Tag:NLRB
Posted on: November 8, 2011 8:53 pm
Edited on: November 8, 2011 9:07 pm
 

Hunter 'cool' with Pierce's decert movement

NEW YORK -- Union chief Billy Hunter said Tuesday he's "cool" with Paul Pierce leading a decertification movement within the National Basketball Players Association and is "not at all opposed" to the Celtics star taking the lead.

"I think Paul is kind of frustrated with the process," Hunter said after a news conference in which the players said they were rejecting the league's latest take-it-or-leave-it proposal. "Paul has been at the bargaining table and he doesn’t feel that we’ve been making any kind of progress. And so he thought that maybe that’s necessary. We don’t have a lot of options and that’s the option Paul was pushing – still is pushing."

Asked in a small group of reporters if he's cool with that, Hunter said, "Of course. Listen, I’m cool with Paul and all these guys. I think it’s very important. I’m happy that Paul and the others are involved in the process. That’s always been the problem with athletes, that a lot of stuff is foisted on them and they have no input. Paul has been actively engaged, he understands, he’s been in five or six of our negotiating sessions, he talks to me, and when they had the (decertification) calls, he called and let me know that they were having the calls. And I said, 'Hey, I'm not at all opposed to you doing that.' ... I endorse what Paul did."

Hunter later said in an interview on NBA TV that Pierce informed him Tuesday that about 200 players have committed to signing a petition seeking a decertification election if a deal is not consummated before commissioner David Stern's 5 p.m. ET Wednesday deadline to accept the owners' latest proposal -- which includes the same 50-50 split of revenues the union is now prepared to accept.

With owners almost certainly following through on their threat to forward a worse proposal to the players if they didn't accept the one on the table, the talks could be thrust into chaos even if Hunter is successful in securing another bargaining session Wednesday. Once the decertification petition is filed with the National Labor Relations Board, the players seeking to dissolve the union would have to wait 45-60 days for the agency to hold an election -- a period during which negotiations with the NBPA could continue.

But given how long Hunter has been waiting for the NLRB to act on the union's unfair labor practices charge, filed in May and amended in July, it's anyone's guess as to whether a decertification threat could be carried out and reach a conclusion in time to save the season. In general, the NLRB does not authorize decertification petitions and or schedule elections while a union has an unfair labor practices charge pending.

"It’s like waiting for the fairy godmother," Hunter said, chiding the NLRB for failing to act on the union's charge, for which a complaint against the NBA could result in a federal injunction lifting the lockout. The NBA subsequently filed am NLRB charge of failing to bargain in good faith against the union, and there's been no action on that one, either.

"I'm hoping that they will get some expedition, particularly if they’re reading in the papers all the things that are happening," Hunter said. "It’s getting hectic on both sides of the table. It’s a federal agency beaurocracy and maybe they think it’s too hot a potato, they don’t want to touch it."

Or just as likely, the NLRB has been hoping the two parties can reach a new collective bargaining agreement on their own without the agency's intervention. If rational minds prevail, that's still possible -- given that the league and union have finally closed what was once a multi-billion-dollar economic gap and have only a handful of system issues, some fairly minor, standing in the way of a deal.



Posted on: October 3, 2011 1:35 pm
 

Tellem's cousin recused from NLRB case

NEW YORK -- Elbert Tellem, the assistant director of the National Labor Relations Board's regional office that handled the players' union's charge against the NBA, has recused himself from the case because he is the cousin of powerful agent Arn Tellem.

Sports Business Journal first reported the news Monday, and a person familiar with the decision told CBSSports.com it happened several weeks ago.

The move by Tellem to remove himself from any decision-making role in the union's unfair labor practices charge likely will have no impact on the outcome. The case, which has been sent to the NLRB's general counsel in Washington, D.C., with a sealed recommendation from the regional office in New York, was handled by acting regional director Karen Fernbach.

The National Basketball Players Association, which continued bargaining talks with league negotiators Monday in a last-ditch effort to prevent the cancellation of regular season games, hopes to compel the NLRB to issue a complaint against the league for failing to bargain in good faith. If the union is successful, the end result could be an injunction by a federal judge lifting the lockout.

Neither side knows what the regional office recommended, and the general counsel could take days, weeks or months to review the case and either follow or reject the regional office's recommendation. A person familiar with the NLRB's procedures told CBSSports.com Monday it is the agency's hope that the two sides settle their labor dispute among themselves.

The conflict of interest for Elbert Tellem stemmed from his family relation to Arn Tellem, the powerful agent from Wasserman Media Group who represents such NBA stars as Derrick Rose, Pau Gasol, LaMarcus Aldridge, Joe Johnson, Russell Westbrook and Tyreke Evans. Tellem has been among a handful of powerful agents who have consistently disagreed with the union's bargaining and legal strategies while pushing behind the scenes for the players to decertify union membership as a tactic to force the owners to bargain more seriously.
Posted on: September 27, 2011 10:11 pm
Edited on: September 27, 2011 11:10 pm
 

Sources: Owners drop insistence on hard cap

NEW YORK -- Owners have indicated a willingness to drop their insistence on a hard team salary cap in exchange for adjustments to the luxury tax system and key spending exceptions, two people with knowledge of the negotiations told CBSSports.com Tuesday night.

