NBA: Will the new anti-tampering rules prove to be effective?

Tampering definition and consequences

The first thing I learned in researching this article is that as far as the Collective Bargaining Agreement is concerned the term ‘tampering’ is not the correct legalese but a colloquialism. Instead, the word “collusion” is used.

The CBA that went into effect in 2017 is a 598-page document start to finish and contains an entire Article entitled Anti-Collusion Provisions containing 17 separate sections.

For some reason that I can’t quite wrap my head around, the definition of what the CBA calls collusion is, in fact, called tampering in the NBA’s October 2018 Constitution which includes this prohibition:

"No person may, directly or indirectly, (i) entice, induce, persuade or attempt to entice, induce or persuade any Coach, Trainer, General Manager or any other person who is under contract to any other Member of the Association to enter into negotiations for or relating to his services or negotiate or contract for such services or (ii) otherwise interfere with any such employer-employee relationship of any other Member of the Association."

Over the years, there have been a number of notable instances where, upon investigation, the league found that tampering had indeed occurred and penalties were levied. Before Friday’s vote, the possible disciplinary action for players and or other members of the association included in some cases without limitation:

For players

• Suspension for an indefinite or definite period of time, or
• A fine not exceeding $50,000 or
• Both

For other members of the Association

• Suspension for an indefinite or definite period of time
• The team employing or affiliated with the tamper can be prohibited from hiring the tampered with the party for an indefinite or definite period 
• The team employing or affiliated with the tamperer can lose draft picks
• Draft picks can be taken from the team who employs or is affiliated with the tamperer and given to the team wronged by the tampering and/or
• A fine to be paid by the tamperer and/or the team who employes or is affiliated with the tamperer not exceeding $5,000,000
• The Commissioner has the authority to direct that some or all of the fine be paid to the party wronged by the tampering