Blog Entry

NBA players blow up union, take fight to court

Posted on: November 14, 2011 2:56 pm
Edited on: November 14, 2011 8:54 pm
NEW YORK -- Unable to reach a collective bargaining agreement with the NBA, the union representing the players dissolved Monday and paved the way for a potentially lengthy and ugly antitrust lawsuit to be filed within days.

With a unanimous show-of-hands vote from as many as 50 players, the union sent a disclaimer of interest letter to commissioner David Stern, which effectively ended the National Basketball Players Association's role as the collective bargaining agent for the players. Outside counsel Jeffrey Kessler and star attorney David Boies -- whom the players met for the first time Monday -- will lead the legal team that will sue the NBA alleging antitrust violations.

"We've negotiated in good faith for over two years," said Billy Hunter, who now becomes executive director of the National Basketball Players Trade Association -- no longer the leader of the players' union. "The players just felt that they've given enough."

Stern, speaking live on league broadcast partner ESPN, called the players' tactic "a charade" and characterized it as a "magical trick" that ultimately will fail.

"What they've done is destroyed incredible value that would've gone to the union membership," Stern said. "... We were very close, and they decided to blow it up."

Stern made no pronouncements about further cancellation of games, but added, "The calendar takes care of that." Although the disclaimer action initiated by union executive director Billy Hunter is more expeditious than a decertification vote initiated by the players, the legal fight that will ensue certainly imperils the 2011-12 season.

"Obviously, Mr. Kessler got his way," Stern said, "and we're about to go into the nuclear winter of the NBA."

During a meeting attended by the players' executive committee, player reps from all 30 teams and about 20 more players -- including superstar Kobe Bryant, Tyson Chandler, Carlos Boozer, Rajon Rondo and Elton Brand -- union officials presented and explained details of the league's most recent offer. It had been characterized as the final revised proposal the league intended to offer, and if the players didn't accept it, Stern's negotiating position would revert to a harsher offer -- including player salaries being derived from a 47 percent share of revenues, a hard team salary cap and rollbacks of existing contracts.

The deal on the table for the players Monday included a 50-50 split of revenues -- a 12 percent reduction from their previous share of 57 percent -- and a long list of system and spending restrictions. Hunter said the meeting gained momentum and changed in tone once players raised the option of decertification. They ultimately chose the more expeditious option of a disclaimer, with Hunter saying a summary judgment in the antitrust case could possibly be reached in 60 days -- about the length of time it would've taken the National Labor Relations Board to authorize an election through a player-initiated decertification. 

About 200 players already had signed decertification petitions, displeased with the league's negotiating tactics and the concessions made by the union. Among these were 15 players in the meeting Monday, Hunter said.

The former union executive director said he has no intentions of withdrawing the NBPA's unfair-labor practices charge with the NLRB, although it is not clear how the agency will view it now that the union has been dissolved.

While the route the union chose is quicker than decertification, it is no silver bullet for the NBA players to win what are known as "treble damages" -- three times lost earnings resulting from the lockout -- or to eventually get a better deal. For starters, there will be a significant legal fight over where the union is allowed to file its antitrust case. Presumably, the players would prefer to file it in an employee-friendly district in California, under the auspices of the 9th U.S. Circuit Court of Appeals. For this reason, the NBA in August filed a pre-emptive lawsuit in the Southern District of New York, which falls in the employer-friendly 2nd Circuit. 

Once that is resolved, the league will argue that the players' disclaimer is a "sham" -- in other words, a tactic designed to gain negotiating leverage rather than a serious union dissolution. The NFL Players Association tried the same tactic, and started much earlier in the process -- principally because it had no other choice due to a litigated deadline to decertify or disclaim or lose the option going forward.

The NFLPA never got an ultimate ruling on whether the lockout or disclaimer were legal, but instead got a narrow ruling from the 8th U.S. Circuit Court of Appeals that the federal district court did not have the authority to lift the lockout.

"I felt the combination of Boies and Kessler, from my perspective, would be an unbeatable team," Hunter said. "... We feel extremely confident that we can prevail in this matter. That’s the opinion of both lawyers."

In a statement released by the league office after his live TV interview, Stern said, "The 2011-12 season is now in jeopardy," and immediately began laying the groundwork for what could be the mother of all antitrust lawsuits. Stern alluded to a February 2010 bargaining session in which union attorney Kessler threatened that the players would "abandon the collective bargaining process and start an antitrust lawsuit against our teams if they did not get a bargaining resolution that was acceptable to them."

"The NBA has negotiated in good faith throughout the collective bargaining process but -- because our revised bargaining proposal was not to its liking -- the union has decided to make good on Mr. Kessler's threat."

