Tag:lockout
Posted on: August 17, 2011 5:00 pm
Edited on: August 17, 2011 9:08 pm
 

Kobe to players: 'Stand behind the union'

During a series of meetings in which union officials are updating players on the status of collective bargaining this week, one voice stood out: that of Kobe Bryant.

Before a star-studded audience of about 75 players in Los Angeles Tuesday, Bryant was “up front” and “deliberate” in a speech in which he urged players to maintain solidarity and “stand behind the union” during the lockout, according to a person who was in attendance. Sources told CBSSports.com that another test of that solidarity could come next week, as top union officials were authorized Wednesday to contact deputy commissioner Adam Silver in the hopes of scheduling a bargaining session in New York before the end of the month.

Bryant and Paul Pierce told players Tuesday it was important for them to “remain united” in the face of a lockout that has dragged well into its second month with only one full-scale bargaining session, the person who attended the meeting said. Among the players in attendance were Blake Griffin and Eric Gordon of the Clippers, Elton Brand of the 76ers, Tyson Chandler of the Mavericks, Russell Westbrook and James Harden of the Thunder and Corey Maggette of the Bobcats.

Contacted for comment on the player meetings, union chief Billy Hunter said he also briefed a contingent of about 20 agents on the status of negotiations Tuesday before traveling to Las Vegas, where he was meeting with about 35 players Wednesday. Hunter also will meet with players next week in Houston, Chicago and New York.

“Our message is that there’ve been several proposals back and forth, and the last proposal by the NBA would be a giveback of $8 billion over 10 years,” Hunter told CBSSports.com. “The players understand and they’re supportive.”

Hunter said there was a “divergence of opinion” among the agents about the National Basketball Players Association’s decision not to disclaim interest in representing the players – and the players’ decision not to decertify. Some high-profile agents have clamored for decertification, which would send the dispute to the federal court system under antitrust law. Hunter has so far resisted, preferring to explore the possibly more expeditious path to an injunction lifting the lockout, which could result if the union is successful in getting the National Labor Relations Board to issue an unfair labor practices complaint against the NBA.

Sources said NLRB investigators are expected to wrap up the evidence-gathering phase as early as next week and would then have all the information they need to render a decision on the players’ charge.

Though NBA commissioner David Stern is expected to be away on vacation, sources also told CBSSports.com that the two sides are trying to reconvene for a high-level bargaining session next week in New York. If league and union officials can agree on the scheduling details, it would be the first full-scale bargaining session since Aug. 1 – and the first since the NBA filed a federal lawsuit and an NLRB charge accusing the players of failing to bargain in good faith. Both legal actions were filed on Aug. 2, one day after Stern said the players were not bargaining in good faith.

It remains to be seen whether the players’ desire to meet next week will result in a productive negotiating session or more mudslinging. Stern accused the players of canceling a bargaining session last week while Hunter was involved with four days of appearances before the NLRB. Sources said an offer by the union to hold a staff-level bargaining session was rejected by the league, and that Hunter was told Stern would be away on vacation this week and next.

Clearly, Stern could easily return to New York for a bargaining session regardless of his vacation plans. So it’s a matter of will on both sides – and a question of whether anything has changed since the fruitless session on Aug. 1. Answer: Probably not. Not yet.
Posted on: August 5, 2011 4:22 pm
 

Sadly, it's players behaving badly

This was all working out so well for the players. Deron Williams said hasta la vista to the lockout and took his talents to Turkey. Kevin Durant lit up Rucker Park with 66 points. Dwyane Wade, Chris Paul and Carmelo Anthony went to China and supposedly came back with lucrative offers for themselves and all their pals.

Or not.

To this point, no superstar has followed D-Will to Turkey or anywhere else. There are complications with these supposedly lucrative offers in China. And oh, we now bring you the widely anticipated and sadly inevitable news of Michael Beasley shoving a fan in the face and Matt Barnes punching an opponent during pro-am games on either coast.

We don't even want to get into the escapades of three former NBA players in the news this week -- Darius Miles, who was arrested for trying to bring a loaded gun through airport security, Rafer Alston, who was sued over his alleged role in a strip club fight, and Samaki Walker, who allegedly tried to dine on eight grams of marijuana during a traffic stop in Arizona, during which police also confiscated prescription drugs and liquid steroids.

