http://cbafaq.com/blog/?p=381
What is Motiejunas doing?
D-Mo 在幹嘛?
As reported by Yahoo! Sports, Donatas Motiejunas has refused to report to the
Rockets for a physical exam.
根據雅虎運動的報導,D-Mo拒絕向火箭隊報到,以進行體檢。
Motiejunas is the Rockets’ restricted free agent. He signed an offer sheet
with the Nets on December 2, which starts a 72-hour clock for the Rockets to
match. If the Rockets match, they keep Motiejunas on the same principal terms
as Brooklyn’s offer sheet. If the Rockets don’t match, the offer sheet
becomes a contract with the Nets.
D-Mo是火箭的受限制自由球員。他在十二月二日,跟籃網簽下了 offer sheet,火箭
有七十二小時可以選擇是否跟進。如果火箭跟進,他們可以用「與籃網的合約的『主
要內容』的條件」留下D-Mo。如果火箭不跟進,那張 offer sheet 就變成正式合約。
(譯註:「跟進合約」對小弟來講,一直是很謎的點,但照 Larry Coon 近幾篇文章
的說法,母隊跟進的條件,只限於合約總額、球員/球隊選項、不保證金額的啟動時間
點等等;但是在 bonus、付款條件等等,這些不需要跟 offer sheet 相同,母隊可以
不跟進非 principal terms 的內容)
The Rockets chose to match on December 5, by issuing a First Refusal Exercise
Notice. A team is allowed to condition its exercise of first refusal rights
on the player passing a physical exam, and apparently the Rockets did just
that. The player is required to report for his physical within two days, and
must comply with the process.
火箭在十二月五日,行使了優先續約權。球隊在行使此權力的時候,可以把「球員通過
體檢」當成先決條件,而火箭就正在這麼做。球員必須在(母隊優先續約後的)兩天內
報到,並完成體檢等等程序。
However, Motiejunas and his agent, B.J. Armstrong, apparently have other
ideas. As reported by Yahoo!, Motiejunas is refusing to report for his
physical. And here’s where it gets weird:
然而,D-Mo跟他的經紀人 B.J. Armstrong 明顯有別的打算了。依照雅虎的報導,
D-Mo 拒絕向火箭報到並接受體檢,而從這裡開始,事情就變得詭異了:
I’m not entirely sure what “rights” Armstrong is referring to. The rules
for restricted free agency are laid out pretty clearly in the CBA, and the
players (collectively) agreed to those rules. Trying to get out of that
arrangement goes against the spirit, intent and letter of restricted free
agency, to which the players agreed.
我(Larry Coon)不是很清楚,Armstrong講的「權力」指的是什麼。受限制自由球員
的規則,很明確的寫在CBA 裡面,而球員也共同同意了這些規則。(D-Mo方)試著擺脫
這些規範,這跟球員們同意的CBA的精神、意圖、跟書面規範都是違背的。
Here’s the rule I’m referring to. I’m assuming that Houston’s qualifying
offer was properly executed, Brooklyn’s offer sheet was properly executed,
Houston’s first refusal exercise notice was properly executed, and that
Houston conditioned its first refusal exercise notice on Motiejunas passing a
physical:
我講的是以下的規則(下一段)。我認定的前提是火箭的合格報價已經正式提出、籃網
的offer sheet正式提出、而火箭的優先續約權也正式提出,而且前提是D-Mo 必須通過
球隊的體檢。
(h) Any Team may condition its First Refusal Exercise Notice on the
player reporting for and passing, in the sole discretion of the Team, a
physical examination to be conducted by a physician designated by the Team
within two (2) days from its exercise of the Right of First Refusal. In
connection with the physical examination, the player must supply all
information reasonably requested of him, provide complete and truthful
answers to all questions posed to him, and submit to all examinations and
tests requested of him. In the event the player does not pass the physical
examination: (i) the ROFR Team may withdraw its First Refusal Exercise Notice
within two (2) days following the date upon which such physical examination
is conducted; and (ii) if the First Refusal Exercise Notice is withdrawn, the
player and the New Team shall be deemed to have entered into a Player
Contract in accordance with the provisions of Section 5(f) above. In the
event the player does not submit to the requested physical examination within
two (2) days of the exercise of the Right of First Refusal then, until such
time as the player submits to the requested physical examination and is
notified of the results, the ROFR Team’s conditional First Refusal Exercise
Notice shall remain in effect, except that the ROFR Team may elect at any
time to withdraw its First Refusal Exercise Notice, which shall have the
effect of invalidating the Offer Sheet and causing the Team that issued the
Offer Sheet to be prohibited from signing or acquiring the player for a
period of one (1) year from the date the First Refusal Exercise Notice was
withdrawn. If the player does not submit to the requested physical
examination on or before March 1, the Offer Sheet shall be deemed invalid and
the Team that issued the Offer Sheet shall be prohibited from signing or
acquiring the player for a period of one (1) year from such March 1.
