[外絮] Larry Coon 的 D-M0 合约评论

楼主: Jeffy (杰飞)   2016-12-07 18:53:36
http://cbafaq.com/blog/?p=381
What is Motiejunas doing?
D-Mo 在干嘛?
As reported by Yahoo! Sports, Donatas Motiejunas has refused to report to the
Rockets for a physical exam.
根据雅虎运动的报导,D-Mo拒绝向火箭队报到,以进行体检。
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员。他在十二月二日,跟篮网签下了 offer sheet,火箭
有七十二小时可以选择是否跟进。如果火箭跟进,他们可以用“与篮网的合约的‘主
要内容’的条件”留下D-Mo。如果火箭不跟进,那张 offer sheet 就变成正式合约。
(译注:“跟进合约”对小弟来讲,一直是很谜的点,但照 Larry Coon 近几篇文章
的说法,母队跟进的条件,只限于合约总额、球员/球队选项、不保证金额的启动时间
点等等;但是在 bonus、付款条件等等,这些不需要跟 offer sheet 相同,母队可以
不跟进非 principal terms 的内容)
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,行使了优先续约权。球队在行使此权力的时候,可以把“球员通过
体检”当成先决条件,而火箭就正在这么做。球员必须在(母队优先续约后的)两天内
报到,并完成体检等等程序。
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跟他的经纪人 B.J. Armstrong 明显有别的打算了。依照雅虎的报导,
D-Mo 拒绝向火箭报到并接受体检,而从这里开始,事情就变得诡异了:
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讲的“权力”指的是什么。受限制自由球员
的规则,很明确的写在CBA 里面,而球员也共同同意了这些规则。(D-Mo方)试着摆脱
这些规范,这跟球员们同意的CBA的精神、意图、跟书面规范都是违背的。
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:
我讲的是以下的规则(下一段)。我认定的前提是火箭的合格报价已经正式提出、篮网
的offer sheet正式提出、而火箭的优先续约权也正式提出,而且前提是D-Mo 必须通过
球队的体检。
(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.
(干,这段有够长)
任何行使优先续约权的球队,都有权完全依自己的判断,为优先续约权的行使,设下
球员应该报到跟体检的条件;由母队指派的医生,会在行使优先续约权的两天内,为
球员进行体检。关于体检的内容,球员必须提供母队所有合理的资讯、回答完整且真
实的身体状况、并同意进行所有必要的检测。
如果球员没有通过体检,母队可以选择在体检完成的两天内,撤回优先续约权;当母
队以未通过体检为理由,撤回优先续约权时,该球员签下的 offer sheet会被认定为
新球队与球员的正式合约。
如果球员拒绝在两天内报到并体检,那么在球员完成体检手续之前,母队的“优先续
约权前提”(体检要求)会持续生效,除非母队自愿放弃优先续约权;此时,(球员
拒绝报到体检,而且母队放弃优先续约)原本签好的 offer sheet会变成无效,而且
发出 offer sheet的球队,会在母队撤回优先续约权的一年内,不得签下或交易来该
球员。如果球员没有在三月一号前接受体检,offer sheet 会被认定为无效,而发出
offer sheet 的球队,会在该三月一日起算的一年内,不得签下或交易该球员。(以
D-Mo的案子,若这个状况发生,指的是篮网在2018/3/1之前,不得用任何方式,把
D-Mo)放进自己的 roster。
So, summarizing what the rule says:
简单说,规则是这样:
Houston is allowed to make its first refusal exercise notice contingent
on Motiejunas passing a physical.
火箭有权力要求D-Mo进行体检,以行使自己的优先续约权。
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.
球员必须在两天内配合体检。
If Motiejunas doesn’t report for his physical, Houston’s first refusal
exercise notice remains in effect until he does.
如果 D-Mo 拒绝接受火箭体检,火箭的优先续约权仍然有效,
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拒绝接受火箭的体检,让火箭有权撤回优先续约权。如果火箭撤回,这
会让篮网的 offer sheet 失效,D-Mo的身份回到受限制自由球员。
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.
如果上面那一段的状态发生(懒得全翻),篮网在一年内不得取得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.
所以火箭现在有两个选择:一,坐着看好戏。 直到D-Mo报到体检以前,他们的优先
续约权都是有效的。D-Mo现在不能跟任何球队签约、也不能到别的地方打球,包括篮网。
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,火箭可以撤回优先续约权,让D-Mo回到受限制自由球员的身份,但他不能再跟篮网
签;而且,假使D-Mo不愿意直接跟火箭签约、(回到RFA身份后)不签下新的offer sheet
,火箭在明年还是可以再发一份合格报价给他,D-Mo在2017的自由球员市场,仍然会是
受限制自由球员。
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面对的状况可能更糟:CBA也规定,在赛季开始的三十天内,如果球员拒绝提供
合约规定的劳务(打球)或履行CBA规定的责任,球员在该赛季不得请求报酬。要特别
注意的是,当火箭行使优先续约权时,不管D-Mo本人的意愿是什么,他跟火箭就已经在
合约状态中了,如果D-Mo继续拒绝报到,火箭可以行使所有相关惩罚的条款,包括撤回
优先续约权。
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?
这些规定,对我(Larry Coon)来说是相当明确的,所以我不确定Armstrong讲的
“权力”是什么东西。或许 Armstrong真正想要的是让火箭撤回,然后跟火箭重新
谈另一份更好的合约。但是当火箭有一堆牌可以出的时候,为什么他们需要随着
D-Mo起舞,签下一份对自己更差的合约呢?
Armstrong isn’t exercising a right. He’s trying to strong-arm a team.
Armstrong 并不是在行使“权力”,他只是试着用蛮力去对付球队而已。
作者: c8c812345678 (c8c8 /)   2016-12-07 19:04:00
感谢翻译
作者: jasonchen525 (阿捷)   2016-12-07 19:52:00
公牛的B.J. Armstrong 跑去当经纪人?

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