Guns, strip clubs and weed -- the trifecta of ammunition for those quick to stereotype NBA players as outlaws, lawbreakers and menaces to society. Great job, guys.

It’s a lockout, so NBA players must be behaving badly. And they are.

I’ve written previously on my disappointment that the stars with all the clout aren’t speaking up for the union in the ongoing labor dispute, preferring instead to stay quiet and tend to their own affairs. The latest flare-up from the NBPA’s knucklehead contingent is proof why union officials disagreed with my premise all along. Simply put, they were happy that the players, by and large, had been conducting themselves professionally during the lockout and not stepping out of line – a la Kenny Anderson, who turned the public on the players when he lamented having to sell some of his luxury cars during the 1998-99 lockout.

The union, it appears, will give up a few sound-byte points to David Stern so long as it can avoid the Kenny Anderson moment. Except now, they have the Michael Beasley moment and the Matt Barnes moment.

The NBA has gone to great lengths in recent years to curtail on-court behavior, clamping down on gesturing, complaining to officials, and the like. But no such rules were in effect at New York City’s Dyckman Park, where Beasley “mushed” the face of a heckler Thursday night. Nor were they in effect at Kezar Pavilion in San Francisco, where Barnes punched an opponent in a pro-am game on the very same night.

Such offenses in an NBA game would’ve earned an ejection, a hefty fine and a pointed rebuke from Stern. But the commissioner has no authority over the players now except in how he nonchalantly eviscerated all their bargaining positions with a smile on ESPN Tuesday night.

“They’re not serious about making a deal with the NBA,” Stern said, with no on-air response from any union representative. “They’re so busy talking about their decertification strategy, following the lead of their attorney, Jeffrey Kessler who did it for the NFL players, and engaging in conversations with agents about it and talking about it constantly, that we think that is distracting them from getting serious and making a deal.”

And now, some players are busy slugging playground wannabes and “mushing” the faces of hecklers from coast to coast, failing to realize that everyone in attendance has a phone capable of recording video and uploading it YouTube for all the world to see. Big difference from the last lockout, when we only got to read about a fraction of the follies the next day in the newspaper.

Making matters worse, just when it seemed that the players had a Kenny Anderson moment to pin on Stern – his bloated salary, which was reported to be between $15 million and $23 million – well, never mind. The Associated Press weighed in, citing multiple league sources who said Stern makes less than baseball commissioner Bud Selig ($18 million) and NFL commissioner Roger Goodell ($11 million). A person with knowledge of the activities of the NBA’s advisory/finance committee – a group of 11 owners who set Stern’s salary – confirmed to CBSSports.com that $10 million or less was “in the ballpark.”

So to sum up, the best strategy the players have against the owners is to walk a straight line (except, now some of them are not) and the threat of stars going overseas (except only one star has done so). And even if more follow – even if 20 more follow – where does that leave the other 400 players? To stay home and receive weekly updates from NBPA president Derek Fisher about how the owners still haven’t moved off their “my-way-or-the-highway” proposal – or to go out and play for free in some exhibition game, where one union member or another might just have to slug somebody?

It’s a tough act to follow, but several star players will try. Even if a dozen or more of them get lucrative deals in China or somewhere else for $1 million a month, that’s still a small fraction of their NBA salaries. Don’t you think Jerry Buss would jump at the chance to pay Kobe Bryant $1 million a month? That’s a hefty discount off his NBA haul of $25 million a year.

How is all of this intertwined? Everything is intertwined during a lockout, and must be viewed through the prism of whether it helps or hurts the players’ bargaining position. Going off on a heckler or opponent at some exhibition game does not qualify as helpful. Except to the traffic on YouTube.
Posted on: August 4, 2011 6:48 pm
Edited on: August 4, 2011 10:44 pm
 

NBPA to file motion to dismiss lawsuit


NEW YORK -- Officials from the National Basketball Players Association huddled Thursday and decided to file a motion to dismiss the NBA's federal lawsuit, a move that likely will come in the next 7-10 days, sources told CBSSports.com.

