The CBA on Roster Exemption

[Miguel]

Section 4. Roster Exemption:
(a) Certain Players Not Under Contract. After the final roster reduction a Club must agree in writing with an unsigned player who is either an Unrestricted Free Agent, Transition Player, or Franchise Player, prior to signing a Player Contract with such player, on what compensation, if any, the player will be paid if he is placed in a roster exempt status.
(b) Players Under Contract. If a Club obtains a roster exemption for a player under contract who does not report to his Club until after the first roster reduction, the player will not be entitled to pre‑season or regular season compensation until such exemption is removed, provided the player is given written notice of such fact upon reporting to the Club. If such notice is not given to the player, the player must be paid his salary during his exemption.
(c) Restricted Players. Any player whose contract has expired and who either (i) has two but less than three Accrued Seasons or (ii) is a Restricted Free Agent pursuant to Article XIX (Veteran Free Agency), Section 2, and who has been given the required tender pursuant to Article XVIII (Veterans With Less Than Three Accrued Seasons), Section 2, or Article XIX
Page 162
(Veteran Free Agency), Sections 2(b)(i) or (ii), and who has not signed a contract and has not reported to his Club’s pre‑season training camp, may be placed on the roster exempt list of his Club under the following conditions:
(i) If the player has not reported at least the day before the Club’s second pre‑season game, he may be placed on roster exempt until the day following the Club’s first regular season game.
(ii) If the player has not reported at least the day before the Club’s third pre‑season game, he may be placed on roster exempt until the day following the Club’s second regular season game.
(iii) If the player has not reported at least the day before the Club’s fourth pre‑season game, he may be placed on roster exempt until the day following the third regular season game scheduled after the date he actually reports.
* [A]ny player who is placed on the roster exempt list of his Club, pursuant to Article XXXII, Section 4(c) of the CBA, shall be entitled to full compensation from his Club for any week in which his Club has a “bye†after the date he reports, but while he is still on the roster exempt list. Thus, any such player may not lose more than three weeks of salary as a result of being placed on the roster exempt list. This agreement shall not affect the number of regular season games for which the player can be placed on the roster exempt list, and thus for which the player may not play for his Club, in accordance with subsections (i) through (iii) of Article XXXII, Section 4(c) of the CBA. Nothing herein shall affect any right or obligation the player or Club otherwise may have concerning compensation to the player.
*Side Letter 1/18/94

No player may be placed on roster exempt under this subsection unless the Club has provided written notice to the player and the NFLPA of its intent to place the player on roster exempt at least five days prior to the Club’s second preseason game. Once such written notice is provided, the Club must place the player on roster exempt in accordance with (i) through (iii) above. For purposes of this Article, extra pre‑season games such as the Canton Hall of Fame Game and the American Bowl shall not count. When placed on roster exempt pursuant to this subsection, the player shall not be entitled to compensation.
(d) Except as provided in subsection (c) above, for purposes of this Section, roster exemptions shall be for no more than two weeks of the regular season."

I think that this may be of some help.

 

[PatsWickedPissah]

Once again, I recommend that this and other such info be placed in a new FAQ section prominently highlighted on Patsfan.com along with headline instructions RTFM! or more politely, "Read the FAQ before posting".

It would make the site a superior product.

 

[Mike the Brit]

