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Tag:Derek Fisher
Posted on: September 6, 2011 3:38 pm
Edited on: September 6, 2011 3:44 pm
 

League, players meeting on two fronts Wednesday

NEW YORK -- It will be a busy day Wednesday in the NBA labor case, with another bargaining session featuring only the heaviest hitters and activity in the league's federal lawsuit against the players, as well.

In addition to the second meeting in as many weeks among the top negotiators for both sides, the judge in the NBA's federal lawsuit in the Southern District of New York has called a telephone conference for 5 p.m. Wednesday. U.S. District Judge Paul Gardephe has ordered attorneys for both sides to join a conference call to discuss the scheduling of hearings, the basic positions on each side and the motion to dismiss the players' attorneys have informed the court they will be filing.

In short, it will be the busiest day of the lockout, now in its third month, since the NBA sued the National Basketball Players Association in federal court and also filed an unfair labor practices charge with the National Labor Relations Board on Aug. 2.

Progress? Maybe. The two sides at least have been able to agree on how to conduct the negotiations, even if they remain fairly entrenched in their positions. All precautions the league and players have agreed to -- limiting the number of people in the room for bargaining sessions, endeavoring to keep the timing and location of the talks secret and vowing not to publicly discuss what happens in the meetings -- have been steps that are conducive to constructive negotiations that actually could lead to a compromise.

The sessions that led to the July 1 lockout and the first two meetings thereafter were tinged with rhetoric and ill will -- distracting forces that have since been eliminated. As was the case the last time the two sides met, Wednesday's meeting will be limited to commissioner David Stern, deputy commissioner Adam Silver and Spurs owner Peter Holt representing the league side with union chief Billy Hunter, president Derek Fisher and lead counsel Ron Klempner appearing for the players.

As for the legal developments, the federal court conference is a mere formality, but a reminder to all involved on both sides that the case will move forward at an excruciatingly slow pace if they don't reach an agreement in time to avoid the cancellation of games. In the players' NLRB case, which remains the most expeditious path to legal leverage for either side, the investigation has concluded and both sides are awaiting a decision from the board. No one on either side is willing to hazard a guess as to when that will happen.

One thing both sides have agreed on from the beginning is that the only realistic resolution to this dispute will happen at the bargaining table, and so it should be taken with a reasonable amount of optimism that the only people with the power to make that happen will be staring across the table at each other again Wednesday for the second time in 14 days. It isn't insignificant at all.

Longtime NBA writer Chris Sheridan, who has left ESPN to launch his own site, has been more optimistic than most from the beginning. And Sheridan, national NBA writer for the Associated Press for a decade before spending the past six years at ESPN, launched the aforementioned site Tuesday with a carefully executed piece detailing why the two sides aren't as far apart as they've been letting on. In the newspaper-dominated days when Sheridan covered the 1998-99 lockout, there was no more challenging job in sports media than covering a competitive national news story for the AP, so he knows of what he speaks.

My take: Nothing has changed, per se, on either side. But what we're beginning to witness with the secretive meetings with only the big dogs invited is a demonstration that the league and players are meandering down the path they have been destined to travel for months. The loud, destructive voices have been banished from the negotiating room, the rhetoric has been toned down or eliminated and the time has come to "give peace a chance," as one source deeply involved in the talks put it.

The heating up of meaningful bargaining is in lock step with the timetable and various external forces I laid out for you here, when I predicted on July 1 that the league and players would agree on a new collective bargaining agreement in time to avoid missing any regular season games. It's worth reading back on that predicted timeline now, because Wednesday's bargaining session will occur one day before a very key date in my timeline: Sept. 8, opening night of the NFL season. The NFL owns the fall sports calendar no matter what, but there's great risk to the NBA and to the players if they give up whatever foothold both have worked so hard to achieve.

In the absence of any external legal pressure or leverage for either side, the calendar is beginning to do its job. That doesn't mean there will be a deal in the next six weeks and that a shortened or lost season will be averted. But it means that an environment conducive to actually negotiating finally has been achieved. And for those hoping to see the NBA on display in 2011-12, that is anything but a bad thing.