The decision is hardly stunning, considering attorney Jeffrey Kessler's strident rejection of the basis for the league's suit, which seeks declaratory judgment from the U.S. District Court for the Southern District of New York that the lockout is legal. Also, the NBA is seeking protection on antitrust grounds from a possible decertification by the players (or disclaimer of interest to represent them by the union) and has proclaimed its intention to void all existing contracts if the NBPA dissolves.

Kessler told CBSSports.com Tuesday the lawsuit has "no merit," and that he intends to use it as evidence of the league's bad-faith bargaining in a separate charge pending before the National Labor Relations Board.

Under intense pressure from prominent agents to decertify and file an antitrust lawsuit against the NBA, union chief Billy Hunter has resisted and instead pursued the case under federal labor law with the NLRB, which some legal experts believe could provide the clearest path to an injunction lifting the lockout. The agents shouldn't hold their breath, as decertifying or disclaiming interest now now could impede the progress of the NLRB case, for which a ruling is expected in 30-60 days.

In addition to the federal lawsuit Monday, the NBA also filed its own unfair labor practices charge against the NBPA.

After a motion to dismiss in federal court, the next step would be hearings on the matter before U.S. District Judge Paul Gardephe. If the union had chosen to simply answer the complaint, the case would've proceeded to discovery and then, trial -- though few legal observers or attorneys on either side believe it will ever get to that point.

However, if the two sides wind up in a protracted legal fight, the NBA could benefit from its decision to file pre-emptively in the Second Circuit, thus setting the venue where it has previously defeated the NBPA in an antitrust case. In 1995, the Second U.S. Circuit Court of Appeals ruled against the NBPA when it was seeking to have the salary cap and college draft abolished.
Posted on: August 2, 2011 4:25 pm
 

NBA legal action: What does it mean?

NEW YORK – As it turns out, my question to David Stern as he walked away from a gloomy media scrum Monday night was a prelude to the next phase of the NBA lockout, which has now entered its second month and a new frontier of ugliness.

Stern, who certainly knew full well league attorneys were busy preparing a double-barrel legal assault on the players, thought carefully for a few seconds before answering the question: “Would you say the players are bargaining in good faith, or not?”

We all know what he said, and it was followed up Tuesday with a two-fisted legal maneuver that will set the tone for the next 30-60 days of bargaining – or lack thereof.

What does it mean? First, the easy part: In a charge before the National Labor Relations Board, the league accused the National Basketball Players Association of failing to bargain in good faith – just as Stern said. This was in response to a pending complaint from the players, who leveled the same accusation against the NBA before the NLRB.

You can sum it up like this:

“You’re bargaining in bad faith!”

“No, you are, meathead!” (Archie Bunker sticks out tongue and sprays, “THHZZZZTHZZPPHTH!”

The second action, a federal lawsuit in the Southern District of New York, is more complicated. As we’ve discussed previously, the NBA decided not to sit idly by and wait to see if the NBPA would, in fact, decertify and file an antitrust lawsuit. The league is asking U.S. District Judge Paul Gardephe for a declaratory judgment affirming that the lockout is legal and heading off the players’ potential decertification. The lawsuit stipulates that, even in the event the court finds that the players have the legal right to decertify, all player contracts under the previous collective bargaining agreement would be “void and unenforceable” if the union disbanded.

“These claims were filed in an effort to eliminate the use of impermissible pressure tactics by the union which are impeding the parties’ ability to negotiate a new collective bargaining agreement,” deputy commissioner Adam Silver said. “For the parties to reach agreement on a new CBA, the union must commit to the collective bargaining process fully and in good faith.”

Billy Hunter, the NBPA’s executive director, released a statement Monday calling the NBA’s actions “totally without merit.”

“The litigation tactics of the NBA today are just another example of their bad-faith bargaining and we will seek the complete dismissal of the actions,” Hunter said. “The NBA Players Association has not made any decision to disclaim its role as the collective bargaining representative of the players and has been engaged in good-faith bargaining with the NBA for over two years. We urge the NBA to engage with us at the bargaining table and to use more productively the short time we have left before the 2011-12 season is seriously jeopardized.”

