Article 19 UNION SECURITY, DUES AND CHECK-OFF
As a condition of employment commencing with the execution of this Agreement, for the duration of this Agreement only, and wherever legal: (a) any active player who is or later becomes a member in good standing of the Players Association must maintain his membership in good standing in the Players Association; and (b) any active player (including a player in the future) who is not a member in good standing of the Players Association must, on the 30th day following the beginning of his employment or the 30th day following the execution of this Agreement, whichever is later, pay, pursuant to Section 2 below or otherwise, financial core obligations to the Players Association related to collective bargaining and the administration of collective bargaining agreements (hereinafter referred to as “financial core fees”).
Commencing with the execution of this Agreement and for the duration of this Agreement only, each Team, following its receipt of the requisite authorization form, will check-off the initiation fee and annual dues, assessments and financial core fees, as the case may be, in equal installments from the first four payments made thereafter to the player pursuant to paragraph 3(a) of the Uniform Player Contract or from such lesser number of payments made thereafter as provided for by Exhibit 1 to such Contract, for each player for whom a current check-off authorization has been provided to the Team. The Team will forward the check-off monies to the Players Association within fourteen (14) days of each check-off. If the Team fails to do so, interest at 7% per annum, payable to the Players Association, shall begin to accrue on such check-off monies upon the conclusion of such 14-day period.
- Upon written notification to the NBA by the Players Association that a player has not paid any initiation fee, dues or financial core fees in violation of Section 1 above, the NBA will raise the matter for discussion with the player and his Team. If there is no resolution of the matter within seven (7) days, then the Team will, upon the written request of the Players Association, suspend the player without pay, wherever legal. Such suspension will continue until the Players Association has notified the Team in writing that the suspended player has satisfied his obligation as contained in Section 1 above. The parties hereby agree that suspension without pay is adopted as a substitute for and in lieu of discharge as the penalty for a violation of the union security clause of this Agreement and that no player will be discharged for a violation of that clause.
A copy of all notices required by this Section 3(a) will be simultaneously mailed to the player involved and the NBA.
- The term “member in good standing” as used in this Article XIX applies only to the payment of dues or any initiation fee and not to any other factors involved in union discipline.
- Other than pursuant to Section 2 above, no Team shall pay any initiation fees, dues, or financial core fees on behalf of any player.
19.4 No Liability.
Neither the NBA nor any Team shall be liable for any salary, bonus, or other monetary or non-monetary claims that result from a player being suspended pursuant to the terms of Section 3 above. The Players Association indemnifies, saves and holds harmless the NBA and each Team against any and all claims, demands, suits, or other forms of liability that may arise, directly or indirectly, in connection with the enforcement or application of any term or provision of this Article XIX, including, without limitation, claims relating to any action taken by the NBA or any Team in reliance upon any written authorization provided hereunder.