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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Aug. 26, 1998)
ittalion s ports Page 13 • Wednesday, August 26, 1998 A players argue “language” with owners )eriod in Fe[-j )ana yer of the^ n tract, Wilkin: ion, five-yen] 'timer has e line. YORK (AP) — NBA players, [aseball players, routinely sign s that do not mention what in the event of a lockout. |s ^ gray area that has become million skirmish as the NBA drags on. ack of lockout language in cohtracts—with the exception iden Polynice’s deal with Sacra- ked next-i; (ito—was one of the arguments percentage, mion made Monday at an arbi- y Ellard, the on hearing on its contention chael Wesib > wners must pay salaries due wide ret: • 'guaranteed contracts during ack of the!! ock()Ut - ms in eaclif h e fi rst session lasted 7 1/2 | with commissioner David n the only witness, lie hearing resumed this morn- and the sides planned to decide ay whether to reconvene later week or next week. Polynice contract could be because the union claims ers should have protected Ives with lockout language, ball owners do. leen a weapi issedsixgai® ained le last year. : were 2-4. The union will try to convince ar bitrator John Feerick, who ruled in the Latrell Sprewell case, that the ex plicit lockout language in the Polyn ice contract — and the lack of it in every other contract — makes those deals payable. “We’ve discovered that there are two specific con tracts, as opposed to the other 409, that do in fact contain lockout language,” union director Billy Hunter said. “Keep in mind that in each instance the commis sioner and league office sanctioned these contracts.” The Polynice clause pro tected the Kings from losing any money they had already paid him in the event games were can celed due to a work stoppage — whether a strike or a lockout. Shawn Kemp of Cleveland is the only other NBA player with any type of lockout language in his contract, but his clause is more complicated than Polynice’s. Agent Keith Glass, who negotiat ed the contract for Polynice, said the Kings insisted upon the strike-lock- out language because they feared the players would strike in 1995. “I took a gamble agree ing to the clause, but I knew the players wouldn’t strike,” Glass said Monday before departing for Munich, where he was available to be deposed by telephone today if needed. “It’s funny how these things work out. It looks like this gamble was worth it,” Glass said. Polynice became a free agent July 1 when the Kings opted out of the final season of the five-year, $15 million deal, so the lan guage in question has become moot. The league claims the Polynice language relates only to the possi bility of the repayment of a $500,000 advance the player received when he signed his contract. There is no precedent in sports law regarding liability for guaran teed contracts during a lockout. No union has ever filed such a claim — including the NBA players who were locked out in the summer of 1995. Lawyers for the league presented case history to support their argu ment that the very essence of a lock out is the fact that employees don’t get paid. “There may not be a specific precedent for this,” Hunter said. “But the reality is that there are other cas es that we are able to cite where the courts have ruled that individualized contracts not only supersede collec tive bargaining agreements, but in fact that there’s an obligation to pay once an agreement has expired.” Feerick’s ruling is expected in early September. If the owners lose, they would have to go to court and ask a judge for a restraining order to avoid pay ing about $800 million in salaries for some 220 players who have guaranteed contracts for the 1998- 99 season. We're Different. Let us tell you how. 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