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Thursday, November 19, 2009
Before you have an opinion on Scott Boras’ claims:
Read p.117-119 of the CBA, which I will cut/paste for you:
(2) Right to Information
The Administrator shall provide to the Association, upon request,
any relevant information necessary to the Association’s performance
of its functions under this Article as collective bargaining representative.
More specifically, and not by way of limitation, the
Administrator shall promptly provide to the Association on a regular
basis for each Revenue Sharing Year of this Agreement, copies
of the following documents (in hard copy and computer readable
form, if available) within 10 days following preparation by or
receipt by the Administrator of such data, except that (i) copies of
documents responsive to subparagraph (k) shall be provided with
the notice provided pursuant to Section A(13)(b)(ii) of this Article;
(ii) copies of documents responsive to subparagraphs (e), (n) and (p)
shall be provided within 30 days following preparation of such data
by the Clubs (or the Administrator); and, if requested, (iii) copies of
documents responsive to subparagraph (m) shall be provided within
10 days following the Association’s request, as the case may be:
(a) the form FIQ to be submitted by Clubs, together with any
form SIQ or other forms requiring the submission of supplemental
information to the Administrator by Clubs;
(b) any proposed changes in the form FIQ, SIQ or other forms
to be submitted to the Administrator by the Clubs, together with
explanatory reports, if any, regarding such proposed changes;
(c) completed FIQs, SIQs or other supplemental information
forms submitted to the Administrator by each Club;
(d) audited financial statements submitted by each Club;
(e) summaries of local media contracts (and/or of any other
individual Club contracts) submitted by each Club to, or maintained
under the supervision of, the Office of the Commissioner
(or the Administrator);
(f) any industry-wide compilation of revenue and expense
data, whether broken out by individual Club or groups of Clubs;
(g) any completed forms submitted by the Clubs to the
Administrator in connection with the preparation of estimates of
net payments or net receipts under any component of the Plan;
(h) any preliminary estimated partial payment calculations or
preliminary calculations by the Administrator of net payments
and net receipts due under any component of the Plan;
(i) any document reflecting a distribution to a Club under any
component of the Plan;
(j) any document prepared by or on behalf of the Administrator
in connection with a full or partial independent audit of any
Club conducted by or on behalf of the Administrator as described
in Section C(2)(b) and Section D(3)(a) of this Article;
(k) any correspondence to or from the Administrator or the
Office of the Commissioner regarding a contemplated distribution,
noticed pursuant to Section A(13)(b)(ii) of this Article,
including but not limited to the written request submitted pursuant
to subparagraph (b)(i) of that Section and any documents
considered by the Commissioner during his review of the
request;
(l) reports filed with the Commissioner pursuant to Section
B(5)(a) of this Article and any correspondence from or to the
Commissioner relating to his enforcement of Section B(5)(a) of
this Article;
(m) upon specific request by the Association, any unsuccessful
request made pursuant to Section A(13)(b)(i) of this Article,
any correspondence responsive to such submission and any document
that the Commissioner considered in connection with his
rejection of such request;
(n) upon specific request by the Association, any Club document(
s) examined or required to be examined by or on behalf of
the Administrator in connection with a full or partial independent
audit of any Club conducted by or on behalf of the Administrator
as described in Section C(2)(b) and Section D(3)(a) of this Article;
(o) any final calculations by the Administrator of estimated
partial payments, net payments and net receipts due under the
Plan; and
(p) upon specific request by the Association, a description of
the methodologies, assumptions and procedures used by the
Administrator to calculate and/or reconcile items reported in
Club FIQs and Club audited financial statements.
***
The next section is entitled “Right to Audit”.
What are Scott Boras’ claims???????
vr, Xei