The CBA contains prohibitions on circumvention. Here's what the CBA FAQ page has to say:
106. Can teams find loopholes in the CBA and do things the league never intended to allow? What is circumvention?
As any league executive will tell you, the CBA isn't a list of the things teams can't do; it's a list of the things teams can do. The league operates in a "disallow by default" mode -- actions are not allowed except where the CBA specifically permits them.
In other words, teams aren't allowed to put anything into a player's contract that wasn't negotiated between the league and players association and included in the CBA. For example, a team signing a known drug offender can't insist on a "one strike and you're out" policy or that the player attend mandatory drug counseling -- instead they must follow the negotiated drug program (see question number
109).
The CBA also has a general prohibition on circumvention which states that the rules exist to preserve the benefit derived by the teams and players, and that nobody shall do anything to defeat or circumvent the intent of the agreement. The league can use this prohibition to disallow a signing or trade that they feel circumvents the CBA, even though it is not specifically prohibited by the agreement.
Examples of conduct considered to be circumvention include:
- A team owner allowing a player to invest in a business or investment fund controlled by the owner or a friend of the owner.
- A team executive assisting a player in obtaining a product endorsement.
- Any "under the table" promises for a future contract (see question number 30).
- A team's arena renting retail space to a player on the team.
- A team selling a sponsorship to a business in which a player has an interest.
- A team hiring a player's relative or business partner as an employee.
- A team owner allowing a player the use of his private plane.
- A company affiliated with a team's owner making a home available to one of the team's players.