The CBA Glossary
An explainer thing for the NBA's Collective Bargaining Agreement
Awards and eligibility
A recent invention of the NBA's CBA - and not a popular one with the public - is the idea of specific eligibility criteria for the end-of-season awards. Brought in as an attempted bulwark against players sitting games when healthy, the measures have proven unpopular in their rigid application, and how it penalised bad luck.
That said, that perceived rigidity is not entirely true, as will be explored below.
Eligibility Grievances Extraordinary circumstances BonusesEligibility
The broad rule is that no player is eligible for Most Valuable Player, Defensive
Player of the Year, Most Improved Player, an All-NBA Team selection or an
All-Defensive Team selection - collectively known in the CBA as the "Generally
Recognized League Honors" - unless they did either of the following: ⓘArticle I
(Definitions) Section 1 (Definitions):
(ccc) “Generally Recognized League Honors” means the following
NBA league honors awarded to players: NBA Most Valuable Player; NBA
Finals Most Valuable Player; NBA Defensive Player of the Year; NBA Sixth
Man Award; NBA Most Improved Player; All-NBA Team (First, Second, or
Third); NBA All-Defensive Team (First or Second); and All-Star Team
Selection.
● Played in at least
65 regular season games that season, or; ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League Honors):
(a) Award Eligibility. No player shall be eligible for NBA Most
Valuable Player, NBA Defensive Player of the Year, NBA Most Improved
Player, All-NBA Team (First, Second, or Third), or NBA All-Defensive
Team (First or Second) honors (the “Applicable Generally Recognized
League Honors”) for a Season unless the player has satisfied at least one of
the following criteria (the “Award Eligibility Criteria”) in respect of such
Season: (1) the player played in at least sixty-five (65) Regular Season games;
or (2) the player (A) played in at least sixty-two (62) Regular Season games,
(B) suffered a “season-ending injury” (as defined below), and (C) played in
at least eighty-five percent (85%) of the Regular Season games played by his
Team prior to the player suffering such injury.
● Played at least
62 regular season games, suffers a season-ending injury, and had appeared
in at least 85% of their team's games before that injury occurred. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League Honors):
(a) Award Eligibility. No player shall be eligible for NBA Most
Valuable Player, NBA Defensive Player of the Year, NBA Most Improved
Player, All-NBA Team (First, Second, or Third), or NBA All-Defensive
Team (First or Second) honors (the “Applicable Generally Recognized
League Honors”) for a Season unless the player has satisfied at least one of
the following criteria (the “Award Eligibility Criteria”) in respect of such
Season: (1) the player played in at least sixty-five (65) Regular Season games;
or (2) the player (A) played in at least sixty-two (62) Regular Season games,
(B) suffered a “season-ending injury” (as defined below), and (C) played in
at least eighty-five percent (85%) of the Regular Season games played by his
Team prior to the player suffering such injury.
For the purposes of this award
eligibility, "season-ending injury" is defined very narrowly. It
is not enough that a player simply misses the rest of the regular season -
instead, a doctor jointly selected by the NBA and the Players Association
must conclude that the injury makes it substantially more likely than not
that the player would be unable to play through 31st May. In other words,
the injury must be serious enough that it would likely keep him out well into
the postseason. ⓘArticle XXIX
(Miscellaneous) Section 6 (Games Played Requirement for Certain League Honors):
(a)(i) For purposes of this Section 6, and notwithstanding
anything to the contrary in this Agreement:
(A) A “season-ending injury” is an injury that, in the
opinion of a physician jointly selected by the NBA
and Players Association, makes it substantially more
likely than not that the player would be unable to
play through the May 31 following the date of such
injury [...]
Additionally, to count as having
"played" in a game, the player must log at least 20 minutes, and
are allowed only up to two occasions per season in which a game counts even
if they played between 15 and 19 minutes and 59 seconds. Therefore, a player
who appears in 65 games but plays only 12 minutes in ten of them would not
satisfy the eligibility requirement. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(a)(i) For purposes of this Section 6, and notwithstanding
anything to the contrary in this Agreement:
[...] (B) A player shall be considered to have played in a
Regular Season game if he played at least twenty (20)
minutes of such game, provided that in respect of no
more than two (2) Regular Season games per Season,
such player will be considered to have played in a
Regular Season game if he played at least fifteen (15)
minutes and fewer than twenty (20) minutes in such
game.