Jeffrey Kessler, the NBPA attorney mentioned frquently in the league's lawsuit, told CBSSports.com the action has "no merit" because the union has made no decision to decertify and has never done so in its history.

"They're just determined to do anything they can to prolong their lockout so they can try to break the players and don't really seem to care about the damage it does to the game," Kessler said. "That’s unfortunate. The players won't be deterred." 

A couple of important points: the NLRB charges (one by each side) follow a different legal track than the federal lawsuit. One does not necessarily influence the other. So first off, nothing the NBA did Monday can stop the players from continuing to follow their most expeditious path to an injunction lifting the lockout – that being a complaint issued by the NLRB and a subsequent request to a federal judge to enjoin the lockout.

Even a ruling in the NBA’s lawsuit asserting that the lockout is legal could not prevent a judge from lifting the lockout via the NLRB case, which is governed by federal labor law – not antitrust law. The Norris-LaGuardia Act, which tripped up the NFL players in their antitrust lawsuit, does not apply to the NLRB cases.

In fact, when asked how the NBA's legal action affects the players' unfair labor practices charge pending before the NLRB, Kessler said told CBSSports.com, "We think this is going to be part of the evidence of their bad faith. This will support the complaint that’s already before the NLRB."

But what the NBA has done here is tried to disarm the players of the legal strategy of decertification, through which they would follow the NFLPA’s lead and challenge the lockout and other practices as violations of antitrust law. Unlike the NFL players, who had to decertify by a collectively bargained deadline, the NBA players were at a legal advantage while they pursued the NLRB charge while keeping decertification and an antitrust suit in their back pockets to use when they saw fit. The NBA’s federal lawsuit seeks to remove this option, purportedly as a way to force the players to soften their bargaining strategy and expedite an agreement on a new CBA.

But the very nature of legal timetables could have the opposite effect. Depending on how the NBPA responds, you could be looking at 60-75 days before the matter would even reach the point of a hearing – much less a decision by the judge. The NBA’s regular season is supposed to open three months from Tuesday, and if both sides want to go to trial, well you can pretty much forget about that.

If an eventual ruling is appealed to the 2nd U.S. Circuit Court of Appeals, it’s difficult to imagine a decision from the appeals panel before the calendar says 2012.

Kessler declined to comment on how and when the players would respond to the lawsuit. As for the NBA's charge of bad-faith bargaining by the players, Kessler said, "We know where the bargaining table is. They know where the bargaining table is. We were just there yesterday, and we came out and found this lawsuit. There's been no breakdown of bargaining except by them."

On the bright side, both sides fully understand – and the courts favor – the notion that the only way this labor dispute will be resolved is at the bargaining table between the parties. So the leverage and threat of various outcomes on every one of these legal tracks are far more important than the outcomes themselves.

The league hopes that the federal lawsuit will cause the union to abandon decertification as a possibility, and that once the antitrust option is “out the door,” as one legal expert put it, the two sides will be better positioned to reach agreement at the bargaining table.

It’s too early to tell whether the NBA will be successful on either front. From now until the district court actually rules on the NBA’s complaint, the union is free to decertify and file whatever lawsuits it wishes – as long as it does so in the 2nd Circuit, since the NBA succeeded in setting the venue by suing first. Also, with numerous players still getting paychecks from last season throughout the summer – and with the league owing the players $188 million in escrow and additional payments based on the 2010-11 BRI audit – the players are in a position to endure the missed paychecks that eventually will come with missed games.

League sources insist there was no Magic to the 2nd Circuit as a venue for its legal action; the court is in Manhattan, where both parties and most potential witnesses are based. But the fact remains that the league could’ve filed the case anywhere in the country where an NBA team exists, and it chose the 2nd Circuit.

A preliminary scouting report on Gardephe shows that he is a Republican appointee, having received his ticket to the bench by President George W. Bush in 2008, and thus could be considered a pro-management judge. Either way, the league has set home-court advantage – which is every bit as important in a basketball lawsuit as it is in a basketball game.

