ARTICLE XIX:
UNION SECURITY, DUES AND CHECK-OFF
INDEX
Section 1. Membership
Section 2. Check-off
Section 3. Enforcement
Section 4. No Liability
Section
1. Membership.
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”).
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Section 2. Check-off.
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.
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Section 3. Enforcement.
(a) 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.
(b) 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.
(c) Other than pursuant to Section 2 above, no Team
shall pay any initiation fees, dues, or financial core
fees on behalf of any player.
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Section 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.
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