NBA LENDS SUPPORT TO CELTICS IN SHAW SUIT

July 10, 1990

NBA LENDS SUPPORT TO CELTICS IN SHAW SUIT

The National Basketball Association joined the Celtics yesterday in asking an appeals court to uphold a decision validating Brian Shaw's NBA contract. In a "friend of the court" brief filed with the 1st US Circuit Court, the NBA termed Shaw's position "an unprecedented assault upon the legitimacy and efficacy" of the league's arbitration system. The arbitration system mediates disputes, and its decisions are accepted as NBA law by both the league and the players. At least they have been until now. The league said it has yet to find a case in more than 20 years in which a team had to go to court to get an arbitration decision enforced.

But that is what has happened here -- and even court backing hasn't deterred Shaw. He refused to abide by arbitrator Daniel Collins' June 14 decision to terminate his contract with Il Messaggero. That decision, which also prevented Shaw from playing anywhere but Boston, was upheld in a June 27 order by US District Court Judge A. David Mazzone. Shaw is appealing Mazzone's order and has refused to terminate his Il Messaggero contract. He also has stated he intends to play out the Il Messaggero deal, which has a year to run. "Such utter disregard of the arbitration decision, if permitted to continue, will threaten the very structure of the operations of the league," the NBA said in its brief.

It added, "This matter involved nothing more than the desire of one player to disregard a binding, contractural obligation." A footnote in the brief referred to Shaw's "recalcitrance" in refusing to obey the arbitration decision "particularly remarkable" in that the NBA Players Association also initially accepted the verdict. The players association since has argued that the part of Shaw's NBA contract in which he agreed to terminate the Il Messaggero deal was "not allowable" under the terms of the Collective Bargaining Agreement. That argument is one of many made by Shaw in his appeal brief, which was filed last Friday. A hearing has been scheduled for tomorrow.

Shaw's contract with Il Messaggero contains a 30-day window for him to notify the team that he is not returning. That period ends July 20. Il Messaggero contends its contract supercedes the Boston deal, because it came five months earlier.The Celtics, however, believe their deal with Shaw, which runs through 1994 and is worth more than $5 million, should be honored. In a statement neither side would contest, the Celtics noted in their 49-page brief that "Shaw, at age 24, is one of the few young players of prominence upon whom the Celtics depend for a revitalized team in the 1990-91 season and beyond."

In addition, the team argued that Mazzone's decision was correct and that Shaw's additional arguments in the appeal are without merit. In his appeal, Shaw argued he was the one being victimized, rather than the Celtics. And he further contended that since the draft and the July 1 free-agent signing date had come and gone, the Celtics' now were less damaged than they thought they might be by his refusal to return. "Shaw's argument that he should benefit before this court from his repeated contempt for both the arbitration and federal court decisions should not be countenanced," the Celtics' brief said. "Moreover, Shaw ignores the fact that the Celtics will suffer further irreparable harm if Shaw fails to rescind the Il Messaggero contract by July 20."

As for Shaw's argument that he is now the one hurt by all this, the brief noted, "If Shaw performs his agreement with the Celtics, he will be paid at least $1.1 million during each of the next four seasons, in addition to the $450,000 signing bonus he already has received." Shaw has offered to return the $450,000. The Celtics also found little credence in Shaw's argument that his case and that of Dino Radja are similar. Radja wanted to play for the Celtics, but had a valid contract with Jugoplastika, his club team in Split. A federal court ruled the Jugopastika contract enforceable. In the case of Radja, the Celtics said, it was a matter of playing with Boston for around $450,000, or for Jugoplastika for about $11,500. Shaw stands to earn $900,000 plus amenities if he plays next season for Il Messaggero. His Celtics' contract calls for a $1.1 million salary.

As for Shaw's contention that the amendment to his contract was not allowable, the Celtics argued otherwise. They noted that league rules stipulate any contract dispute must be raised within 20 days of the signing; Shaw re-upped with Boston in January. Further, the team said, "Shaw's position . . . makes little sense because Shaw's promise to exercise his right of rescission is simply the necessary prerequisite for him to receive compensation upon playing for the Celtics."