No. Philly has the right to fine him for his failure to perform and also terminate the contract due to BS's breach. There is nothing in the NUPC that says that the club's sole remedy for a player's breach is fines or salary withholding. In fact, it says the opposite: the club is empowered to terminate the contract at any time if the player:
These are separate provisions and have to be interpreted so as to give meaning to all their terms, and thus enforced. So you can't say that Philly is not empowered to terminate the contract and it's only recourse is to fine BS. That interpretation would read out of the contract those terms dealing with contract-termination.20(b) The Club may terminate this contract upon written notice to the Player (but only after complying with the waiver procedure provided for in subparagraph (f) of this paragraph (20)) if the Player shall do any of the following
(2) at any time, fail, in the sole opinion of the Club's management, to exhibit sufficient skill or compe ive ability to qualify to continue as a member of the Club's team, provided, however, (i) that if this contract is terminated by the Club, in accordance with the provisions of this subparagraph, prior to the fifty-sixth day after the first game of any scheduled season of the Association and the Player, at the time of such termination, is unfit to play skilled basketball as the result of an injury resulting directly from his playing for the Club, the Player shall continue to receive his full salary, less all worker's compensation benefits (which, to the extent permitted by law, and if not deducted from the Player's salary by the Club, the Player hereby assigns to the Club) and any insurance provided for by the Club paid or payable to the Player by reason of said injury, until such time as the Player is fit to play skilled basketball, but not beyond the season during which such termination occurred; and provided, further, (ii) that if this contract is terminated by the Club, in accordance with the provisions of the subparagraph, during the period from the fifty-sixth day after the first game of any scheduled season of the Association through the end of such scheduled season, the Player shall be en led to receive his full salary for said season; or
(3) at any time, fail, refuse or neglect to render his services hereunder or in any other manner materially breach this contact.
As for the question of withholding salary, the NUPC speaks to what Simmons is en led to receive upon termination
(d) If this contract is terminated by the Club during the period designated by the Club for attendance at training camp, payment by the Club of the Player's board, lodging and expense allowance during such period to the date of termination and of the reasonable traveling expenses of the Player to his home city and the expert training and coaching provided by the Club to the Player during the training season shall be full payment to the Player.If terminated today, arguably no money would ever be owed to Simmons under 20(d) as there is nothing in there that mentions payments due to be made prior to the beginning of the season. The case under 20(e) is harder, but I think Philly probably has a colorable argument to terminate BS for failure to "exhibit sufficient skill or compe ive ability" meaning that the provisions requiring payment "already received during such season" wouldn't apply. That would probably be BS's best hook for saying Philly has to make his lump sum payments. Again, you have to enforce the terms of the contract as written and there is nothing here that obligates Philly to pay BS given BS's refusal to play.(e) If this contract is terminated by the Club during any playing season, except in the case provided for in subparagraphs (b)(2) and (c)(1) of this paragraph 20, the Player shall be en led to receive as full payment hereunder a sum of money which, when added to the salary which he has already received during such season, will represent the same proportionate amount of the annual sum set forth in Exhibit 1 hereto as the number of days of such season then past bears to the total number of days of such schedule season, plus the reasonable travelling expenses of the Player to his home.