Exhibit A (Part 2 of 4)

Transcription

1 The Atlanta Falcons Football Club LLC et al v. The National Football Leagu...ayers Association et al Doc. 1 Att. 2 Exhibit A (Part 2 of 4) Dockets.Justia.com

2 Section 6. Pre-Training Camp Period Section 7. Rookie Premiere Section 8. Enforcement ARTICLE XXXVI MINlCAMPS Section 1. Number Section 2. Length Section 3. Expenses..., Section 4. Contact...,....., Section 5. Injuries ARTICLE XXXVII PRE-SEASON TRAINING CAMPS Section 1. Definition Section 2. Room and Board......, Section 3. Rookie Per Diem Section 4. Veteran Per Diem Section 5. Reporting Section 6. Number of Pre-Season Games..., Section 7. Telephones.., Section 8. Expenses...,",."...,..., ARTICLE XXXVIII SAlARIES.....,.,... ' Sections 1-5. [no longer applicable}......, Section 6. Minimum Salaries ,..,.,.., Section 7. Credited Season Section 8. Other Compensation...,...,,180 Section 9. Arbitration...,...,',., Section 10. Payment Section 11. Deferred Paragraph 5.., , Section 12. Number of Regular Season Games,.,, Section 13. Copies of Contracts......,.,...,..., Section 14. Split Contracts... ".....,..., Section 15. Funding of Deferred and Guaranteed Contracts ARTICLE XXXVllI-A MINIMUM SALARY BENEFIT,.., Section 1. Qualifying Players..,.,...,,....,, Section 2. Qualifying Conoacts......,..., Section 3. Additional Compensation Rules...,.,'".183 Section 4. Payments Section 5. Reduced Salary Cap Count ,,.,.,184 S'ection 6. Minimum Salary Benefit Calculation...,.",.,.,.185 Section 7. Bnensions of Qualified Contracts....,.,., Section 8. [no longerapplicable1..,." , Section 9. Terminated Qualifying Players.,.,...,., I viii

3 Section 10. Players Moving to New Club Section 11. Player Returning to Old Club Section 12. Players with Expired Contract Section 13. Guarantees B6 Section 14. Tennination Pay.... lb6 Section 15. No Benefitfor Non-Qualifying Contrac(S... lb7 ARTICLE XXXVIU-B PERFORMANCE-BASED POOL Section 1. Creation of Fund Section 2. Amount of Fund..., Section 3. Mandatory Distribution Each Year Section 4. Qualifying Players B Section 5. Methodology Section 6. Corrections ARTICLEXXXIX MEALALLOWANCE Section 1. Reimbursement Section 2. Travel Day ARTICLEXL DAYS OFF Section 1. Rate Section 2. Requirements ARTICLE XU MOVING AND TRAVEL EXPENSES Section 1. Qualification...,... : Section 2. Moving Expenses...,......, Section 3. Travel Expenses , Section 4-. Transporra don..., ARTICLEXLII POST-SEASON PAY , Section 1. System......, Section 2. Compensation ,.194 Section 3. Wild Card Game; Division Play-off Game Section 4. Conference Championship; Super Bowl Game.., Section 5. Payment...,..., ARTICLEXLIll PRO BOWL GAME.,....., Section 1. Compensation., , Section 2. Selection..., ,.196 Section 3. Wives., , Section 4. Injury..., Section 5. Payment ix

