romberjo
The Rookie
- Joined
- Jul 22, 2009
- Messages
- 120
- Reaction score
- 5
- Points
- 18
(From a Redskins Insider post, http://voices.washingtonpost.com/re...ynesworth/sources-nflpa-warned-hayneswor.html, which contains the actual CBA language, not Halsell's slightly misleading summary)
"Here's a the CBA's language concerning the potential forfeiture of signing bonuses:
Article XIV, Section 9
No forfeitures of signing bonuses shall be permitted, except that players and Clubs may agree: (i) to proportionate forfeitures of a signing bonus if a player voluntarily retires or willfully withholds his services from one or more regular season games; and/or (ii) that if a player willfully takes action that has the effect of substantially undermining his ability to fully participate and contribute in either pre-season training camp or the regular season (including by willfully withholding his services in either pre-season training camp or during the regular season or willfully missing one or more games), the player may forfeit the greater of: (a) 25% of the prorated portion of his signing bonus for the applicable League Year for the first time such conduct occurs after the beginning of training camp until the end of the season for his Club, and the remaining 75% prorated portion of his signing bonus for the applicable year for the second time such conduct occurs during that period that year; or (b) the proportionate amount of his signing bonus allocation for each week missed (1/17th for each regular season week or game missed).
(b) If a player with a signing bonus forfeiture clause voluntarily retires and misses the remainder of the season, and the player then reports back to the Club in the subsequent season, then the Club must either (i) take the player back under his existing contract with no forfeiture of the remaining proportionate signing bonus allocation, or (ii) release the player and seek repayment of any remaining proportion of the signing bonus allocated to future League Years.
(c) No forfeitures permitted (current and future contracts) for signing bonus allocations for years already performed, or for other salary escalators or performance bonuses already earned.
(d) A player's right to receive and/or retain a signing bonus may not be conditioned on the player's participation in voluntary off-season programs or voluntary minicamps, or for adverse public statements, provided that the Club may have non-proratable participation bonuses for its off-season workout program.
* * *
(g) For purposes of this Section 9, the terms "proportionate forfeitures" and "proportionate amount" mean 1/17th of that year's signing bonus allocation for each regular season week or game missed."
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I think there's good news and bad news. Under the bolded portion above, the good news is that there's a plausible argument that Albert may already have "willfully take[n] action that has the effect of substantially undermining his ability to fully participate and contribute in . . . pre-season training camp"--i.e., by refusing to show up to any voluntary practices or mandatory mini-camp and not preparing for training camp and by making clear that he will not play the position the coaches ask him to play, he's already violated this standard.
The bad news is the italicized portion: it seems to limit forfeiture to conduct that occurs after the beginning of training camp (though it could go from 25% to 100% with the second incident, so we could seek it all back relatively soon after training camp starts, I'd think).
"Here's a the CBA's language concerning the potential forfeiture of signing bonuses:
Article XIV, Section 9
No forfeitures of signing bonuses shall be permitted, except that players and Clubs may agree: (i) to proportionate forfeitures of a signing bonus if a player voluntarily retires or willfully withholds his services from one or more regular season games; and/or (ii) that if a player willfully takes action that has the effect of substantially undermining his ability to fully participate and contribute in either pre-season training camp or the regular season (including by willfully withholding his services in either pre-season training camp or during the regular season or willfully missing one or more games), the player may forfeit the greater of: (a) 25% of the prorated portion of his signing bonus for the applicable League Year for the first time such conduct occurs after the beginning of training camp until the end of the season for his Club, and the remaining 75% prorated portion of his signing bonus for the applicable year for the second time such conduct occurs during that period that year; or (b) the proportionate amount of his signing bonus allocation for each week missed (1/17th for each regular season week or game missed).
(b) If a player with a signing bonus forfeiture clause voluntarily retires and misses the remainder of the season, and the player then reports back to the Club in the subsequent season, then the Club must either (i) take the player back under his existing contract with no forfeiture of the remaining proportionate signing bonus allocation, or (ii) release the player and seek repayment of any remaining proportion of the signing bonus allocated to future League Years.
(c) No forfeitures permitted (current and future contracts) for signing bonus allocations for years already performed, or for other salary escalators or performance bonuses already earned.
(d) A player's right to receive and/or retain a signing bonus may not be conditioned on the player's participation in voluntary off-season programs or voluntary minicamps, or for adverse public statements, provided that the Club may have non-proratable participation bonuses for its off-season workout program.
* * *
(g) For purposes of this Section 9, the terms "proportionate forfeitures" and "proportionate amount" mean 1/17th of that year's signing bonus allocation for each regular season week or game missed."
______________________________________________
I think there's good news and bad news. Under the bolded portion above, the good news is that there's a plausible argument that Albert may already have "willfully take[n] action that has the effect of substantially undermining his ability to fully participate and contribute in . . . pre-season training camp"--i.e., by refusing to show up to any voluntary practices or mandatory mini-camp and not preparing for training camp and by making clear that he will not play the position the coaches ask him to play, he's already violated this standard.
The bad news is the italicized portion: it seems to limit forfeiture to conduct that occurs after the beginning of training camp (though it could go from 25% to 100% with the second incident, so we could seek it all back relatively soon after training camp starts, I'd think).