The offer by league negotiators came Tuesday in a brief, two-hour bargaining session that set the stage for what one source described as "an important day" on Wednesday.

"It's put up or shut up time," said the person, who is connected to the talks but spoke on condition of anonymity due to the sensitivity of the negotiations.

The flexibility in the owners' longstanding insistence on a hard team-by-team cap, first reported by Yahoo Sports, comes with significant strings attached. Among the many concepts league negotiators proposed Tuesday were a more punitive luxury tax and adjustments to two key spending exceptions that teams had under previous agreements: the Larry Bird exception and the mid-level exception. Both would have been eliminated under the owners' original proposal from two years ago, with many of those dramatic systemic changes living on in subsequent proposals until Tuesday.

There is a feeling among two people who have been briefed on the talks that the owners will come forward Wednesday with an enhanced version of the concepts proposed Tuesday. According to the sources, among the additions could be a proposed 50-50 revenue split, which to this point the league has not reached in terms of the players' average share over the life of a new CBA in its previous proposals.

As for the system changes the owners proposed Tuesday in exchange for relaxing their stance on the hard team salary cap, one of the people briefed on the talks said union officials regarded them as "alarming."

Billy Hunter, executive director of the National Basketball Players Association, has often referred to a hard team salary cap as a "blood issue." Union president Derek Fisher scoffed at the owners' June proposal of a "flex cap" with a spending midpoint and a range as being, for all intents and purposes, a hard cap. Paramount in the players' opposition to a hard team cap is that the NBA already has a spending cap in the aggregate; under the previous CBA, the players were limited to 57 percent of basketball-related income (BRI), with an escrow system in place to guarantee they'd get no more and no less.

Even if the owners improved their economic proposal to 50-50 on Wednesday -- up from the 46 percent average share sources said they offered last week -- it seems unlikely that union officials would accept that without significant pushback on the system adjustments that are tied to it. And it is even less likely that Hunter and Fisher, under pressure from powerful agents pushing to dissolve the union through decertification or a disclaimer of interest, would be able to garner support for such a deal in the face of such opposition.

"We already have a hard salary cap," one person connected to the talks told CBSSports.com Tuesday night. "That train left the station in the last collective bargaining. If you accept that as an important victory point, then we've been bamboozled."

Whether viewed as a meaningful concession or not, the revelation from the owners Tuesday set the stage for an absolutely critical day of negotiating on Wednesday. With more preseason games on the chopping block next week and with an on-time start to the regular season unlikely if there's no deal, this is the moment of truth these negotiations began inching toward last week when league negotiators made a specific proposal on the BRI split for the first time since they offered a flat $2 billion-a-year over the first eight years of a 10-year deal back in June.

Though a person with knowledge of the talks said the union deemed the owners' 46 percent offer "unacceptable," Hunter and Fisher believed it was the starting point in the real negotiations to save the season. 

In another wrinkle that could be key to the talks, the NBPA's unfair labor practices charge against the league has been transferred from the National Labor Relations Board's regional office in New York to the general counsel in Washington, D.C., a person with knowledge of the situation told CBSSports.com. The case file includes the regional director's recommendation about whether a complaint should be issued against the NBA, but the file is sealed, the person said.

After what is expected to be an exhaustive review of the case by the NLRB's Washington-based legal staff, a decision will be rendered on whether a complaint should be filed. Though Hunter is feeling pressure from agents who are pushing for the union to decertify -- a tactic that the NFLPA used, to little effect, in its bargaining talks with the NFL -- a person with knowledge of his thinking said Hunter is determined to keep the union together until the NLRB rules. A favorable ruling for the NBPA could result in a federal injunction lifting the lockout, thus shifting significant leverage to the players.

The NBA subsequently filed its own unfair labor practices charge against the NBPA, and it is possible that the NLRB may not rule on either case in time for the two sides to negotiate a settlement that would save the season.

Amid the divided opinions on decertification, Fisher sent a second letter to union members this week in which he again urged unity and tried to reassure players that he and Hunter would not sell them out just to get a deal. Fisher reiterated the union's resistance to a hard team salary cap and promised to fight for players to share fairly in the league's revenue growth -- which is expected to continue rising at a 4 percent-a-year clip, plus the possibility of massive gains in the NBA's broadcast rights deals when they expire after the 2015-16 season.

"We’ve been clear from Day 1 of this process that we cannot sign off on a deal that attempts in any way to include a hard salary cap for our teams. That has not changed,” Fisher said in the letter. “Unless you, the group we represent, tell us otherwise, we are prepared to hold the line for as long as it takes to preserve the system we’ve worked so hard to build.”

After Tuesday's meeting, Fisher emerged in a far more upbeat mood than he and commissioner David Stern had exhibited following last week's meeting. The two sides broke off talks about three hours shy of a typical session and said they needed to retreat to their own offices for private meetings before reconvening on Wednesday.

"We’ve talked extensively about ideas and concepts," Fisher said. "These are things that, if we could get into the range or get into the zone, maybe we can put a deal together."

Time, and new ideas, are running short.
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 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.
 
 
 
 
The views expressed in this blog are solely those of the author and do not reflect the views of CBS Sports or CBSSports.com