Section 4. Roster Exemption:
(a) Certain Players Not Under Contract. After the final roster reduction a Club must agree in writing with an unsigned player who is either an Unrestricted Free Agent, Transition Player, or Franchise Player, prior to signing a Player Contract with such player, on what compensation, if any, the player will be paid if he is placed in a roster exempt status.
(b) Players Under Contract. If a Club obtains a roster exemption for a player under contract who does not report to his Club until after the first roster reduction, the player will not be entitled to pre‑season or regular season compensation until such exemption is removed, provided the player is given written notice of such fact upon reporting to the Club. If such notice is not given to the player, the player must be paid his salary during his exemption.
(c) Restricted Players. Any player whose contract has expired and who either (i) has two but less than three Accrued Seasons or (ii) is a Restricted Free Agent pursuant to Article XIX (Veteran Free Agency), Section 2, and who has been given the required tender pursuant to Article XVIII (Veterans With Less Than Three Accrued Seasons), Section 2, or Article XIX
Page 162
(Veteran Free Agency), Sections 2(b)(i) or (ii), and who has not signed a contract and has not reported to his Club’s pre‑season training camp, may be placed on the roster exempt list of his Club under the following conditions:
(i) If the player has not reported at least the day before the Club’s second pre‑season game, he may be placed on roster exempt until the day following the Club’s first regular season game.
(ii) If the player has not reported at least the day before the Club’s third pre‑season game, he may be placed on roster exempt until the day following the Club’s second regular season game.
(iii) If the player has not reported at least the day before the Club’s fourth pre‑season game, he may be placed on roster exempt until the day following the third regular season game scheduled after the date he actually reports.
* [A]ny player who is placed on the roster exempt list of his Club, pursuant to Article XXXII, Section 4(c) of the CBA, shall be entitled to full compensation from his Club for any week in which his Club has a “bye†after the date he reports, but while he is still on the roster exempt list. Thus, any such player may not lose more than three weeks of salary as a result of being placed on the roster exempt list. This agreement shall not affect the number of regular season games for which the player can be placed on the roster exempt list, and thus for which the player may not play for his Club, in accordance with subsections (i) through (iii) of Article XXXII, Section 4(c) of the CBA. Nothing herein shall affect any right or obligation the player or Club otherwise may have concerning compensation to the player.
*Side Letter 1/18/94

No player may be placed on roster exempt under this subsection unless the Club has provided written notice to the player and the NFLPA of its intent to place the player on roster exempt at least five days prior to the Club’s second preseason game. Once such written notice is provided, the Club must place the player on roster exempt in accordance with (i) through (iii) above. For purposes of this Article, extra pre‑season games such as the Canton Hall of Fame Game and the American Bowl shall not count. When placed on roster exempt pursuant to this subsection, the player shall not be entitled to compensation.
(d) Except as provided in subsection (c) above, for purposes of this Section, roster exemptions shall be for no more than two weeks of the regular season."

I think that this may be of some help.

So, cutting to the chase (I hope!) the question is: have the Patriots given Branch such notice?

 

[MoLewisrocks]

(b) Players Under Contract. If a Club obtains a roster exemption for a player under contract who does not report to his Club until after the first roster reduction, the player will not be entitled to pre‑season or regular season compensation until such exemption is removed, provided the player is given written notice of such fact upon reporting to the Club. If such notice is not given to the player, the player must be paid his salary during his exemption.

It would appear this is the paragraph that pertains to holdouts, limited as it may be.

I scanned the CBA yesterday looking for further reference that includes the reporting by week 10 stipulation to be credited with a year of service or reference to tolling a contract and couldn't readily find any. It is a very poorly written legal document which they seem determined to continually amend rather than re-write.

What most who are questioning the process going forward seem to want to know is if the player reports on or before week 10 can the player then be suspended for the remainder of the season. I think the answer is no, unless the grounds for that suspension are seperate and distinct from the earlier absence (such as conduct detrimental to the team like insubordination or violation of team rules like missing meetings or as in TO's case making inflamatory comments about teamates to the media). Even then the suspension is limited to 4 games at most and subject to arbitration as I understand the new TO rule. And it's not clear whether such a suspension after week 10 would impact the player's credit year of service since from what I understand merely reporting with 6 games left and not actual playing time or being game active is what triggers that.

As for whether or not the team has employed the roster exempt option yet, I believe it was stated in the Globe early on that he was on such a list. If the roster is at 75 today without him, then that would confirm it. As would his not being on the 53 man roster come Friday. Which would then mean the team would have to waive player #53 if and when Deion applied for reinstatement and it was (I assume fairly automatically) granted. I know the NFLPA has been said to be prepared to suggest he report no later than week 9 which is either to avoid a snafu that would void his return in time to get his week 10 credit or to avoid his owing the team more money than he could possibly earn in the remaining 7 games (assuming the bye counts here as a week) of the season.