Grievances
The CBA recognises that unusual
situations can arise, so it creates two separate appeal mechanisms. A player
may use one or the other, but never both in the same season. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(a)((ii) A player who fails to satisfy the Award Eligibility Criteria in a
Season may nonetheless be deemed eligible for the Applicable Generally Recognized
League Honors if he prevails in either an Award Eligibility Grievance or an
Extraordinary Circumstances Challenge in respect of such Season in accordance
with the procedures set forth in Sections 6(b) and 6(c) below. A player may
not bring both an Award Eligibility Grievance and an Extraordinary Circumstances
Challenge in respect of the same Season.
The first is an Award Eligibility
Grievance, and is intended for situations where a team deliberately keeps
a player below the threshold. To win such a case, the player must prove by
clear and convincing evidence that the team intentionally limited his games
or minutes specifically to prevent him from qualifying for award eligibility
(certain contract bonuses would call for a player to get a pay rise if they
win one of these awards, hence why it would benefit a team to stop their player
from being eligibile from doing so; see below). Simply disagreeing with load
management decisions is not enough - the player must show a deliberate effort
to deprive him of award consideration. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(b) Award Eligibility Grievance.
(i) To prevail in an Award Eligibility Grievance in respect of a
Season, the player bears the burden of proving, by clear and
convincing evidence, that the Team willfully limited the
player’s number of minutes played or games played during
the Regular Season with the intention of depriving the player
of eligibility for one or more of the Applicable Generally
Recognized League Honors for such Season. [...]
A successful grievance does not
result in money damages, loss of draft picks or other penalties. The only
remedy is that the player is deemed eligible for the award/awards. However,
the NBA remains free to discipline the team separately if it believed the
team's conduct was detrimental to the league. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(b) Award Eligibility Grievance.
(i) [...] If the player
satisfies the burden and prevails in the proceeding, the sole
remedy shall be that the player is deemed eligible for the
Applicable Generally Recognized League Honors. For
clarity, neither the foregoing sentence nor anything else in
this Agreement shall limit or otherwise affect the right of the
NBA to impose discipline on a Team for conduct prejudicial
or detrimental to the best interests of the NBA in the event
a player prevails in an Award Eligibility Grievance against
such Team.
This type of grievance is available only when the awards in question could
have a meaningful financial impact on the player. Specifically, as above,
the player must be in a situation where earning one of those honors could
affect his eligibility for a higher maximum salary, a Designated Veteran Player
Contract, or a Designated Veteran Player Extension. In other words, the procedure
exists to protect players whose future earnings may be tied to award voting. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(b) Award Eligibility Grievance.
(ii) Award Eligibility Grievances shall be heard by the System
Arbitrator.
(iii) Notwithstanding any of the other provisions of this
Agreement, the procedures set forth in this Section 6(b) shall
apply to the resolution of Award Eligibility Grievances. If
in connection with such disputes, there is any conflict
between the procedures set forth in this Section 6(b) and
those set forth elsewhere in this Agreement, the procedures
set forth in this Section shall control.
(iv) A player may only bring an Award Eligibility Grievance in
respect of a Season if being awarded one of the Applicable
Generally Recognized League Honors in such Season could
impact whether the player is or could become eligible:
(A) Pursuant to Article II, Section 7(a)(i), to enter into a
Contract or Extension with a Maximum Annual
Salary in the first year covered by the Contract or
extended term, as applicable, in excess of twenty-five
percent (25%) of the Salary Cap by virtue of
satisfying the Higher Max Criteria;
(B) Pursuant to Article II, Section 7(a)(ii), to enter into a
Designated Veteran Player Contract; or
(C) Pursuant to Article II, Section 7(e), to enter into a
Designated Veteran Player Extension.
