Table of Contents

    Arbitration and Grievances

    For every dispute arising in the CBA, unless another process is mentioned, will be governed by a System Arbitrator agreed upon by the League and NBPA. The System Arbitrator will issue an award after the hearing, which may be appealed to a three-member Appeals Panel.

    System Arbitrator vs. Grievance Arbitrator

    The Grievance Arbitrator handles all disputes relating to the interpetation of the CBA, UPC, and the Domestic Violence Policy.

    The System Arbitrator handles disputes relating to the following portions of the CBA and UPC:

    1. Definitions;
    2. Uniform Player Contract;
    3. BRI;
    4. Thresholds and applicable rules;
    5. The Designated Share;
    6. Rookie Scale Contracts;
    7. Circumvention;
    8. Anti-Collusion;
    9. Certification of Contracts;
    10. Player Health and Wellness;
    11. Confidentiality Violations via Combine;
    12. Games Played Requirement;
    13. Unauthorized Sponsor Promotion.

    A Grievance–before the Grievance Arbitrator–may be filed by a Player, Team, the League of the NBPA.

    A System Arbitration may only be filed by the League or NBPA.

    Arbitraton Process

    The Grievance Arbitration is a less complex process than the System Arbitration.

    The Grievance Arbitration process only requires a joint statement of the parties (or separate statements, if applicable) and discovery by the League and NBPA in limited scenarios.

    The System Arbitrator can request documents, depositions and call witnesses to the hearing.

    The Grievance Arbitrator will issue an award containing a written opinion.

    The Grievance Arbitrator’s award is the final decision, with no appeal rights attached.

    The System Arbitrator will issue a final order contaning findings of fact and an award. The award can order non-punitive money damages, injunctive relief (stopping a party from conduct), or specific performance (ordering a party to do something).

    The System Arbitrator’s final order can be appealed to an Appeals Panel (discussed below).

    Appeals Panel

    A three-person Appeals Panel will be selected by the League and NBPA who serve one-year terms that auto-renew unless a member is discharged or withdraws.

    A party may file notice of an appeal from an initial award from the System Arbitrator within 10 days of the issuance of the initial award.

    The League and NBPA will then provide briefings (i.e. arguments) and the disputing party dispute why the initial award was wrong.

    The Appeals Panel then makes a determination similar to an Appeals Court, finding whether the initial award was in error upon review.