Basketball fans who want to see games, meanwhile, can only hope it doesn’t get to that point.
Posted on: August 1, 2011 6:54 pm
Edited on: August 1, 2011 7:17 pm
 

Stern accuses players of bad-faith bargaining

NEW YORK – The NBA labor talks took on a poisonous tone Monday, with each side lobbing rhetoric about the other not being willing to negotiate. The coup de grace came shortly before 6 p.m., from commissioner David Stern.

Standing in a midtown hotel lobby after a nearly three-hour farce of a bargaining session – the first between the two sides since owners imposed a lockout on July 1 – Stern fielded one last question in a terse and decidedly glum media session. After saying, “I don’t feel optimistic about the players’ willingness to engage in a serious way,” Stern was asked if he believes the players are bargaining in good faith, or not.

The grim-faced commissioner thought about it for several seconds and said, “I would say not. Thank you.”

And with those comments, Stern’s most direct public assault on the players during the more than two years of bargaining, the NBA lockout took its next step toward all-out legal warfare.

The National Basketball Players Association already has filed a charge with the National Labor Relations Board alleging, among other things, that the owners have failed to bargain in good faith. The players’ hope is that this charge will result in a formal complaint from the NLRB, and then, an injunction from a federal judge reinstating the terms of the previous collective bargaining agreement. Short of decertification by the union, this would be the quickest path for the players to legally pressure the owners to back down from their demands of massive salary cuts as a cure for $300 million annual losses by the league.

With Stern firing back Monday that it’s the players who are not bargaining in good faith, he set the stage for a possible counter-charge by the league with the NLRB on the subject of good-faith bargaining. Such a legal strategy, which league officials would not confirm Monday as being on the table, could blunt the impact of the players’ charge and – more importantly – drag the lockout precariously into territory where it would be impossible to save all of the 2011-12 season.

As a point of reference, the NFL owners filed a similar charge with the NLRB in February, and that sport’s lockout ended before the board even finished investigating it. NBPA attorney Larry Katz has said he is hopeful that the NLRB will rule on the union’s complaint in the next 30-60 days. Training camps are supposed to open in about 60 days.

“I think it’s fair to say that we’re in the same place as we were 30 days ago,” Stern said. “And we agreed we’d be in touch to schedule some additional meetings.”

Asked why that would be necessary, given the lack of progress, Stern said, “There’s always a reason for more meetings because that’s the only way you’ll ultimately get to a deal, at the negotiating table. You never know, but right now we haven’t seen any movement.”

Earlier, NBPA president Derek Fisher accused Stern, deputy commissioner Adam Silver and the owners present Monday – San Antonio’s Peter Holt and Minnesota’s Glen Taylor – of saying one thing in the negotiating sessions and publicly and delivering quite another message by refusing to alter their proposal.

“I think Peter and Glen Taylor, Mr. Stern, Adam Silver are articulating certain things in the room, expressing their desire to get a deal done,” Fisher said. “But where their proposal lies makes it hard to believe that.”

Informed of Fisher’s comments, which echo the NLRB charge about failing to bargain in good faith, stern said, “He’s entitled to draw his own conclusion. We have absolutely the opposite take on it.”

While Fisher expressed optimism about “restarting this process,” Stern was asked what may have occurred Monday that gave him encouragement.

“Nothing,” he said.

The two sides agree on one thing, if nothing else: They’ll attempt to schedule at least one bargaining session in the next couple of weeks, with the ultimate goal of engaging in talks for consecutive days before Sept. 1. At that point, the league will be entering what essentially is a two-week window when it must begin contemplating the postponement of training camps and the cancelation of preseason games.

“There was a lot of discussion, a lot of ideas being thrown around,” said Fisher, adding that one irrefutable fact is becoming “clearer and clearer” about the owners’ position.

“What the bottom line is, is what the bottom line is,” Fisher said.

Stern disagreed, saying the owners’ offer of $1.4 billion in revenues to the players – a more than 33 percent pay cut in their initial proposal -- has consistently increased, and most recently was at $2 billion.

“We’ve made several offers, but we don’t feel significant movement back,” Stern said. “As we pointed out to the players, their last offer, 30 days ago, was to take their (average) salaries from $5 million to $7 million over a six-year period. So there’s still a very wide gap between us.”

