RE: Latest on Baker via ESPN.com

[Snoopy the Celtics Beagle <snoopy@xxxxxxxxxxxxxxxxx>]

I had never read that Springer article before, and it contained information 
that I haven't seen anywhere else--the specific reasons for the current, 
and previous, suspension.

I was under the impression that the details were not disclosed to anyone 
outside of Vin and the team management.  So, I have two questions: first, 
how did she find out; and second, why did that get reported publicly?  I'm 
not sure that kind of information fell under the public's need to know.

Though perhaps the first question should be, "Is it accurate?"

At 11:52 PM 2/23/2004, Kim wrote:

>Yeah, that's why I said it was misleading. What they mistakenly call a 
>contract clearly refers to details of the agreement signed last spring, 
>which is where the 10 games came into it. Here's are a couple of old Globe 
>(Shira and Peter May) articles laying some of this stuff out and 
>specifying that the failure to comply creates a presumption of unfit to 
>play and the 3rd strike under the agreement leads to an indefinite 
>suspension, with termination merely one of the options. They'd still have 
>to make that legal under the CBA to get away with it, hence the unfit to 
>perform clause being involved
>
>http://tinyurl.com/2fgfc
>http://tinyurl.com/3bmbd
>
>-----Original Message-----
>From: John Lyell <jlyell@xxxxxxxxxxx>
>Sent: Feb 23, 2004 11:36 PM
>To: Kim Malo <kimmalo@xxxxxxxxxxxxxx>, Celtics@xxxxxxxx
>Subject: RE: Latest on Baker via ESPN.com
>
>Per the article below it sounded like a special clause was inserted in his
>contract possibly when he came from Seattle or after the last incident. If
>this was true I don't think this would have been at Vin's request.
>
>John
>
>
>-----Original Message-----
>Kim Malo
>Sent: Sunday, February 22, 2004 9:16 PM
>To: Celtics@xxxxxxxx
>Subject: 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.
>
>
> >-----Original Message-----
> >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.

Snoopy the Celtics Beagle
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