ARTICLE XXIX:
MISCELLANEOUS
INDEX
Section 1. Active Roster Size
Section 2. Inactive Roster Size
Section 3. Minimum League-Wide Roster
Section 4. Playing Rules and
Officiating
Section 5. Playoffs
Section 6. Game Tickets
Section 7. Release for Fighting
Section 8. Limitation on Player
Ownership
Section 9. Nondisclosure
Section 10. Implementation of
Agreement
Section 11. Additional Canadian
Provisions
Section
1. Active Roster Size.
Each Team agrees to have twelve (12) players on its
Active List and to have a minimum of eight (8) players
on the bench for all Regular Season games. Notwithstanding
the foregoing, any Team may from time to time as appropriate,
but for no more than two (2) consecutive weeks at a
time during the Regular Season, have eleven (11) players
on its Active List.
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Section 2. Inactive
Roster Size.
Each Team agrees to have one (1) player on its Inactive
List for all Regular Season games. Notwithstanding the
foregoing, any Team may from time to time as appropriate,
but for no more than two (2) consecutive weeks at any
time during the Regular Season, have no players on its
Inactive List.
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Section 3. Minimum
League-Wide Roster.
(a) For each Regular Season covered by this Agreement,
NBA Teams shall, in the aggregate, employ an average
of no less than fourteen (14) players per Team.
(b) The NBA’s satisfaction (or not) of Section
3(a) above shall be measured following each Regular
Season as follows:
Step 1: |
For each player signed to a Player
Contract (including a Rest-of-Season or 10-Day
Contract) during a Regular Season, determine
the number of days during such Regular Season
that such player was carried on his Team’s
Active List or Inactive List (hereinafter “Duty
Days”). |
Step 2: |
Determine the total Duty Days
for all players for such Regular Season by adding
together the results for each player from Step
1. |
Step 3: |
Multiply (x) the number of NBA
Teams that played games during the applicable
Regular Season, by (y) 2,300 days. |
Step 4: |
If, for a Regular Season, (x) the result
in Step 2 above is equal to or greater than
the result in Step 3 above, then the NBA has
satisfied its obligation under subsection (a)
above for such Regular Season; or (y) the result
in Step 2 above is less than the result in Step
3 above (the difference hereinafter described
as “the Shortfall”), then the NBA
has failed to satisfy its obligation under Section
3(a) above for such Regular Season. |
(c) If the NBA fails to satisfy its obligation under
Section 3(a) above for a Regular Season, then it shall
be required to make a payment to the Players Association
equal to (i) the Shortfall, times (ii) the Minimum Player
Salary for a player with one (1) Year of Service divided
by the number of calendar days during such Regular Season.
Any such payment shall be made to the Players Association
by August 1 following the applicable Season, and shall
be distributed by the Players Association to all NBA
players who were on the Active List or Inactive List
of an NBA team during the applicable Regular Season,
on such proportional basis as may reasonably be determined
by the Players Association.
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Section 4. Playing
Rules and Officiating.
(a) One representative of the Players Association shall
be permitted to attend the meetings of and have a vote
on the NBA Competition Committee with respect to issues
relating to the NBA playing rules and officiating.
(b) The Players Association may on behalf of the players
annually submit to the Commissioner one (1) written
critique of referees, without reference to any individual
referee.
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Section 5. Playoffs.
(a) The number of Teams participating in the playoffs
shall equal sixteen (16). Notwithstanding the foregoing,
the NBA shall have the right to increase the number
of Teams participating in the playoffs.
(b) Each round of the playoffs shall be played in a
best-of-seven-games format.
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Section 6. Game
Tickets.
(a) In the event that a Team provides home-game tickets
to its players, seat locations must be allocated to
players based on seniority, with the most senior players
(based on years of NBA service) receiving the most favorable
seat locations.
(b) NBA Teams shall provide four (4) tickets to authorized
representatives of the Players Association to any home
game at box office prices, provided notice of such request
is given at least forty-eight (48) hours before the
game.
(c) Each Team agrees to provide retired players with
three (3) or more years of NBA service with the opportunity
to purchase two (2) tickets at box office prices to
its NBA home games, and to hold such tickets for such
players, provided tickets are available and the retired
players provide the Team with forty-eight (48) hours
advance notice of their desire for such tickets.