The players dispute Stern’s repeated portrayal of their proposal, which they say starts off with a reduction in the players’ percentage of revenues from 57 percent to 54.3 percent in the first year of a six-year deal that would slow the growth of salaries by about $100 million a year.

Stern went so far as to use concessions made by NFL players in ending that sport’s lockout as justification for the NBA’s demands.

“From where we sit, we’re looking at a league that was the most profitable in sports that became more profitable by virtue of concessions from their players with an average salary of $2 million,” Stern said. “Our average salary is $5 million, we’re not profitable, and we just can’t seem to get over the gap that separates us.”

What Stern missed – and perhaps Fisher, too – was a moment in the Omni Berkshire Hotel lobby that summed up the sad state of affairs better than either man could. As Fisher addressed the media, a young boy walked by and said excitedly to his father, “Dad, that’s Derek Fisher!”

As his father fumbled for his camera to capture a moment more inglorious than he knew, the boy said, “This must be about the NBA lockout.”

And it’s only going to get worse from here, for kids like that.
Posted on: July 29, 2011 1:00 pm
Edited on: July 29, 2011 5:05 pm
 

Union backing overseas pursuits


The NBA players' association disagrees with me over the usefulness of players signing overseas during the lockout. We can differ over how much leverage the strategy provides in collective bargaining, but there's no disputing this notion: Players are pursuing deals overseas with the full backing and encouragement of the union.

The latest subplot of international intrigue came Friday, with word that Bucks guard Keyon Dooling -- a vice president of the National Basketball Players Association -- was close to a deal with the Turkish team Efes Istanbul. Earlier, we learned that none other than Kobe Bryant was scheduled to meet over the weekend with Besiktas, the Turkish team that previously signed Nets guard Deron Williams.

Seref Yalcin, head of basketball operations for Besiktas, told reporters in Turkey this week that there's a "50 percent chance" that Bryant signs with a Turkish team, according to Reuters. Despite the fact that Besiktas' assets are frozen in connection with a soccer match-fixing scandal, Yalcin said, "Money will not be a problem." He cited Turkish Airlines, with whom Bryant has a promotional agreement, and two oil companies as potential sponsors for a contract that could pay Bryant between $500,000 and $1 million a month.

Williams' deal with Besiktas reportedly is for $5 million, with an escape clause to return to the NBA when the lockout ends.

Also on Friday, FIBA -- the governing body of international basketball -- issued a statement saying it will approve the transfer of players under contract with NBA teams to play for FIBA teams during the lockout. NBA officials have been under the impression for months that one risk of imposing a lockout is seeing players find opportunities to play -- and make money -- overseas. Legally, the NBA has no way to stop them, especially now that FIBA is on board.

UPDATE: Later Friday, NBPA executive director Billy Hunter released a statement applauding FIBA's decision.

"The NBPA and our players are gratified by today's announcement by FIBA, although it comes as no surprise," Hunter said. "We have consistently advised our members that in the event of a lockout they would have the right to be compensated for playing basketball irrespective of whether they were under contract to an NBA team or not. We have encouraged all of our players to pursue such opportunities and will continue to do so. In the face of the economic pressure that the NBA has attempted to exert by imposing a lockout, our players are unified and eager to demonstrate that the NBA's tactics will be unsuccessful."

Whether or not significant stars follow Williams to FIBA clubs remains to be seen, but Bryant would be the biggest fish ensnared by the strategy and could pull others along with him. Whether signing overseas provides actual leverage to the union in showing that the NBA isn't the only game in town for locked-out players, or simply illustrates that stars are going to "get theirs" and leave the lockout to the rank and file, is a matter for debate. But there is no questioning where the NBPA stands on this issue: The union has told players it will support, and encourage their efforts to get jobs overseas.

Who will insure the players' current and future NBA earnings against injury while they're globetrotting during the lockout is an issue that every player contemplating such a move has to seriously consider.

Posted on: July 28, 2011 3:44 pm
 

Bargaining: Blink and you'll miss it


NEW YORK -- Owners and players finally will get together for a full-fledged bargaining session Monday, one month to the day since the NBA imposed a lockout.

Don't get your hopes up.

