The other point of contention between the league and the player's association
is the draft. The NBAPA argues that the draft is unfair, and that any player
should be free to negotiate with any team, including rookies. The league
counters that the draft is a useful instrument in achieving parity, as it gives
weaker teams a chance to develop younger talent. In my opinion, both sides have
a point, thus I propose the following compromise:
1) Restricted free agency, and the right of first refusal, shall be
2) The draft will be two rounds, with each team being able to pick one
player in each round. Teams may exchange and/or option their picks,
with the following exceptions:
a) No team may go two consecutive years without a first round
pick, or make any trades which cause them to be in violation of this
b) No team may make any trades which would cause another team to
lose rights previously granted, when exercise of those rights would
cause a team to be in violation of (a) above.
3) Teams may sign their own draft choices without regard to any salary
cap or payroll limitation.
4) Teams may sign the draft choices of other teams, under the following
a) All such contracts will be goverened by any salary cap or
payroll limitiation as negotiated by the league and its teams
and the players.
b) After such contract is signed, it will not become effective for
one week. During this week, the team which selected the player
in the draft will have exclusive rights to negotiate with the
player, if player and team agree to do so. If an agreement is
reached, then this agreement becomes valid, and the other
contract negotiated shall become null and void.
c) If such contract is signed, and both the player and the team
which selected him agree to waive the one week negotiation
period, then the contract shall become effective immediately.
d) In all cases where a player negotiates a contract with a team
other than that which selected him, the team which selected him
will be entitled to compensation, by the team which signs the
player in question. Compensation will be determined by the
following schedule, depending on where in the draft the player
in question was selected.
i) If the player was selected with the first (1st) through
fifth (5th) pick of the draft, the selecting team shall
be entitled to its choice of any player on under contract
with the signing team (excepting the player drafted), OR
the next two first-round picks owned by the signing team,
such that neither (2a) or (2b) are violated, OR a cash
ii) If the player was selected with the sixth (sixth) through
seven***th (17th) pick of the draft, the selecting team
shall be entitled to its choice of any player under
contract with the signing team, excepting the player
drafted, and one player which the signing team may protect,
OR, the next first round pick and the next second round
pick owned by the signing team, such that neither (2a) or
(2b) are violated, ORA a cash settlement.
iii) If the player was selected with the eigh***th (18th)
through twenty-ninth (29th) pick of the draft, the
selecting team shall be entitled to its choice of any
player under contract with the signing team, excepting the
player drafted, and two other players which the signing
team may protect, OR, the next first round pick owned by
the signing team, such that neither (2a) or (2b) are
violated, OR a cash settlement.
iv) If the player was selected with the thirtieth (30th) pick
or higher, the selecting team shall be entitled to its
choice of any player under contract with the signing team,
excepting the player drafter, and three other players
which the signing team may protect, OR, the next second
round pick owned by the signing team, OR a cash settlement.
e) If the signing team disapproves of the drafting team's choice
of compensation, than they may void the contract.
f) The drafting team has no right of first refusal, only the right
to a negotiation period, and the right to expect compensation.
g) If a player is taken as compensation as outlined in (d), the
transaction will be made without regard to any salary cap or
5) Undrafted players may be signed by any team, without compensation due
any other. All such contracts are goverened by any salary cap or
payroll limitation, as negotiated by the league, its teams, and its
Basically what this says is:
Part 1 ends restricted free agency.
Part 2 continues the draft. 2a is the Ted Stepien rule, and 2b bans trades
which would cause any team to be in violation of 2a if options they owned are
exercised. (In other words, if Golden State owns the choice of Phoenix's
first round pick in either 1994 or 1995, Phoenix may not trade its first round
pick in 1996, as this would cause Phoenix to be in violation of the Ted Stepien
rule if Golden State opts for Phoenix's 1995 pick.)
Part 3 exempts draft choices from the salary cap.
Part 4 details the process by which teams may sign OTHER teams free agents.
4a states that these transactions ARE covered by the salary cap. 4b provides
for a one-week "are you sure" period, where the drafting team may try to
convince the player to change his mind. 4c allows this period to be waived if
both sides agree. 4d establishes compensation for the drafting team--either
a player, a package of draft picks, or cash. (Remember, next year there will
be 29 teams drafting, as Vancouver and Toronto join the league.) 4e states that
the team which signs another teams draft choice may change their mind if they
don't like the compensation selected. 4f reiterates that the drafting team has
no right of first refusal, only the right to be compensated. 4g states that
any player transactions as a result of compensation are not goverened by the
Part 5 states that undrafted rookies may be signed by anyone, and that these
contracts are governed by the salary cap.
Questions and comments????