The grievance process is designed to move extremely quickly. A player must
file within two days after it becomes mathematically impossible for him to
reach 65 qualifying games and, in all cases, no later than the day after the
regular season ends, and evidence must be exchanged almost immediately. The
dispute is heard by the System Arbitrator, generally within two days, by videoconference,
with a hearing lasting no more than one day, and the arbitrator must then
issue a decision the following day. The ruling is final and cannot be appealed. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(b) Award Eligibility Grievance.
(v) An Award Eligibility Grievance must be brought by a player
within two (2) days of the date on which it becomes
mathematically impossible for the player to play sixty-five
(65) Regular Season games in a Season; provided, however,
that any such Grievance must be initiated no later than
11:59 p.m. eastern time on the day following the last day of
the Regular Season.
(vi) A player may initiate an Award Eligibility Grievance against
a Team by serving a written notice thereof on the Team, with
a copy of such written notice to be filed with the System
Arbitrator, the Players Association, and the NBA. Such
written notice shall be accompanied by a witness list,
relevant documents, and other evidentiary materials on
which the player intends to rely in his affirmative case. No
later than 11:59 p.m. eastern on the date following the date
on which the Team received written notice of the Award
Eligibility Grievance, the Team shall provide to the player,
the NBA, and the Players Association a witness list, relevant
documents, and other evidentiary materials on which the
Team intends to rely in its affirmative case. Absent a
showing of good cause, no party may proffer, refer to, or
rely on the testimony of any witness, document, or other
evidentiary material in its affirmative case that has not been
identified to the other side as required by this
Section 6(b)(vi).
(vii) The System Arbitrator shall convene a hearing at the earliest
possible time, but in no event later than two (2) days
following the System Arbitrator’s receipt of notice of the
Award Eligibility Grievance. The hearing shall take place by
videoconference and shall last no longer than one (1) day.
The Players Association, the NBA, and the player and Team
that are parties to the proceeding shall each have the right to
participate in the hearing.
(viii) The System Arbitrator shall render a decision not later than
the day following the date of the hearing, and the decision
shall be accompanied by a written opinion. Notwithstanding
the foregoing, if the System Arbitrator determines that
expedition so requires, he/she shall accompany the decision
with a written summary of the grounds upon which the
decision is based, and a full written opinion may follow
within a reasonable time thereafter. The decision of the
System Arbitrator shall constitute full, final, and complete
disposition of the dispute and shall be binding upon the
parties to this Agreement, and the player and Team that are
parties to the proceeding, and there shall be no appeal to the
Appeals Panel.
(ix) Should circumstances warrant, each of the deadlines set
forth in this Section 6(b) may be reasonably modified by
agreement of the NBA and Players Association.
Extraordinary circumstances
The second mechanism is known as an "Extraordinary Circumstances Challenge". This is not aimed at team misconduct, unlike the above. Instead, it addresses situations where unusual events outside the player's control prevented him from reaching the threshold.
To prevail, the player must prove three things.
● Extraordinary circumstances made it
impracticable for him to play in one or more missed games. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(c) Extraordinary Circumstances Challenge.
(i) To prevail in an Extraordinary Circumstances Challenge in
respect of a Season, the player bears the burden of proving
that:
(A) Due to extraordinary circumstances, it was
impracticable for him to play in one (1) or more of
the Regular Season game(s) that he missed during
such Season;[...]
● Had those extraordinary circumstances
not occurred, he would have reached the 65-game requirement. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(c) Extraordinary Circumstances Challenge.
(i) To prevail in an Extraordinary Circumstances Challenge in
respect of a Season, the player bears the burden of proving
that:
[...] (B) He would have satisfied the Award Eligibility
Criterion set forth in Section 6(a)(1) above if he had
played in every game that he missed due to the
extraordinary circumstances (i.e., assuming that he
would have played twenty (20) minutes in each such
missed game) [...]
● Considering all the circumstances, it would be unfair to exclude him from
award eligibility. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(c) Extraordinary Circumstances Challenge.
