Tony BeccaWEST INDIES cricket is once again in a crisis, and once again it appears that it is all because of greedy players.
That, however, may not be the case. It may well be a case of the players standing up for their rights.
Given an ultimatum to sign a contract or else, 16 of the 25 players called to a camp after which the squad for the triangular series in Australia would have been selected refused to sign, and in response the board has told the selectors to replace them.
According to the Players Association, which told the players not to sign, it was not given the opportunity to look at the contract before it was sent to the players, and on top of that, the contract is in conflict with all the contracts agreed between the board and WIPA over the past 12 months.
According to the board, however, the contract was sent to WIPA in advance, WIPA did not respond, and on top of that, the contract is in the best interest of West Indies cricket, its main sponsors, and the players.
That does not seem to be the case, however.
A look at the contract suggests that it is all in favour of the board - that the players will have little, very little or no say in making deals that they have been accustomed to making in the past.
TOTAL CONTROL
According to legal experts, so many things in the contract are aimed at giving the board total control of the players.
Section 5.1b of the contract states that the player agrees that at all times whilst representing the West Indies he will not do anything that constitutes a Player Endorsement in relation to a competitor of a WICB major sponsor unless he has a pre-existing agreement with such a competitor that has been approved in writing by the WICB under this contract or the player's previous contract with the WICB of the player's agreement with such a competitor pre-dates any contract he has had with the WICB, and nothing is wrong with that.
Among those sections that the players find totally unreasonable, however, are 5.2b and 5.2i.
ENDORSEMENT AGREEMENT
One states, in part, that the player agrees to submit in writing to the WICB for prior written ratification any player endorsement agreement that has already been approved by the WICB under any prior agreement with the WICB, that the WICB may ratify or refuse to ratify such player endorsement agreement in its absolute and unfettered discretion, and that the contract shall be terminated immediately in the event that the WICB fails to ratify such player endorsement agreement.
The other states that the player may seek the WICB's consent to use, or permit his sponsor or sponsors to use, the Intellectual Property of the WICB, that the WICB may grant or withhold its consent in its absolute and unfettered discretion, and that if it does grant its consent, it may do so on such terms and conditions as it sees fit having regard to the nature and extent of the proposed use, including, without limitation, payment of a commercial fee to the WICB.
The section that is the real problem, however, is 5.1a.
Section 5.1a states: "The player acknowledges that the WICB has the sole and exclusive right to permit any person to represent that they, or their goods and services, have the sponsorship or approval of, or are in any way endorsed by or associated with the WICB or any WICB team".
TOTAL NONSENSE
The contract, generally, is one that attempts to prevent the players from making money as individuals, one that attempts to allow the board to do that without compensating them, and according to the players, certainly WIPA, that is total nonsense, and they are not prepared to accept it.
This showdown was on the cards from months ago when the WICB signed a deal with Digicel and when Cable & Wireless, sponsors of the West Indies team for the previous 22 years, signed up a number of the players to do C&W promotions.
According to the grapevine, Digicel is hopping mad and has told the board to clear up the situation with its players or else.
The showdown between the board and the players threatens to deal a serious blow to West Indies cricket and the board appears to be in a bind in a corner.
It is almost safe bet that Australia will say "no thank you" if the West Indies attempt to send a second XI to the one-day tournament. In fact, with some of the nine who originally signed now supporting those who did not sign, unless the referee succeeds, unless there is a compromise, the West Indies will be left with a third XI for Australia.
