If Not Traded, James Harden Would Likely Report to 76ers, Thanks to CBA Clause

July 22, 2023

Star guard James Harden is seeking a trade from the 76ers, but if one never comes … well, Harden likely would report to camp, anyway.

This is all the result of an obscure clause in the collective bargaining agreement, as explained by Zach Lowe of ESPN. For the record, Harden reportedly is angling for a trade to the Clippers (whether LA is interested remains another matter entirely, as we relayed here).

Anyway, Lowe referenced Article XI, Section 3 of the CBA in explaining why Harden likely would still report to the Sixers in the event his trade wish isn’t granted.

“There’s an obscure clause in the collective bargaining agreement that says the following: ‘A player who is in the last year of his contract.’ OK, so that’s James Harden. He’s on an expiring contract,” Lowe said on his podcast with SI.com’s Chris Herring, via RealGM.

“‘Who withholds his playing services for more than 30 days after the start of the last season covered by his contract shall be deemed’, I’m paraphrasing now, ‘should be deemed to have violated his contract. Accordingly, such a player shall not be a veteran free agent and shall not be entitled to negotiate or sign a contract with any other professional basketball team unless and until the team from which the player last played expressly agrees otherwise.’

“I was alerted to that clause by people who would know what it means. And then I checked with other people who would know what it means and I said ‘Am I an idiot or does this say he doesn’t actually show up, the Sixers, because he’s on an expiring contract, can block him in perpetuity from signing in the NBA?’

“And I checked with legal people and cap people and team people and whatever people, and the answer every time was ‘Yes. And not only the NBA, any other professional basketball teams means exactly what you think it is.

“So if you just read that, that’s why I made the comment about James’ quote showing his ass as you put it, because given that reality, if he’s not traded, he kind of has to show up and we know what happens if he shows up and he’s unhappy because we’ve seen it over and over again.”