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Tag:National Labor Relations Board
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.
 
 
 
 
The views expressed in this blog are solely those of the author and do not reflect the views of CBS Sports or CBSSports.com