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Blog Entry

Stern responds to players' antitrust lawsuit

Posted on: November 14, 2011 2:54 pm
Edited on: November 15, 2011 6:27 am
 
Posted by Royce Young



Read Ken Berger of CBSSports.com on the players' choice to file a disclaimer suit

It didn't take long for David Stern to respond to the players' dynamite announcement that they plan to file a disclaimer to disband the union and file an antitrust lawsuit against the league.

Stern was on SportsCenter just 45 minutes after Billy Hunter said that the "collective bargaining process has completely blown up."

"Billy Hunter has decided to put the season in jeopardy and deprive his union members of an enormous payday," Stern said.

Stern had promised over the weekend that if the players did not accept the current proposal from the league that the "reset" offer would immediately go into effect that included a 47-53 revenue split and a harder "flex" cap like what's used in the NHL. Basically, a deal the players would never accept.

Billy Hunter said that the disclaimer would be filed "in a few days," presumably to give the league time to come to its senses and offer a realistic deal to the players. But everyone should've known that David Stern would not be bullied.

"That's not happening," Stern said.

Stern said that at a bargaining session in Feb. of 2007, the players' attorney Jeffrey Kessler said this could happen. "That threat has been ongoing until now, despite the NBA's good faith bargaining," Stern said.

Stern listed all the positives he saw in the new offer like guaranteed contracts and higher average salaries, but then said, "But apparently it was not to liking of the players. We anticipated this."

The theme from Stern was passing the buck to the players. "We were very close, and the players decided to blow it up," he said. Stern called this tactic "irresponsible at this late date" and even called the disclaimer a "charade."

"It's not going to work," Stern said. "If they were going to do it, they should've done it a long time ago ... they seem hell-bent on self-destruction."

As for when the next round of games is canceled, Stern simply said, "The calendar takes care of that by itself." Which is true.

Stern passed pretty much all blame to Hunter and the lawyers for persuading the players against the current proposal saying that they got the players "all hopped up" on this stuff.

"We're about to go into the nuclear winter of the NBA," he said. "If I were one of the 450 players in the NBA, I would be wondering what Billy Hunter just did."

The NBA later released the following statement from Stern:
"At a bargaining session in February 2010, Jeffrey Kessler, counsel for the union, 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.

“In anticipation of this day, the NBA filed an unfair labor practice charge before the National Labor Relations Board asserting that, by virtue of its continued threats, the union was not bargaining in good faith. We also began a litigation in federal court in anticipation of this same bargaining tactic.

“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.

“There will ultimately be a new collective bargaining agreement, but the 2011-12 season is now in jeopardy.”

Category: NBA
Comments

Since: Jun 12, 2007
Posted on: November 15, 2011 5:47 am
 

Stern responds to players' antitrust lawsuit

Who cares if they play. College Ball is a much better game. Let the millionaires cry when they don't have that check come in and find they are broke. At least Chris Humphries has his wedding $$ to hold him over.



Since: Jun 26, 2007
Posted on: November 15, 2011 5:39 am
 

Stern responds to players' antitrust lawsuit

Here it comes......the race card.....LOL OKaKura.



Since: Nov 11, 2011
Posted on: November 15, 2011 2:57 am
 

Stern responds to players' antitrust lawsuit

HOW CAN YOU BLAME THE RANK AND FILE PLAYERS. BILLY HUNTER NEVER GAVE THE RANK AND FILE A CHANCE TO EVEN VOTE. IN ALL THIS IT APPEARS THAT THE ONLY PEOPLE WITH A CHANCE TO VOICE THEIR OPINIONS WERE THE AGENTS. WE ALL KNOW WHERE THEIR HEARTS LIE. 




Since: May 28, 2007
Posted on: November 15, 2011 2:30 am
 

Stern responds to players' antitrust lawsuit

buss has had many years where he made more money playing poker than he did owning the lakers.that's the truth.



Since: May 7, 2009
Posted on: November 15, 2011 2:02 am
 

Stern responds to players' antitrust lawsuit

Should Larry Ellison get 2 teams or 3.  Warren will want the Omaha Wizards (doesn't care if they lose money).  You get the idea.

Won't happen because somebody will blink, but always fun to consider the scenario fully played out:  the players form their own teams with funds and administrative aid from the sports management firms and agents; the NBA dissolves (it's an illegal cartel; no issue on that); the individual owners negotiate for some form of JV's or sell their intangibles (names, contracts) to the new teams.  The 10 or so best managed teams survive with major structural changes.  Players probably get a salary plus percentage of the proftis (ala professional corporations).

Should happen in all the leagues; the owners have brought very little to the table for 50 years.  It's only the cartel punishing mavericks and keeping others out that allows them to survive.  And Congress ain't buying that any more.




Since: Nov 1, 2006
Posted on: November 15, 2011 1:11 am
 

Stern responds to players' antitrust lawsuit

I'm sorry, there is no such thing as a bad deal if you can make anywhere from 1 to 20 million dollars a year.....Nonsense



Since: Jul 22, 2008
Posted on: November 15, 2011 1:07 am
 

Stern responds to players' antitrust lawsuit

I won't take the players seriously until a few of them get caught holding up liquor stores or gas stations.
downwith:

Spare us your racist stereotypes and crawl back under your rock.





Since: Apr 13, 2008
Posted on: November 15, 2011 1:01 am
 

Stern responds to players' antitrust lawsuit

I won't take the players seriously until a few of them get caught holding up liquor stores or gas stations.



Since: Jan 17, 2008
Posted on: November 15, 2011 12:33 am
 

Stern responds to players' antitrust lawsuit

I'm verys surprised the players have taken this action. I think the owners could easily prove the case they lost a lot of money over the last couple of years in court. Additionally, unlike the NFL, NBA players have already signed various contracts to play elsewhere, which do not make the league a monopoly. Finally, with no union the league can change all the policies and introduce new regulations which can not be challenged. Seems very risky from the players perspective, but I'm no lawyer!



Since: Aug 30, 2006
Posted on: November 15, 2011 12:33 am
 

Stern responds to players' antitrust lawsuit

This may be the worst post ever.  How many billionaires are just waiting on the sidelines to pay MORE for these same players??  USFL, here we come again.  You'll wish Isaiah Thomas was back as an investor...

See you in Ankara, Kobe.


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