Author Topic: Arenas suspended indefinitely  (Read 23791 times)

0 Members and 1 Guest are viewing this topic.

Re: Arenas suspended indefinitely
« Reply #45 on: January 06, 2010, 06:43:49 PM »

Offline guava_wrench

  • Satch Sanders
  • *********
  • Posts: 9931
  • Tommy Points: 777
My guess is before the end of the month Washington will have voided his contract based on Grunfeld's comments. I don't see how any other conclusion can be drawn.

This will completely change the way the Wizards could approach the off season as, if they trade away Jamison and Stephenson in a package for an expiring contract and picks, the Wizards could have as much as $33 million in cap space for two max or nearly max level players to add to Caron Butler, Andray Blatche, Nick Young, JaVale McGee, Randy Foye and Domenic McGuire.

I'm sure the Wizards will attempt to void the contract, and under the Uniform Player Contract they have the right to do so.  However, I'm skeptical that an arbitrator will actually uphold that action, due to the unprecedented nature of it.  I mean, if the Celtics couldn't get out of Vin Baker's contract (and were forced to settle on Baker's terms) after he was physically unable to perform and was suspended multiple times, then I'm skeptical that an arbitrator will sustain the voiding of a $100 million contract. 
There are always conduct clauses in the contracts. Being an alcoholic doesn't satisfy that. You can't void a contract just because a player can't play.

I'll take your word though on the difficulty.

The UPC also allows a team to void a contract if a player does not keep himself in good physical condition.

Also, as noted above, the Warriors were unable to void Sprewell's contract.
Good physical condition is impossible to interpret. Especially when you factor in emotional problems. Felony conviction would be much easier to interpret, like with Vick.

Re: Arenas suspended indefinitely
« Reply #46 on: January 06, 2010, 06:54:46 PM »

Offline Fan from VT

  • NCE
  • Antoine Walker
  • ****
  • Posts: 4205
  • Tommy Points: 777
I have a sudden fear, though, that Arenas will have his contract voided now, be suspended for 30 games, then, to revamp his image going into the post season, will sign with cleveland or LA or Orlando to play for a contender to prove he can win in order to grab a bigger payday. Yikes.

Re: Arenas suspended indefinitely
« Reply #47 on: January 06, 2010, 07:02:05 PM »

Offline Brickowski

  • Antoine Walker
  • ****
  • Posts: 4207
  • Tommy Points: 423
His contract won't be voided.  He will file a grievance under the CBA and likely win if no legal action is taken against him.  Gun ownership is legal in the United States.  What is Arenas "guilty" of?  He's certainly not the only complete idiot walking around with a gun.  We have whole states full of them in this country.

Arenas suspended for 1 year
« Reply #48 on: January 06, 2010, 07:14:47 PM »

Offline rondohondo

  • NCE
  • Danny Ainge
  • **********
  • Posts: 10756
  • Tommy Points: 1196
Just saw it on the pre game show. Yahoo is tweeting that he is gone for 1 year . So for those of you who were worried he would only get 30 games and then be able to sign with cleveland or LA ,no need to worry.

Re: Arenas suspended for 1 year
« Reply #49 on: January 06, 2010, 07:19:07 PM »

Offline Fafnir

  • Bill Russell
  • ******************************
  • Posts: 30859
  • Tommy Points: 1327
Just saw it on the pre game show. Yahoo is tweeting that he is gone for 1 year . So for those of you who were worried he would only get 30 games and then be able to sign with cleveland or LA ,no need to worry.
Link?

Everything I can see still says indefinite because the league wants to let the legal consequences become apparent before they go on record with a length.

Re: Arenas suspended for 1 year
« Reply #50 on: January 06, 2010, 07:20:33 PM »

Offline rondohondo

  • NCE
  • Danny Ainge
  • **********
  • Posts: 10756
  • Tommy Points: 1196
Just saw it on the pre game show. Yahoo is tweeting that he is gone for 1 year . So for those of you who were worried he would only get 30 games and then be able to sign with cleveland or LA ,no need to worry.
Link?

Everything I can see still says indefinite because the league wants to let the legal consequences become apparent before they go on record with a length.
I'll try to find it Gary Tanguay was reporting that .

Re: Arenas suspended indefinitely
« Reply #51 on: January 06, 2010, 07:21:58 PM »

Offline scoop

  • Jaylen Brown
  • Posts: 663
  • Tommy Points: 74
The NBA and the Wizards would have the same problem the NBA and the Warriors had with Sprewell: the arbitrator didn't see the disciplinary action as proportional nor supported by the past practices of the league and teams, seeing it as arbitrary.

Re: Arenas I suspect their case will be even more difficult to make: they didn't find the act to be serious enough to warrant an immediate disciplinary action but now want to handle an 1 year suspension and void the contract?
« Last Edit: January 06, 2010, 07:29:58 PM by scoop »

Re: Arenas suspended indefinitely
« Reply #52 on: January 06, 2010, 07:25:13 PM »

Offline Fafnir

  • Bill Russell
  • ******************************
  • Posts: 30859
  • Tommy Points: 1327
The NBA and the Wizards would have the same problem the NBA and the Warriors had with Sprewell: the arbitrator didn't see the disciplinary action as proportional nor supported by the past practices of the league and teams, seeing it as arbitrary.

Re: Arenas I suspect their case will be even more difficult to make: they didn't find the penalty to be serious enough to warrant an immediate disciplinary action but now want to handle an 1 year suspension and void the contract?
I think Arenas has a better case to appeal than Sprewell.

