Arenas suspended indefinitely

[Roy Hobbs]

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. 

[scoop]

I'd understand better if he was suspended for having guns in the locker room. But he wasn't. He was suspended because he made a joke.

How so?  I think it's fair to say that he was suspended for having guns in the locker room, along with the public backlash that forced the NBA to act.  Arenas, through his antics, contributed to that backlash.

When you have Al Sharpton calling the NBA racist because it *didn't* suspend Arenas, and numerous non-sports outlets calling for his suspension, it's no surprise that Stern would act.

Sure, he acted due to the public pressure from interest groups irked  with Arenas jokes. If he wanted to suspend Arenas for having guns in the locker-room, he'd have done it some weeks ago.

[nickagneta]

In that photo, isn't he joking? I suppose some may appreciate the joke while those with less inclination for humor noir will find it disgusting and completely unfunny, but it's still a joke.

I'd understand better if he was suspended for having guns in the locker room. But he wasn't. He was suspended because he made a joke.

Apparently brandishing guns and telling a coworker to choose one to settle a confrontation is a joke to Arenas too.  ::)Seems those liking that type of joke and humor are in the very large minority when it comes to the subject of hand guns.

As I've said, he wasn't suspended for brandishing guns or taking them into a locker room.

uhh yeah he was.  If his suspension was ONLY bc of his actions last night, it wouldnt be an indefinite suspension.  The league cant suspend him twice, thats why they made it indefinite.  They couldnt suspend him for 20 games, then have the DC Government finish it's investigation and have more of the story come to light, then turn around and suspend him again.  Even though Stern can suspend him right now because hes already admitted violating league rules, Im sure he was planning to wait until the investigation was through to make his suspension, but after Gilberts complete mockery of the situation over the past few days hes acted on his opportunity to do it now.

You can split hairs if you want and say his actions over the past couple prompted the suspension, but his actions over the past couple days are all based on the fact that he brought guns into the locker room.

I think he got suspended for the violating of league rules regarding the bringing of handguns into a team facility. I think he hastened and lengthened his suspension with his immature, ridiculous, inappropriate, irresponsible behavior as a whole since news of the incident occurred.

That's the way I interpret things. I don't for a minute think he was suspended just for his remarks or behavior.

[greg683x]

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.

Not to mention that I believe the Warriors werent even completely able to void Latrell Spreewells contract after he choked his coach PJ Carlisimo.

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. 

[scoop]

Yeps, it's pretty [dang] hard to void an NBA contract: if chocking your boss can't do it, I'm pretty sure the Wizards won't be successful. I doubt they'd even try if it wasn't for the PR stuff. 

[guava_wrench]

I really hope the fans vote Gilbert and Iverson into the All-Star Game.

Would Stern take away what the fans want to see???

If this happened (and there is still a good chance it could) Stern would probably start foaming at the mouth. hahahaha

I still can't figure out who is voting for Iverson. I know that billions of Chinese might be voting for McGrady, but AI at this point?

[guava_wrench]

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.

[nickagneta]

However, the choking of a coach is a interpretive voiding under the morality clause. Alcoholism, Vin Baker, is a disease and again that would make the voiding of the contract next to impossible.

What Arenas did is violate a direct clause within his contract that is set up in all NBA contracts. It's the same reason the Yankees were allowed to void Aaron Boone's contract and why Golden State had every right to void Monte Ellis' contract when he got injured two summers ago and violated the DIRECT language of his contract.

I don't think an arbiter rules in his favor.

[Roy Hobbs]

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.

[Roy Hobbs]

Here's the relevant provision of the UPC:

16.TERMINATION.
(a) The Team may terminate this Contract upon written notice to the Player if the Player shall:

    (i) at any time, fail, refuse, or neglect to conform his personal conduct to standards of good citizenship, good moral character (defined here to mean not engaging in acts of moral turpitude, whether or not such acts would constitute a crime), and good sportsmanship, to keep himself in first class physical condition, or to obey the Team’s training rules;

    (ii) at any time commit a significant and inexcusable physical attack against any official or employee of the Team or the NBA (other than another player), or any person in attendance at any NBA game or event, considering the totality of the circumstances, including (but not limited to) the degree of provocation (if any) that may have led to the attack, the nature and scope of the attack, the Player’s state of mind at the time of the attack, and the extent of any injury resulting from the attack;

    (iii) at any time, fail, in the sole opinion of the Team’s management, to exhibit sufficient skill or competitive ability to qualify to continue as a member of the Team; provided, however, (A) that if this Contract is terminated by the Team, in accordance with the provisions of this subparagraph, prior to January 10 of any Season, and the Player, at the time of such termination, is unfit to play skilled basketball as the result of an injury resulting directly from his playing for the Team, the Player shall (subject to the provisions set forth in Exhibit 3) continue to receive his full Base Compensation, less all workers’ compensation benefits (which, to the extent permitted by law, and if not deducted from the Player’s Compensation by the Team, the Player hereby assigns to the Team) and any insurance provided for by the Team paid or payable to the Player by reason of said injury, until such time as the Player is fit to play skilled basketball, but not beyond the Season during which such termination occurred; and provided, further, (B) that if this Contract is terminated by the Team, in accordance with the provisions of this subparagraph, during the period from the January 10 of any Season through the end of such Season, the Player shall be entitled to receive his full Base Compensation for said Season; or

    (iv) at any time, fail, refuse, or neglect to render his services hereunder or in any other manner materially breach this Contract.