4 ARTICLE XLN PlAYERS' RIGHTS TO MEDICAL CARE AND 'frea1ment Section 1. Club Physician Section 2. Club Trainers Section 3. Players' Right to a Second Medical Opinion Section 4. Players' Right to a Surgeon of His Choice Section 5. Standard Minimum Pre-Season Physical Section 6. Substance Abuse ARTICLE XLV ACCESS TO PERSONNEL AND MEDICAL RECORDS....., Section 1. Personnel Records Section 2. Medical Records ARTICLE XLVI PlAYER BENEFIT COSTS Section 1. General Right of Reduction Section 2. Right of Restoration Section 3. Definition Section 4. Resolution of Disputes Section 5. [no longer applicable] Section 6. Limitations on Contributions Section 7. Application of a Salary Cap to Plan Years Section 8. TIming ARTICLE XLVII REllREMENf PIAN Section 1. Maintenance and Definitions Section 2. [no longer applicable] Section 3. Contributions Section 4. Benefit Credits Section 5. Disability Benefits Section 6. Joint and Survivor Reset , Section 7. Death Benefits......, ARTICLE XLVIII SECOND CAREER SAVINGS PlAN Section 1. Maintenance, , Section 2. Contributions....,., ,.,,, ARTICLE XLVlII-A PLAYER ANNUIlY PROGRAM Section 1. Establishment...., , Section 2. Contributions..., , Section 3. TIming Section 4. Structure Section 5. New Tax-Qualified Portion......, Section 6. NFL Player Annuity 1St Insurance Company Net Worth , x

5 ARTICLE XLVIII-B TUITION ASSISTANCE PIAN Section 1. Establishment Section 2. Eligibility Section 3. Reimbursement ARTICLE XLVIU-C NFL PlAYERS HEALTII REIMBURSEMENT ACCOUNT Section l. Establishment. ' , Section 2. Contributions..., Section 3. Eligibility.. ; Section 4. Health Reimbursement Accounts Section 5. Payments from Health ReimbursemenrAccounts Section 6. Structure Section 7. Plan Operation in Uncapped Years ARTICLE XLVIII-D 88 BENEFIT Section 1. Establishment Section 2. Benefits Section 3. Funding " Section 4. 1enn , ARTICLE XLVIII-E NFL PlAYERS BENEFITS COMMITTEE Section 1. Establishment Section 2. Function , Section 3. Expenses , Section 4. Uncapped Years ARTICLE XLIX GROUP INSURANCE Section 1. Group Benefits Section 2. Extended Post-Career Medical and Dental Benefits Section 3. Limitations and Rules For Extended Insurance Section 4. [no longer applicable] Section 5. Administration ARTICLE L SEVERANCE PAY Section 1. Eligibility Section 2. Amount Section 3. Application Section 4. Payment Section 5. Failure to Apply....., Section 6. Only One Payment Section 7. Payable to Survivor Section 8. Prior Severance Pay Section 9. Nonassignability

6 ARTICLE LI DISABILITY PlAN Section 1. Maintenance Section 2. Contributions Section 3. Extension..., ARTICLE UI BENEFIT ARBITRATOR...,.., Section 1. Selection..., Section 2. Compensation Section 3. Role ARTICLE LIII RETENTION OF BENEFITS ARTICLE UV WORKERS' COMPENSATION Section 1. Benefits Section 2. Rejection of Coverage.,... ; Section 3. Arbitration Section 4. Worker's Compensation Offset Provisions Section 5. Preservation of Rights..., ARTICLE LV MISCELLANEOUS Section 1. Endorsements Section 2. Game Day Attire Section 3. Appearances Section 4. Promotion Section 5. Deduction Section 6. Public Statements Section 7. Address , Section 8. NFLPA Tickets..., Section 9. Player TIckets Section 10. Tests Section 11. League Security Section 12. Career Planning Program Section 13. Delivery of Documents Section 14. Binding Effect Section 15. Authorization Secdon 16. Headings Section 17. TIme Periods Section 18. Exhibits Section 19. Parol Evidence Section 20. Prior Side Letters xii

7 ARTICLE LVI FINAL LEAGUE YEAR Section 1. No Salary Cap Section 2. Free Agency if Salary Cap in League Year Prior to Final League Year Section 3. Free Agency if No Salary Cap in League Year Prior to Final league Year Section 4. Franchise and Transition Players ARTICLE LVII MUTIJAL RFSERVATION OF RIGHTS: labor EX:EMPTION Section 1. Rights Under Law Section 2. Labor Exemption Section 3. CBA Expiration ARTICLE LVIII DURATION OF AGREEMENT Section 1. [no longer applicable]......,.,.240 Section 2. Effective Date/Expiration Date Section 3. Tennination Prior to Expiration Date Section 4. Effect of Early Tennination on Player Contracts Section 5. Ratification ARTICLE UK GOVERNING LAW...,..., ARTICLE IX NOTICES APPENDIXA-CHEC&'OFF AUTII0RIZA110N FOR NATIONAL FOOTBALL LEAGUE PlAYERS ASSOCIATION DEDUCTIONS APPENDIXB-lNJURYPROTECrION/EARLYWAIVER..., APPENDIX C-NFL PlAYER CONTRACT APPENDIX D-FIRST REFUSAL OFFER SHEET APPENDIX E-FIRST REFUSAL EXERCISE NOTICE APPENDIX F-WAIVER OF FREE AGENT RIGHTS APPENDIX G-NOTICE OF TERMINATION APPENDIX H-ACCOUNTANTS' REVIEW PROCEDURES xiii