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Section 7. Release
for Fighting.
Each NBA Team (hereinafter “such Team”)
hereby releases and waives every claim it may have against
any player employed by other NBA Teams for injuries
sustained by any player in the employ of such Team which
arise out of or in connection with any fighting or other
form of violent and/or unsportsmanlike conduct during
the course of any Exhibition, Regular Season, and/or
Playoff game.
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Section 8. Limitation
on Player Ownership.
During the term of this Agreement, no NBA player may
acquire or hold a direct or indirect interest in the
ownership of any NBA Team; provided, however, that any
player may own shares of any publicly-traded company
that directly or indirectly owns an NBA Team.
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Section 9. Nondisclosure.
The parties agree that (a) the economic terms of any
individual Uniform Player Contract entered into by a
Team and a player, and (b) any information contained
in, or disclosed to the Players Association in connection
with an Audit Report, Draft Audit Report, Interim Audit
Report, Interim Escrow Audit Report, BRI Report, Escrow
Schedule, or Notice to Escrow Agent, shall not be disclosed
to the media by (i) the NBA, its Teams, or their respective
employees, or (ii) the Players Association, NBA players,
or their respective employees, agents, or representatives.
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Section 10. Implementation
of Agreement.
(a) The NBA and the Players Association will use their
respective best efforts to have NBA Teams and NBA players
comply with the terms and provisions of this Agreement.
(b) The NBA and the Players Association shall use their
respective best efforts and take all reasonable steps
to cooperate to defend the enforceability of this Agreement
against any challenge thereto.
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Section 11. Additional
Canadian Provisions.
(a) The bases upon which a player may be disciplined
or discharged or a Player Contract terminated, as set
forth in this Agreement and/or in the Uniform Player
Contract, shall constitute just and reasonable cause
within the meaning of any applicable Canadian statute
(federal or provincial) and, to the extent this Agreement
or the Uniform Player Contract provides specific penalties
for such conduct, those penalties shall apply.
(b) During the term of this Agreement, the NBA and Players
Association shall consult regularly about issues relating
to the workplace which affect the parties or any player
bound by this Agreement.
(c) If and to the extent Sections 48 and 49 of the Ontario
Labour Relations Act are or may be found applicable
to this Agreement, the parties agree that the provisions
thereof shall apply only to disputes between the Toronto
Raptors and players for the Toronto Raptors.
(d) The parties acknowledge and agree that a player
employed by an NBA Team pursuant to the provisions of
a Uniform Player Contract, a 10-Day Contract, or a Rest-of-Season
Contract is and/or shall be deemed to be an “employee
hired on the basis that his employment is to terminate
on the expiry of a definite term or the completion of
a specific task” within the meaning of paragraph
1 of Section 2(1) of Ontario Regulation 288/01 under
the Ontario Employment Standards Act, 2000, so as to
render inapplicable to NBA players the provisions of
Sections 54-62 of such Act.
(e) The parties acknowledge and agree that the severance
benefits provided to players pursuant to this Agreement
(including the provisions of Player Contracts that provide,
in certain circumstances, for the continued payment
of Salary to a player following the termination of a
Player Contract) constitute and/or shall be deemed to
constitute a settlement binding on the player within
the meaning of Section 6 of the Ontario Employment Standards
Act, 2000, and/or “an amount paid to an employee
for loss of employment under a provision of an employment
contract based upon length of employment, length of
service or seniority” within the meaning of paragraph
2 of Section 65(8) of the Ontario Employment Standards
Act, 2000, so as to render inapplicable to NBA players
the provisions of Sections 63-66 of such Act.
(f) Upon the NBA’s request, the Players Association
shall cooperate with the NBA in a reasonable manner
in connection with any effort the NBA may make to seek
an exemption from any Canadian (federal or provincial)
law or regulation affecting the employment relationship
that is inconsistent with the provisions of this Agreement
or any other agreement between the Players Association
and the NBA (or NBA Properties) or between any player
and any NBA Team.
(g) All players employed by NBA Teams shall be paid
in U.S. dollars, regardless of where such Teams are
located.
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