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RE: Latest on Baker via ESPN.com

At 10:13 PM 2/22/2004, John Lyell wrote:
Wouldn't they have had to take exception to this clause initially?

John-
If you mean the unable to perform clause, that's not actually part of Baker's agreement, that's in the CBA and pretty standard. Where they intersect is that the Cs intend to use the evidence/track record of Baker's failure to abide by his aftercare plan as laid out in the agreement to prove that he fulfills the unable to perform clause, allowing them to terminate the contract. The article below is alightly misleading, as termination has to be in accordance with the CBA, not any special agreement trying to circumvent it. In the absense of a CBA alcohol policy the unable to perform clause was determined to be most applicable.

If we away with this whomever got us out of this should get as bonus!

Why would you want to give Baker a bonus <g>, as it's his own actions that will have done so.
Kim

-----Original Message-----
From: owner-celtics@xxxxxxxx [mailto:owner-celtics@xxxxxxxx]On Behalf Of
Snoopy the Celtics Beagle
Sent: Sunday, February 22, 2004 7:01 PM
To: Celtics@xxxxxxxx; Celticsstuffgroup@xxxxxxxxxxxxxxx
Subject: Latest on Baker via ESPN.com


By Darren Rovell, ESPN.com

Former <http://sports.espn.go.com/nba/clubhouse?team=bos>Boston Celtics
forward <http://sports.espn.go.com/nba/players/profile?statsId=1279>Vin
Baker might have a new home by the end of the week.

Billy Hunter, executive director of the NBA Players Association, told
ESPN.com on Sunday that union officials will determine by Tuesday if
Baker's possible signing with another team would interfere with the union's
action against the Celtics on his behalf.

Baker's contract with $36 million remaining was terminated last week after
the veteran forward missed his 10th consecutive game following another
violation of his alcohol rehabilitation program.

Baker signed a contract with the team stating that the Celtics could
unilaterally terminate him after he missed 10 consecutive games following
another mishap. Baker was suspended indefinitely on Jan. 23.

After Baker was cut, the NBA Players Association filed a grievance on
Baker's behalf last week claiming it was impossible to determine that Baker
was unfit to play, especially given the number of teams interested in
signing him since he cleared waivers.

"Once the union makes their decision on this, we can move forward," said
Baker's agent Aaron Goodwin, who insists that his client has no lack of
offers from high-caliber teams. Hunter said that should the union allow
Baker to proceed, there still would be an effort to recover some of his
promised compensation from the Celtics.

The grievance is expected to be heard within the next month.