But the Super Two status provisions in the CBA are a clear attempt to ameliorate a recognized issue.
Although I suppose its entirely possible that this was recognized as an issue just not in this exact way, or to this exact degree, in past negotiations. If the issue was fully discussed and unpacked and these CBA terms were decided on, then the team is in the good. If it was never really addressed fully in negotiations then the "manipulation" by the teams doesn't look as kosher. The fact that teams themselves don't admit to manipulating service time, ever, kind of shows that they don't necessarily think that they are in the clear.