(i) To prevail in an Extraordinary Circumstances Challenge in
respect of a Season, the player bears the burden of proving
that:
[...] (C) As a result of the extraordinary circumstances, and
taking into account the totality of the circumstances,
including whether the player did not play in other
Regular Season games in which he could have played
during such Season, it would be unjust to exclude the
player from eligibility for the Applicable Generally
Recognized League Honors for such Season.
This is a high bar, which is intentional.
A player cannot simply point to a handful of missed games and ask for an exception.
The challenge is reserved for genuinely unusual situations where strict application
of the rule would produce an unjust result. If successful, the only remedy
is the same as in a grievance proceeding - the player is deemed eligible for
the awards. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(C)(ii) If the player satisfies the burden and prevails in the
proceeding, the sole remedy shall be that the player is
deemed eligible for the Applicable Generally Recognized
League Honors.
Extraordinary Circumstances Challenges
are heard by an independent expert jointly selected by the NBA and the Players
Association, and like grievances, the process is heavily expedited. Challenges
may be filed only at the very end of the regular season, hearings must occur
within two days, and decisions must generally be issued the next day, with
the ruling being final. ⓘArticle
XXIX (Miscellaneous) Section 6 (Games Played Requirement for Certain League
Honors):
(C)(iii) Extraordinary Circumstances Challenges shall be heard by
an independent expert jointly selected by the NBA and
Players Association (the “Challenge Expert”).
(iv) Notwithstanding any of the other provisions of this
Agreement, the procedures set forth in this Section 6(c) shall
apply to the resolution of Extraordinary Circumstances
Challenges. If in connection with such disputes, there is any
conflict between the procedures set forth in this Section 6(c)
and those set forth elsewhere in this Agreement, the
procedures set forth in this Section shall control.
(v) An Extraordinary Circumstances Challenge must be brought
by a player in respect of a Season no earlier than 12:00 p.m.
eastern time on the last day of the Regular Season and no
later than 11:59 p.m. eastern time on the day following the
last day of the Regular Season.
(vi) A player may initiate an Extraordinary Circumstances
Challenge by serving a written notice thereof on the NBA
and his Team, with a copy of such written notice to be filed
with the Challenge Expert and the Players Association. The
NBA may provide notice thereof to any Team with which
the player was under contract during the Season. The
player’s written notice shall be accompanied by a witness list,
relevant documents, and other evidentiary materials on
which the player intends to rely in his affirmative case. No
later than 11:59 p.m. eastern on the date following the date
on which the Team received written notice of the
Extraordinary Circumstances Challenge, the Team shall
provide to the player, the NBA, and the Players Association
a witness list, relevant documents, and other evidentiary
materials (if any) on which the Team intends to rely in its
affirmative case (if any). Absent a showing of good cause,
neither the player nor the Team may proffer, refer to, or rely
on the testimony of any witness, document, or other
evidentiary material in its affirmative case that has not been
identified as required by this Section 6(c)(vi).
(vii) The Challenge Expert shall convene a hearing at the earliest
possible time, but in no event later than two (2) days
following the Expert’s receipt of notice of the Extraordinary
Circumstances Challenge. The hearing shall take place by
videoconference and shall last no longer than one (1) day.
The player, the Players Association, the NBA, and any Team
for which the player played during the Season shall have the
right to participate in the hearing.
(viii) The Challenge Expert shall render a decision not later than
the day following the date of the hearing, and the decision
shall be accompanied by a written opinion. Notwithstanding
the foregoing, if the Challenge Expert determines that
expedition so requires, he/she shall accompany the decision
with a written summary of the grounds upon which the
decision is based, and a full written opinion may follow
within a reasonable time thereafter. The decision shall
constitute full, final, and complete disposition of the matter.
(x) Should circumstances warrant, each of the deadlines set
forth in this Section 6(c) may be reasonably modified by
agreement of the NBA and Players Association.
Bonuses
As above, NBA contracts can provide for financial benefits if the player involved wins one of these awards. The details on that are covered here.
Eligibility Grievances Extraordinary circumstances Bonuses