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: Jul 30, 2007
Posted on: November 14, 2011 9:06 pm

NBA players blow up union, take fight to court

To all those of you posting who say you could care less about the NBA...if you could care less about the labor dispute and the league and would rather watch college hoops, or for the racists who frequent this blog, who talk about a league of "thugs"....why do you even bother to comment? Turn on ESPNU or an NHL game.

Since: Aug 11, 2009
Posted on: November 14, 2011 9:05 pm

NBA players blow up union, take fight to court

Great news.  I hope they miss the whole season.  I have not heard one person say damn i wish the nba was back.

People will move on with their lives without the nba (national boring association). 

Since: Aug 21, 2006
Posted on: November 14, 2011 9:00 pm

NBA players blow up union, take fight to court

Best news of the day, at least a little extra cash will stay with the 99% this year instead of funneling upward like in nearly every other sector of the economy.  I'm no fan of the owners, but the players are downright insane.

Since: Mar 15, 2008
Posted on: November 14, 2011 8:55 pm

NBA players blow up union, take fight to court

Im sure you've gone to a bar/pub and basketball is what is being played on tv and people actually watching it.
really? when football is on in bars there is energy generated by the games .....but sorry, during basketball season i've never seen anyone paying much attention to NBA's pretty much just background and ignored.  

Since: Nov 29, 2006
Posted on: November 14, 2011 8:49 pm

NBA players blow up union, take fight to court

I agree 100% and I don't even need Tiger nor Phil to enjoy golf.

Since: Sep 5, 2007
Posted on: November 14, 2011 8:49 pm

NBA players blow up union, take fight to court

Ahhh...did you get your feelings hurt little boy? You have trouble following complete sentences so you call someone stupid or ignorant? Typical!

Since: Mar 15, 2008
Posted on: November 14, 2011 8:44 pm

NBA players blow up union, take fight to court

guess my point is that anytime one side is giving back money it is a major concesion especially when the group that is crying poverty is anything but poor

except....90% players have no other skills. so the correct response by the owners should be 'to hell with your demands you got no leverage'.

And unlike the NFL where fans wanted it settled and the games to begin...the truth is very few people care about the NBA, and most think the product is poor...... and probably even more are happy about's actually more entertaining than the games...seriously it is.
so like the majority i say keep em locked out ...i really wanna see how self destructive these players can get before it all blows up.

I bet I speak for a majority when I say this is the most entertaining NBA season in years!! 

Since: Mar 16, 2008
Posted on: November 14, 2011 8:44 pm

NBA players blow up union, take fight to court

I'm not surprised it came to this.  david stern has built the league through the promotions of its star players more than any other professional sports league.  You can't be surprised that when stern tries to take back salaries and rights from the players, that they would be offended.  Stern created this mess but the players should respect the times we live in and understand taking a paycut when the league is losing money, should be in their best interest

Since: Nov 29, 2006
Posted on: November 14, 2011 8:44 pm

NBA players blow up union, take fight to court

maybe they can put on australian rules football, old heavyweight bouts, CFL games or more poker.  At least that would be more entertaining than a mid season NBA shootfest.  this will turn into the hockey fiasco  because no one cares until playoff time.  Even less about the propped up WNBA.
Put on NFl, college football, college basketball and golf and I'll be content.  If they don't play,does that mean the Mavs and Cuban get to keep the trophy all next year too?

Since: Dec 30, 2006
Posted on: November 14, 2011 8:42 pm

NBA players blow up union, take fight to court

The Players and owners are leaving out the no.1 issue the fans..believe it or not the issue may not be an issue of having a season this year but ever.This may be the beginning of the end of the NBA...think I'm crazy but due to economy and other reasons I wont get into I wouldn't be surprised if the NBA folded. When over the years the NBA has changed from equality and parity to something that at one time Magic and Bird helped would be sad but yes unlike the NFL or MLB or college sports I could live without the NBA...forever

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