8 APPENDIX H.I-ACCOUNTANTS' AGREED UPON PROCEDURES REPORT APPENDIX H.2-LOCAl ACCOUNTANTS 1 AGREED UPON PROCEDURES REPORT APPENDIX H.3-REVENUE ACCOUNTING RULES APPENDIX I-STANDARD MINIMUM PRE-SEASON PHYSICAL EXAMINATION APPENDIXJ-AcruARIALASSUMPTIONS AND AcruARIAL COST METHOD APPENDIX].l-HEAITH REIMBURSEMENT PIAN ACTUARIAL ASSUMPTIONS AND FUNDING APPENDIX K-EXIENSION CHART APPENDIX L-oFF-SEASON WORKOUT RULES APPENDIX M-PSL EXAMPLES APPENDIX N-WRIITEN WARNING GOOD FAITH EFFORT APPENDIX O-SAlARY CAP CALCUlATION EXAMPLE APPENDIX P-AD]USTMENT MECHANISM EXAMPLES INDEX xiv

9 ARTICLE IX NON-INJURY GRIEVANCE Article IX, Non-Injury Grievance Section 1. Definition: Any dispu re (hereinafter referred to as a "grievance") arising after the execution of this Agreement and involving the interpretation of, application of, or compliance with, any provision of this Agreement, the NFL Player Contract, or any applicable provision of the NFL Constitution and Bylaws pertaining to tenus and conditions of employment of NFL players, will be resolved exclusively in accordance with the procedure set forth in this Article, except wherever another method of dispute resolution is set forth elsewhere in this Agreement, and except wherever the Settlement Agreement provides that the Special Master, Impartial Arbitrator, the Federal District Coun or the Accountants shall resolve a dispute. Section 2. Initiation; A grievance may be initiated by a player, a Club, the Management Council, or the NFLPA. A grievance must be initiated within forty-five days from the date of the occurrence or non-occurrence upon which the grtevance is based, or within forry-five days from the date on which the facts of the matter became \.mown or reasonably should have been known to the party initiating the grievance, whichever is later. A player need not be under contract to a Club at the time a grievance relating [Q him arises or at the time such grievance is initiated or processed. Section 3. Filing: Subject [0 the provisions of Section 2 above, a player or the NFLPA may initiate a grievance by filing a written notice by certified mail or fax with the Management Council and furnishing a copy of such notice to the Club(s) involved; a Club or the Management Council may i.nitiate a grievance by filing written notice by certified mail or fax with the NFLPA and furnishing a copy of such notice to the player(s) involved. The notice will set forth the specifics of the alleged action or inaction giving rise.1 to the grievance. If a grievance is filed by a player without the involvement of the NFLPA, the Management Council will promptly send copies of the grievance and the answer to the NFLPA. The party [Q whom a non-injury grievance has been presented will answer in writing by certified mail or fax within seven days of receipt of the grievance. The answer will set forth admissions or denials as to the facts alleged in the grievance. If the answer denies the grievance, the specific grounds for denial will be set forth. The answering party will provide a copy of the answer to the player(s) or Club(s) involved and the NFLPA or the Management Council as may be applicable. Section 4. Ordinary and Expedited Appeal: If a grievance is not resolved after it has been filed and answered, either the player(s) or Club(s) involved, or the NFLPA, or the Management Council may appeal such grievance by filing a written notice of appeal with the Notice Arbitrator and mailing copies thereof to the party or parties against whom such appeal is taken, 23