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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: Jan 19, 2008
Posted on: November 14, 2011 4:09 pm
 

Stern responds to players' antitrust lawsuit

If the players decertify and start their own league, the NBA teams will be worthless.



Since: Feb 1, 2008
Posted on: November 14, 2011 4:06 pm
 

Stern responds to players' antitrust lawsuit

"they all seem hell-bent on self-destruction"

The entire league, from players, owners, and David Stern himself share this responsibility. The fact of the matter is everyone involved is making more money than the product is worth. Instead of bickering what percentage each would get you should have thought about lowering prices for their customers. The players make too much money. David Stern at 20Mil/yr. makes too much money and I don't buy for one second that the majority of owners lost money besides idiots like Paul Allen who runs his franchise like a fantasy rotisserie team instead of a business.

The other few owners who lost money would be the Maloof's or goons like them who put a extremely lousy product on the floor and expected their fan base to buy it.           



Since: Jan 19, 2008
Posted on: November 14, 2011 4:02 pm
 

Stern responds to players' antitrust lawsuit

I say the star players should start a 12 team fantasy draft type league. Start in January, they can sell it to the broadcast networks and cable channels. The players left out of the draft can go all over the world. They can have Experts who aren't affiliated with the NBA pick the teams.
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What is wrong with the players starting their own enterprise?  At least they would keep all the money they make.  The Basketball stadiuma will be empty.  The league could still have teams in LA, Boston and NY....... 



Since: Sep 16, 2007
Posted on: November 14, 2011 4:01 pm
 

Stern responds to players' antitrust lawsuit

Other than the players who really cares.   The NBA has been a joke for years.    The owners can go back to whatever profession allowed them to make the bad investment in an NBA team, the hard core fans with no life will continue to have no life, the average fan could care less about   the loss of the NBA.  and the well educated, articulate players can go find a job somewhere that pays an average of $5 million per year . or not.  Here's hoping that the entire league blows up and disappears, it is a blite on sports.



Since: Jan 19, 2008
Posted on: November 14, 2011 3:58 pm
 

Stern responds to players' antitrust lawsuit

I say the star players should start a 12 team fantasy draft type league. Start in January, they can sell it to the broadcast networks and cable channels. The players left out of the draft can go all over the world. They can have Experts who aren't affiliated with the NBA pick the teams.



Since: Jan 19, 2008
Posted on: November 14, 2011 3:56 pm
 

Stern responds to players' antitrust lawsuit

I say the star players should start a 12 team fantasy draft type league. Start in January, they can sell it to the broadcast networks and cable channels. The players left out of the draft can go all over the world. They can have Experts who aren't affiliated with the NBA pick the teams.



Since: Jun 13, 2007
Posted on: November 14, 2011 3:39 pm
 

Stern responds to players' antitrust lawsuit

Thanks to all sides for the dismissal of the 2011-12 NBA season.  We sports fans finally have something we all can believe in.  We see great men of principle who are willing to sacrifice $billions for their beliefs.  I agree with what Stern said about the players and their counsel from Billy Hunter and their lawyers, but he should wonder about the other 400 players.  The fifty superstars don't care about how the other 400 players in the league are going to provide food for their families and how to pay for the insurance on the Bentleys.  We will finally see if a sports union decertification is a tactic or sham once this goes through the courts.



Since: May 20, 2011
Posted on: November 14, 2011 3:35 pm
 

Stern responds to players' antitrust lawsuit

Stern's comments are always very personal and divisive. He blames Hunter for this mess and states that the union members should question his leadership. I don't believe that trying to split your adversary during negotiations is a viable tactic. Stern has delivered numerous ultimatums and drop dead dates during his dealings with the union and none of them were true. I agree that the NBA needs to reset its economic model with a lower percentage of revenue to the players and a hard cap. However, Stern's approach has been to depict the owners as granting concessions to the players when he should have simple stated the hard facts at the beginning of negotiations. Blaming Hunter for the league's need to curb the unrealistic expectations of the players has been counter-productive. The owners' position should always have been one of apologizing for the last contract and a simple statement that if the league's economic model does not change that the league has no future. There should have been an acknowledgement that it was always very possible that the players might find the financial readjustment extremely difficult to accept. If should have been made very clear from the beginning that the owners were willing to lose a year for the future health of the league and not blame the players' leadership for this mess. 



Since: Sep 20, 2006
Posted on: November 14, 2011 3:33 pm
 

Stern responds to players' antitrust lawsuit

So, roles are reversed now. It's a good thing. It WILL be educational.

The players now get to pay millions to lawyers that are supposed to represent them... that will drag their feet, make excuses, and get paid regardless of performance, while players recieve no income. The NBA owners can relate.


You can't get blood from a rock. No court can extract more from a business that it has, and they can't make them stay in business to lose money. There is nothing unfair to labor making an average $5 million a year. 

They say, in the end, you are only what you really always were... Owners can go back to the (protected) Billions they made before thier bad investment in the NBA...and players can go back to what they had before the NBA...

...and we'll see who starves first.  



Since: Nov 30, 2010
Posted on: November 14, 2011 3:32 pm
 

Stern responds to players' antitrust lawsuit

These damn greedy players are shooting themselves in head, and they do not even realize it.  22 of the 30 owners/teams lost money last but not one damn player lost a penny.  The NBA owners have been more than generous in the past, much to generous, and the players want more.  The split should be 35% players and 65% for owners and every NBA player should have their salaries cut by 30%.  Most families can not even afford to go to a game these days as ticket prices are out of this world and the heart of the problem is player salaries and a revenue split that does not help small market teams in the least, it actually hurts small market teams.

But the players are so damn greedy that are killing the golden goose.  This just proves that today's NBA player is as dumb as a box of rocks.  CANCEL THE SEASON, this should wake up the players.



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