(b) If this Contract is terminated by the Team by reason of the Player’s failure to render his services hereunder due to disability caused by an injury to the Player resulting directly from his playing for the Team and rendering him unfit to play skilled basketball, and notice of such injury is given by the Player as provided herein, the Player shall (subject to the provisions set forth in Exhibit 3) be entitled to receive his full Base Compensation for the Season in which the injury was sustained, less all workers’ compensation benefits (which, to the extent permitted by law, and if not deducted from the Player’s Compensation by the Team, the Player hereby assigns to the Team) and any insurance provided for by the Team paid or payable to the Player by reason of said injury.

(c) Notwithstanding the provisions of paragraph 16(b) above, if this Contract is terminated by the Team prior to the first game of a Regular Season by reason of the Player’s failure to render his services hereunder due to an injury or condition sustained or suffered during a preceding Season, or after such Season but prior to the Player’s participation in any basketball practice or game played for the Team, payment by the Team of any Compensation earned through the date of termination under paragraph 3(b) above, payment of the Player’s board, lodging, and expense allowance during the training camp period, payment of the reasonable traveling expenses of the Player to his home city, and the expert training and coaching provided by the Team to the Player during the training season shall be full payment to the Player.

(d) If this Contract is terminated by the Team during the period designated by the Team for attendance at training camp, payment by the Team of any Compensation earned through the date of termination under paragraph 3(b) above, payment of the Player’s board, lodging, and expense allowance during such period to the date of termination, payment of the reasonable traveling expenses of the Player to his home city, and the expert training and coaching provided by the Team to the Player during the training season shall be full payment to the Player.

(e) If this Contract is terminated by the Team after the first game of a Regular Season, except in the case provided for in subparagraphs (a)(iii) and (b) of this paragraph 16, the Player shall be entitled to receive as full payment hereunder a sum of money which, when added to the salary which he has already received during such Season, will represent the same proportionate amount of the annual sum set forth in Exhibit 1 hereto as the number of days of such Regular Season then past bears to the total number of days of such Regular Season, plus the reasonable traveling expenses of the Player to his home.

(f) If the Team proposes to terminate this Contract in accordance with subparagraph (a) of this paragraph 16, it must first comply with the following waiver procedure:

    (i) The Team shall request the NBA Commissioner to request waivers from all other clubs. Such waiver request may not be withdrawn.

    (ii) Upon receipt of the waiver request, any other team may claim assignment of this Contract at such waiver price as may be fixed by the League, the priority of claims to be determined in accordance with the NBA Constitution and By-Laws.

    (iii) If this Contract is so claimed, the Team agrees that it shall, upon the assignment of this Contract to the claiming team, notify the Player of such assignment as provided in paragraph 10(c) hereof, and the Player agrees he shall report to the assignee team as provided in said paragraph 10(c).

    (iv) If the Contract is not claimed prior to the expiration of the waiver period, it shall terminate and the Team shall promptly deliver written notice of termination to the Player.

    (v) The NBA shall promptly notify the Players Association of the disposition of any waiver request.

    (vi) To the extent not inconsistent with the foregoing provisions of this subparagraph (f), the waiver procedures set forth in the NBA Constitution and By-Laws, a copy of which, as in effect on the date of this Contract, is attached hereto, shall govern.

(g) Upon any termination of this Contract by the Player, all obligations of the Team to pay Compensation shall cease on the date of termination, except the obligation of the Team to pay the Player’s Compensation to said date.

As you can see, there are lots of grounds for termination that are allowed under the plain text of the UPC, that are *never* enforced.  The reason for that, of course, is because arbitrators, for whatever reason, refuse to enforce that plain language.

[Finkelskyhook]

When you have Al Sharpton calling the NBA racist because it *didn't* suspend Arenas, and numerous non-sports outlets calling for his suspension, it's no surprise that Stern would act.

When a piece of human excrement, race baiter, and a collossal poverty pimp like sharpton speaks, everybody should ignore him or shout him down.  

I sincerely hope Stern ignored him.  I agree with what was said about Delonte.  I'm sorry....I see little difference.  Delonte is lucky to be playing.  I'll bet Arenas doesn't see the court for at least a year.

[Roy Hobbs]

However, the choking of a coach is a interpretive voiding under the morality clause. Alcoholism, Vin Baker, is a disease and again that would make the voiding of the contract next to impossible.

What Arenas did is violate a direct clause within his contract that is set up in all NBA contracts. It's the same reason the Yankees were allowed to void Aaron Boone's contract and why Golden State had every right to void Monte Ellis' contract when he got injured two summers ago and violated the DIRECT language of his contract.

I don't think an arbiter rules in his favor.

I think you're misreading the UPC, nick.  Look at the instances where it allows termination of a contract.

[nickagneta]

Roy, when was clause(ii) entered into the language of the UPC? Was it after the Sprewell incident or after the Indiana/Detroit brawl? Or was it always in there?

[guava_wrench]

When you have Al Sharpton calling the NBA racist because it *didn't* suspend Arenas, and numerous non-sports outlets calling for his suspension, it's no surprise that Stern would act.

When a piece of human excrement, race baiter, and a collossal poverty pimp like sharpton speaks, everybody should ignore him or shout him down.  

I sincerely hope Stern ignored him.  I agree with what was said about Delonte.  I'm sorry....I see little difference.  Delonte is lucky to be playing.  I'll bet Arenas doesn't see the court for at least a year.

There is a big difference with Delonte. Delonte did not bring guns into an arena.

In fact, Delonte's situation is completely different than Gilbert's. There is no reason to compare them. The NBA purposefully banned bringing guns into playing venues. Gilbert violated that rule.

[Roy Hobbs]

Roy, when was clause(ii) entered into the language of the UPC? Was it after the Sprewell incident or after the Indiana/Detroit brawl? Or was it always in there?

No idea.