Since: Aug 19, 2010
Posted on: November 14, 2011 8:25 pm

NBA players blow up union, take fight to court

Well Done player clowns!! Why and cant the league just start new league right now with neww players, retired players, scab players etc etc etc??  WHY NOT!!Bet there is a ton of players that would like to get paid to play basketball!! Start a new PERIOD!! AND GET IT RIGHT OWNERS OF BUSINESS SHOULD MAKE MORE ITS THEIR BUSINESS EMPLOYEES "players!!!" Most players come from nothing and make millions and they can barely run there game of life nevere the less multi-million dollar businesses!! FIRE anyone that doesnt want to go back to work!!

Since: Oct 15, 2007
Posted on: November 14, 2011 8:17 pm

NBA players blow up union, take fight to court

"I'm not saying you'd be right or wrong if you decided to give in to the demands. You do what'cha gotta do. But just because they decided not to give in, everyone wants to say good riddance."

It's not how they got to this point. The 'good riddance' comments reflect the frustration the average fan has with the current state of the NBA. A declining quality of play since the days of MJ/Bird/Magic, wrapped up in over-hyped, ego-driven coverage by ESPN has driven the lack of interest.

Since: Nov 5, 2008
Posted on: November 14, 2011 8:16 pm

NBA players finally blow themselves up.....GOOD!

Hi, welcome to Popeyes, my name is LeBron may I take your order?

Since: Aug 19, 2006
Posted on: November 14, 2011 8:14 pm

NBA players blow up union, take fight to court

I see most of you Support a Player BailOut to the Owners & Sterns, League Mismanagement by Sterns (the man whos job is to sign off on All Deals made by the Owners), Player Mismanagement by Owners (Owners who sign Players for way more than they are worth to their Team), and Sterns & Owners munipulating Salary CAP rules. Bad Owners are not suposed to be allowed to Own a Team like Owner Michael Jordan. Sterns is Corrupt and should be Fired! Also though Owners own Teams the Players are not only workers but The Product as well. Dumb/Limited Minded people can't understand that. Sterns have his own agenda that has not worked but has brought Anger instead. If Sterns were not a part of this process, the Players and Owners would have had a Deal already. This Season and maybe part of Next Season could be Lost because of Sterns hidden agenda and Disrespect for the Players.

Since: Jan 11, 2008
Posted on: November 14, 2011 8:13 pm

NBA players blow up union, take fight to court

I've noticed that almost every post is blaming the players for the current state of the NBA. But really the OWNERS are as much to blame if not more. It's the owners that started offering bigger and bigger contracts to players, to get them to sign with their teams and not someone elses. How many of the posters here would turn down a $7 or $8 million a year contract and take a smaller one instead. It was the owner that drove up the contract prices, the players just did what anyone else in their shoes would have done, the took the bigger, better deal. I'm not saying the players shouldn't take any of the blame, but the owner were mre worried about signing the big players and winning championships, then they were about pressurving the league.

As for those people who say they don't need the NBA, they can just watch college ball. Do you really think that the quality of NCAA basketball will be the same without the NBA? Alot of these guys won't bother with college basketball if the dream of going pro is gone.

Since: Oct 18, 2011
Posted on: November 14, 2011 8:10 pm

NBA players blow up union, take fight to court

I don't even watch the NBA. I find the season to be too long and they don't even play for real until after the All-Star break. And it's even harder to feel sorry for someone who gets to make a very lucrative living playing a game.

But what people seem to forget is this was started by a lockout, not a players strike. The players never went on strike. They were locked out by the owners. Imagine you showed up for work the next day and could not get in. And then in order to get in, you were given an way or the highway.

I'm not saying you'd be right or wrong if you decided to give in to the demands. You do what'cha gotta do. But just because they decided not to give in, everyone wants to say good riddance.

Since: Mar 15, 2011
Posted on: November 14, 2011 8:07 pm

Lead Plaintiffs

My nominations for the 3 lead plantiffs to sit at the plaintiffs table in court for star power:

1. Lebron
2. Melo
3. Kobe

Since: Mar 15, 2008
Posted on: November 14, 2011 8:07 pm

NBA players blow up union, take fight to court

 I wonder, if any of them were watching when the public was so upsets when the NFL was on strike, but couldn't care less if the NBA comes back or not.
exactly, most people would actually have missed the NFL

The NBA? 99% percent don't think they're missing anything

Since: Mar 15, 2008
Posted on: November 14, 2011 8:04 pm

NBA players blow up union, take fight to court

I love's the most entertaining NBA season is years! 

Since: Oct 15, 2007
Posted on: November 14, 2011 8:03 pm

NBA players blow up union, take fight to court

With this latest turn of events, you can now hear the sound of the 2011 season going down the drain. If the league and the players think that they will be still be a relevant/prime-time league in the sports conscience of the public when they return, they should try again. I can only rejoice that the NFL and NHL will now get more coverage and we won't have to see ESPN constantly replaying the latest boring dunks from every game....good riddance

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