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Bellicose statement or NBA Players Assoc. pushing ahead with the investigation?



< Even the players association is holding back, after giving a 
perfunctory, bellicose statement, for Baker's benefit, in seeking 
help, for the problem that it seems everyone but Baker, knew he had.>
- from our sister message board

Did you mean to say,  "Everyone but WALLACE knew he had? "

Last I heard, the NBA Players Assoc. stated the Celtics were in
violation of the CBA in their underhanded dealings with Vin.

Egg

Unchain My Liver !

---------------------------------------------
Union is watchful: Baker case raises eyebrows

by Mark Murphy
Saturday, March 1, 2003

The NBA Players Association, charging that the Celtics' indefinite 
suspension of Vin Baker is in direct violation of the league's 
collective bargaining agreement, announced last night that it will file 
a grievance against the team and the agreement signed by Baker on 
Thursday unless a satisfactory resolution is achieved.

``We are extremely concerned about the Celtics' actions regarding Vin 
Baker,'' executive director Billy Hunter said in a prepared statement. 
``The questionable nature of the team's action is underlined by the 
fact that the Players Association was not informed about the actions 
involved in the suspension.

``We are convinced that there is a basis to believe there has been a 
violation of the CBA,'' he added. ``We are also looking into additional 
legal remedies against the club to determine whether their action 
constitutes a violation of state or federal laws.

``Based on our preliminary review, it appears the Celtics may have 
committed both an unfair labor practice, as well as a violation of the 
Americans with Disabilities Act.''

Wyc Grousbeck, the Celtics' managing partner, declined comment last 
night, noting, ``We'll discuss everything calmly and privately.''

The Players Association was alarmed by a number of conditions in 
the agreement, such as requirements for Baker to undergo repeated 
tests for alcohol once he returns to the Celtics.

Because alcohol is not a banned substance, there is no provision for 
such testing under the CBA. The union is said to be particularly 
alarmed by the precedent that the Baker agreement could set, and 
how it could be used by teams attempting to remove the burden of 
players with big contracts.

Baker also reportedly waived all of his rights to challenge the 
agreement under CBA guidelines.

He signed the agreement Thursday, reportedly after arriving home 
to find Celtics officials waiting with the agreement.

Though Baker stands to lose $137,500 for every game he misses 
during his prolonged absence from the Celtics, two sources confirmed 
last night that the Celtics center stands to make part of the money 
back if he returns to action.

Baker, now with family in Connecticut as he ponders how to deal with 
the personal issues behind his leave of absence - some of them 
reportedly alcohol-related - is in line for a partial refund once he 
returns.

With only 24 games left in the regular season, and Baker contemplating 
his course for treatment - a solution that reportedly leaves Baker with 
some flexibility under the agreement - his return to action at all this 
season is a particularly nebulous subject.

``But we're all trying to get Vin healthy - that's the main thing right 
now, not whether or not he's going to get paid,'' one source said. 
``We're trying to allow him to get better, and it's a matter of the 
mental and physical that has to be considered, not just one or the 
other.''

As such, the Players Association, though already in touch with the 
Celtics on a very quiet level, is paying close attention to the team's 
challenge to his contract.

Of particular concern here is the clause that states that a player must 
present himself fit to play.

``We're talking about a human life here,'' the second source said. ``I 
don't think anyone would want to challenge this agreement at this 
point, when the goal is to try and help someone.''

While those considerations still include concern about his past 
complaints of light-headedness and heart palpitations, the Celtics 
reportedly have not received data that directly connects those episodes 
to Baker's alleged consumption of alcohol.

The team is said to be waiting for Baker to admit to the nature of his 
problem, and that he has not, to this point, admitted to the team that 
he has a drinking problem.

``But in signing the agreement, everyone has agreed that this is a good 
step in the right direction,'' the second source said. ``We obviously 
have a ways to go in this.''

Team management, which was not in contact with Baker yesterday, 
reportedly does not yet know of how he will seek treatment - through 
counseling or rehab.

``There is no imminent clock ticking,'' the second source said. ``Over 
the longer term, you're asking him to do what he says he's going to 
do.''