During the 1998-99 lockout, which killed the All-Star Game and nearly half the regular season schedule, NBA owners and players reconvened on Aug. 6 for a bargaining session that didn't last long and didn't go well. The owners got up and left upon receiving the players' new proposal.

I can't predict whether Monday's session -- the first including commissioner David Stern and union chief Billy Hunter since the lockout was imposed July 1 -- will be similarly dramatic and unproductive. Well, unproductive, yes. If we've learned anything over the past two years, it's that these negotiations are going nowhere fast.

Monday's session will be good for business at the Omni Berkshire Hotel, but that's about it. It'll be like Seinfeld -- a show about nothing.

For one, the pressure of losing regular season games isn't real yet for either side. Neither is the threat of losing money, especially after it was revealed last week that not only will the players get their $162 million escrow withholding back because salaries did not exceed 57 percent of BRI, but they also will receive an additional $26 million because salaries came in slightly lower. That's $188 million deposited into the players' lockout warchest, paid out according to salary.

But the real issue, which we'll explore further on Friday, is that no legal threat or leverage has emerged to force either side to move significantly off its position and bargain -- no, compromise -- for a deal. As of now, the players are waiting for the National Labor Relations Board to decide whether to issue a complaint against the NBA based on their charge of failing to bargain in good faith, among other things. Most legal experts believe the players will be waiting another 30-60 days for that decision, at least. But if it results in a complaint, the NLRB could ask a federal district court for an injuction suspending the lockout -- an outcome that wouldn't be likely if the NBPA decertified and filed an anti-trust lawsuit like the NFLPA did. Just something to keep in mind for those clamoring for the NBPA to decertify. It isn't time for that yet.

Eventually, both sides are going to have to solve this at the bargaining table. But as you'll see in Friday's column setting the stage for the next bargaining session, the pressure to do that is only going to come from a judge, a court, or the NLRB. Until then, enjoy Monday -- opening day in this summer of pointless negotiations leading nowhere.

Category: NBA
Posted on: July 28, 2011 3:42 pm
Edited on: July 28, 2011 3:46 pm
 

Bargaining: Blink and you'll miss it


NEW YORK -- Owners and players finally will get together for a full-fledged bargaining session Monday, one month to the day since the NBA imposed a lockout.

Don't get your hopes up.

During the 1998-99 lockout, which killed the All-Star Game and nearly half the regular season schedule, NBA owners and players reconvened on Aug. 6 for a bargaining session that didn't last long and didn't go well. The owners got up and left upon receiving the players' new proposal.

I can't predict whether Monday's session -- the first including commissioner David Stern and union chief Billy Hunter since the lockout was imposed July 1 -- will be similarly dramatic and unproductive. Well, unproductive, yes. If we've learned anything over the past two years, it's that these negotiations are going nowhere fast.

Monday's session will be good for business at the Omni Berkshire Hotel, but that's about it. It'll be like Seinfeld -- a show about nothing.

For one, the pressure of losing regular season games isn't real yet for either side. Neither is the threat of losing money, especially after it was revealed last week that not only will the players get their $162 million escrow withholding back because salaries did not exceed 57 percent of BRI, but they also will receive an additional $26 million because salaries came in slightly lower. That's $188 million deposited into the players' lockout warchest, paid out according to salary.

But the real issue, which we'll explore further on Friday, is that no legal threat or leverage has emerged to force either side to move significantly off its position and bargain -- no, compromise -- for a deal. As of now, the players are waiting for the National Labor Relations Board to decide whether to issue a complaint against the NBA based on their charge of failing to bargain in good faith, among other things. Most legal experts believe the players will be waiting another 30-60 days for that decision, at least. But if it results in a complaint, the NLRB could ask a federal district court for an injuction suspending the lockout -- an outcome that wouldn't be likely if the NBPA decertified and filed an anti-trust lawsuit like the NFLPA did. Just something to keep in mind for those clamoring for the NBPA to decertify. It isn't time for that yet.

Eventually, both sides are going to have to solve this at the bargaining table. But as you'll see in Friday's column setting the stage for the next bargaining session, the pressure to do that is only going to come from a judge, a court, or the NLRB. Until then, enjoy Monday -- opening day in this summer of pointless negotiations leading nowhere.

Category: NBA
 
 
 
 
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