(乾,這段有夠長)
任何行使優先續約權的球隊,都有權完全依自己的判斷,為優先續約權的行使,設下
球員應該報到跟體檢的條件;由母隊指派的醫生,會在行使優先續約權的兩天內,為
球員進行體檢。關於體檢的內容,球員必須提供母隊所有合理的資訊、回答完整且真
實的身體狀況、並同意進行所有必要的檢測。
如果球員沒有通過體檢,母隊可以選擇在體檢完成的兩天內,撤回優先續約權;當母
隊以未通過體檢為理由,撤回優先續約權時,該球員簽下的 offer sheet會被認定為
新球隊與球員的正式合約。
如果球員拒絕在兩天內報到並體檢,那麼在球員完成體檢手續之前,母隊的「優先續
約權前提」(體檢要求)會持續生效,除非母隊自願放棄優先續約權;此時,(球員
拒絕報到體檢,而且母隊放棄優先續約)原本簽好的 offer sheet會變成無效,而且
發出 offer sheet的球隊,會在母隊撤回優先續約權的一年內,不得簽下或交易來該
球員。如果球員沒有在三月一號前接受體檢,offer sheet 會被認定為無效,而發出
offer sheet 的球隊,會在該三月一日起算的一年內,不得簽下或交易該球員。(以
D-Mo的案子,若這個狀況發生,指的是籃網在2018/3/1之前,不得用任何方式,把
D-Mo)放進自己的 roster。
So, summarizing what the rule says:
簡單說,規則是這樣:
Houston is allowed to make its first refusal exercise notice contingent
on Motiejunas passing a physical.
火箭有權力要求D-Mo進行體檢,以行使自己的優先續約權。
The player must submit to and cooperate with his physical, which is to
take place within two days of the exercise of the first refusal exercise
notice.
球員必須在兩天內配合體檢。
If Motiejunas doesn’t report for his physical, Houston’s first refusal
exercise notice remains in effect until he does.
如果 D-Mo 拒絕接受火箭體檢,火箭的優先續約權仍然有效,
However, Motiejunas’ refusal to submit for his physical gives the
Rockets the option of withdrawing its first refusal exercise notice. If the
Rockets withdraw its first refusal exercise notice, it invalidates Brooklyn’s
offer sheet as well, and Motiejunas returns to restricted free agency.
然而,D-Mo拒絕接受火箭的體檢,讓火箭有權撤回優先續約權。如果火箭撤回,這
會讓籃網的 offer sheet 失效,D-Mo的身份回到受限制自由球員。
If the first refusal exercise notice is withdrawn, Brooklyn’s offer
sheet is invalidated and Motiejunas returns to restricted free agency,
Brooklyn can’t sign or acquire him for one year.
如果上面那一段的狀態發生(懶得全翻),籃網在一年內不得取得D-Mo。
So the Rockets have two options at this point. First, they can just sit
tight. Their first refusal exercise notice remains in effect until Motiejunas
decides to report. He can’t sign or play anywhere else, including Brooklyn,
in the meantime.
所以火箭現在有兩個選擇:一,坐著看好戲。 直到D-Mo報到體檢以前,他們的優先
續約權都是有效的。D-Mo現在不能跟任何球隊簽約、也不能到別的地方打球,包括籃網。
Second, the Rockets could withdraw its first refusal exercise notice, putting
Motiejunas right back where he started — except Brooklyn is no longer an
option. And if he doesn’t sign with the Rockets directly, or sign an offer
sheet with another team in the meantime, then the Rockets can issue another
qualifying offer to make him a restricted free agent in 2017.
二,火箭可以撤回優先續約權,讓D-Mo回到受限制自由球員的身份,但他不能再跟籃網
簽;而且,假使D-Mo不願意直接跟火箭簽約、(回到RFA身份後)不簽下新的offer sheet
,火箭在明年還是可以再發一份合格報價給他,D-Mo在2017的自由球員市場,仍然會是
受限制自由球員。
And it could get worse for him. The CBA also says a player shall not receive
credit for a year of service for any year in which he “…withholds playing
services called for by a Player Contract or this Agreement for more than
thirty (30) days after the Season begins.” It’s important to note here that
the rules for restricted free agency say that when a team issues a first
refusal exercise notice, the player and team “…shall be deemed to have
entered into a Player Contract.” Motiejunas is, for all intents and
purposes, under contract with the Rockets now, and the Rockets have all the
rules related to player discipline for failure to report at their disposal
(along with the right to kick him to the curb by withdrawing their first
refusal exercise notice).
而D-Mo面對的狀況可能更糟:CBA也規定,在賽季開始的三十天內,如果球員拒絕提供
合約規定的勞務(打球)或履行CBA規定的責任,球員在該賽季不得請求報酬。要特別
注意的是,當火箭行使優先續約權時,不管D-Mo本人的意願是什麼,他跟火箭就已經在
合約狀態中了,如果D-Mo繼續拒絕報到,火箭可以行使所有相關懲罰的條款,包括撤回
優先續約權。
This all seems pretty clear to me, so I’m still not sure what “rights”
Armstrong is referring to. Maybe his end game is to get the Rockets to
withdraw its first refusal exercise notice, and then Armstrong and the
Rockets negotiate a separate contract that is more favorable to Motiejunas.
But why should the Rockets let a player leverage them into signing a
different contract that’s less favorable to the team, when the team holds
all the cards here?
這些規定,對我(Larry Coon)來說是相當明確的,所以我不確定Armstrong講的
「權力」是什麼東西。或許 Armstrong真正想要的是讓火箭撤回,然後跟火箭重新
談另一份更好的合約。但是當火箭有一堆牌可以出的時候,為什麼他們需要隨著
D-Mo起舞,簽下一份對自己更差的合約呢?
Armstrong isn’t exercising a right. He’s trying to strong-arm a team.
Armstrong 並不是在行使「權力」,他只是試著用蠻力去對付球隊而已。