
41
NBA G LEAGUE
41.1
NBAGL Work Assignments.
41.2
Reporting Requirements for NBAGL Work Assignments.
41.3
Travel and Relocation Expenses.
41.4
Terms of NBAGL Work Assignment and NBAGL Two-Way Service.
41.5
Miscellaneous.
41.6
Career Opportunities for Former NBA Players.
42
OTHER
42.1
Headings and Organization.
42.2
Time Periods.
42.3
Exhibits.
Appendix
A
NATIONAL BASKETBALL ASSOCIATION UNIFORM PLAYER CONTRACT
A.0.1
EXCERPT FROM NBA CONSTITUTION
A.0.2
AGENT CERTIFICATION
A.1
UNIFORM PLAYER CONTRACT
A.1.1
Exhibit 1 — Compensation
A.1.2
Exhibit 2 — Compensation Protection
A.1.3
Exhibit 3 — Prior Injury Exclusion
A.1.4
Exhibit 4 — Trade Payments
A.1.5
Exhibit 5 — Other Activities
A.1.6
Exhibit 6 — Physical Exam
A.1.7
Exhibit 7 — Substitution for UPC Paragraph 7(b)
A.1.8
Exhibit 8 — Sign and Trade
A.1.9
Exhibit 9 — One-Season, Non-Guaranteed Training Camp Contracts
A.1.10
Exhibit 10 — NBAGL Bonus and Two-Way Player Conversion
B
BASELINE ROOKIE SALARY SCALE ($000’S)
C
BASELINE MINIMUM ANNUAL SALARY SCALE
D
BRI EXPENSE RATIOS
D.1
Team and Related Party Expenses, Article VII, Section 1(a)(6)(v)
D.2
League Expenses, Article VII, Section 1(a)(1)(ix)
E
NOTICE TO VETERAN PLAYERS CONCERNING SUMMER LEAGUES
F
JOINT NBA/NBPA POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE
G
OFFER SHEET
H
FIRST REFUSAL EXERCISE NOTICE
I
I.1
AUTHORIZATION FOR TESTING
I.2
PROHIBITED SUBSTANCES
I.3
URINE COLLECTION PROCEDURES
I.4
BLOOD COLLECTION PROCEDURES
I.5
DRUGS OF ABUSE AND SYNTHETIC CANNABINOIDS CONFIRMATORY LABORATORY ANALYSIS LEVELS
I.6
STEROIDS AND PERFORMANCE-ENHANCING DRUGS AND DIURETICS CONFIRMATORY LABORATORY ANALYSIS LEVELS
I.7
CREATION OF PLAYER LONGITUDINAL PROFILES
J
J.1
FORM OF CONFIDENTIALITY AGREEMENT
J.2
LETTER AGREEMENT REGARDING ACCOUNTING PROCEDURES
J.2.1
Minimum Procedures to Be Provided by the Accountants
Published with bookdown
NBA Collective Bargaining Agreement - 2023
D
BRI EXPENSE RATIOS
D.1
Team and Related Party Expenses, Article VII, Section 1(a)(6)(v)
Category
Ratio of Expenses to Revenues
Uniform Expense Cap
11.1%
D.2
League Expenses, Article VII, Section 1(a)(1)(ix)
Category
Ratio of Expenses to Revenues
Sponsorships
19%
NBA Entertainment
35%
International Television
22%
Special Events
100%