Choking a coach absolutely should have been an immediate cause for firing.

Re: Arenas suspended indefinitely
« Reply #53 on: January 06, 2010, 07:35:13 PM »

Offline nickagneta

  • James Naismith
  • *********************************
  • Posts: 48120
  • Tommy Points: 8794
  • President of Jaylen Brown Fan Club
Quote
ARTICLE VI: PLAYER CONDUCT
Section 9. Firearms.
(a) Whenever a player is physically present at a facility or venue owned, operated, or being used by a Team, the NBA, or any League-related entity, and whenever a player is traveling on any NBA-related business, whether on behalf of the player’s Team, the NBA, or any League-related entity, such player shall not possess a firearm of any kind. For purposes of the foregoing, “a facility or venue” includes, but is not limited to: an arena; a practice facility; a Team or League office or facility; an All-Star or NBA Playoff venue; and the site of a promotional or charitable appearance.

(b) Any violation of Section 9(a) above shall be considered conduct prejudicial to the NBA under Article 35(d) of the NBA Constitution and By-Laws, and shall therefore subject the player to discipline by the NBA in accordance with such Article.

Quote
EXCERPT FROM NBA CONSTITUTION (MISCONDUCT)
35. The provisions of this Article 35 shall govern all Players in the Association, hereinafter referred to as “Players.”

(d) The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $50,000, or inflict both such suspension and fine upon any Player who, in his opinion, (i) shall have made or caused to be made any statement having, or that was designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association or of a Member, or (ii) shall have been guilty of conduct that does not conform to standards of morality or fair play, that does not comply at all times with all federal, state, and local laws, or that is prejudicial or detrimental to the Association.


Quote
ARTICLE II: UNIFORM PLAYER CONTRACT
Section 5. Conformity.
(a) All currently effective Player Contracts, and all Player Contracts entered into following the execution of this Agreement that do not otherwise so provide, shall be deemed amended in such manner to require the parties to comply with all terms of this Agreement, including the terms of the Uniform Player Contract annexed hereto as Exhibit A. All Player Contracts shall be subject to the terms of this Agreement, which shall supersede the terms of any Player Contract inconsistent herewith. No Player Contract shall provide for the waiver by a player or a Team of any benefits or the sacrifice of any rights to which the player or the Team is entitled by virtue of a Uniform Player Contract or this Agreement.

Would these articles in the NBA CBA  supercede the UPC and hence, give just cause for the Wizards to terminate? As I read them, I think they might.

Re: Arenas suspended indefinitely
« Reply #54 on: January 06, 2010, 07:42:38 PM »

Offline Fafnir

  • Bill Russell
  • ******************************
  • Posts: 30859
  • Tommy Points: 1327
The problem Nick is that similar offenses for gun possession have not resulted in year long bans.

Re: Arenas suspended indefinitely
« Reply #55 on: January 06, 2010, 07:54:08 PM »

Offline nickagneta

  • James Naismith
  • *********************************
  • Posts: 48120
  • Tommy Points: 8794
  • President of Jaylen Brown Fan Club
The problem Nick is that similar offenses for gun possession have not resulted in year long bans.
Similar offenses. There haven't been any. He's the only one ever to bring them into a "venue".

Re: Arenas suspended indefinitely
« Reply #56 on: January 06, 2010, 08:00:32 PM »

Offline Fafnir

  • Bill Russell
  • ******************************
  • Posts: 30859
  • Tommy Points: 1327
The problem Nick is that similar offenses for gun possession have not resulted in year long bans.
Similar offenses. There haven't been any. He's the only one ever to bring them into a "venue".
Having them on the team bus, plane, or facility has happened though correct? Those have only been single digit games.

Re: Arenas suspended indefinitely
« Reply #57 on: January 06, 2010, 08:14:18 PM »

Offline Roy Hobbs

  • In The Rafters
  • The Natural
  • *********************************
  • Posts: 33333
  • Tommy Points: 6430
  • Doc could learn a thing or two from Norman Dale
The problem Nick is that similar offenses for gun possession have not resulted in year long bans.
Similar offenses. There haven't been any. He's the only one ever to bring them into a "venue".
Having them on the team bus, plane, or facility has happened though correct? Those have only been single digit games.

Yeah, Telfair was traveling on league-related business, which is delineated in that clause.

Also, the clause cited says nothing about voiding a contract.  Rather, it subjects a player to discipline by the NBA (i.e., not the team), which is separate and apart from voiding a contract.

All the negativity in this town sucks. It sucks, and it stinks, and it sucks. - Rick Pitino

Portland CrotoNats:  2009 CB Draft Champions

Re: Arenas suspended indefinitely
« Reply #58 on: January 06, 2010, 08:32:47 PM »

Offline Brickowski

  • Antoine Walker
  • ****
  • Posts: 4207
  • Tommy Points: 423
But it does permit the suspension, which costs Arenas money for each game he misses. Let's see how long it lasts.

Re: Arenas suspended indefinitely
« Reply #59 on: January 06, 2010, 09:10:33 PM »

Offline nickagneta

  • James Naismith
  • *********************************
  • Posts: 48120
  • Tommy Points: 8794
  • President of Jaylen Brown Fan Club
I was reading through the CBA for relevant articles and ran across one where it said the Commissioner, and I paraphrase as I can't find it now, has the right to void a contract and eject a player from the league if he deems he has violated......something. I have to find the article and paragraph now. I this is true and Stern is peaved enough to do so, he could do the Wizards a favor and void the contract and Arenas from the league.