 


Posted on: August 25, 2011 12:46 pm
Edited on: August 25, 2011 1:04 pm
 

League, union to meet next week

NEW YORK -- While owners and players are not expected to hold the second full bargaining session of the lockout until next month, a high-level meeting of top negotiators for both sides will take place next week, a person with knowledge of the meeting confirmed to CBSSports.com on Thursday.

The session is expected to include only the highest-level people from both sides, likely limited to commisioner David Stern, deputy commissioner Adam Silver, union chief Billy Hunter and president Derek Fisher, the person said. Also possibly in attendance could be Spurs owner Peter Holt, the chairman of the owners' labor relations committee.

The limited number of people in the room and the fact that both sides are trying to keep the meeting quiet -- not even divulging the date or location in an effort to avoid media coverage -- should be seen as positive signs. Though full bargaining sessions featuring multiple owners and players get more public attention, smaller sessions -- especially involving the lead negotiators -- typically are more conducive to serious negotiation.

The sides have convened only one full bargaining session since owners imposed the lockout on July 1, and the day after that session, the NBA filed an unfair labor practices charge and federal lawsuit against the National Basketball Players Association.

There is no indication that either side's position has changed. In fact, to the contrary, as NBPA officials travel the country informing players of the status of talks, the rhetoric from both sides has reached an unhealthy level. Players have beome incensed with Stern's public characterization of the owners' position in various media appearances, and their latest retort came Wednesday from union vice president Maurice Evans, who took Stern to task for his portrayal of the owners' latest offer.

 "In the proposals we've given them, the players have compromised over $650 million into the owners' pockets over six years," Evans said. "You say you're losing money, and we've offered over $100 million a year to take out of our pockets and they say, 'That's all? That's all? Just a modest $100 million a year?' That's just not bargaining in good faith. It's hard to get anything done that way."

No significant movement is expected until the players' unfair labor practices complaint is acted upon by the National Labor Relations Board or the two sides get close enough to a time when regular season games would be jeopardized. As in the 1998-99 lockout, mid-October represents the timeframe when the league would have to begin canceling games.

A complaint from the NLRB against the league on the players' charge of failing to bargain in good faith, which could come in the next 30 days, would provide leverage for the NBPA in the form of a possible federal injunction lifting the lockout. Conversely, a failure in the players' bid to get the NLRB to issue a complaint would bolster the owners' position. Either result would be likely to spur more serious bargaining and enhance the chances of compromise. 

Until then, a small meeting of the most important minds involved in the process couldn't hurt. 
Posted on: August 24, 2011 10:53 pm
Edited on: August 25, 2011 12:56 pm
 

NBPA's Evans says players 'ready to negotiate'

While the National Basketball Players Association continued a whirlwind tour of regional meetings in New York on Wednesday, there was little indication any of those meetings could bring them face-to-face with their employers anytime soon.

After union officials briefed about 10 players on the dismal state of collective bargaining talks at the NBPA headquarters in Harlem, union vice president Mo Evans said there were no immediate plans for a full bargaining session until perhaps after Labor Day.

UPDATE: There will, however, be a secretive meeting of only the highest-level negotiators for both sides next week, a person familiar with the meeting told CBSSports.com on Thursday. The session is expected to include only commissioner David Stern, deputy commissioner Adam Silver, union chief Billy Hunter and president Derek Fisher. Also present could be Spurs owner Peter Holt, the chairman of the owners' labor relations committee. But no other players or owners are expected to be included, which could create an environment conducive to productive negotiation.

"We're looking forward to the owners re-engaging us after a couple of weeks of vacation," Evans told CBSSports.com by phone after landing in Chicago, where the NBPA will hold another regional meeting Thursday. "We're ready to negotiate. We're ready and we're available."

Each side, however, is endeavoring to prove otherwise before the National Labor Relations Board. Earlier this month, the NBA filed its own charge accusing the players of failing to bargain in good faith after the union accused the owners of the same back in May. There has been only one bargaining session involving all the key players from both sides since the owners imposed the lockout July 1.

"Even in that meeting we had, they didn't engage," Evans said. "In the proposals we've given them, the players have compromised over $650 million into the owners' pockets over six years. You say you're losing money, and we've offered over $100 million a year to take out of our pockets and they say, 'That's all? That's all? Just a modest $100 million a year?' That's just not bargaining in good faith. It's hard to get anything done that way."

The players have been flustered by Stern's public characterization of the owners' position in recent media appearances, and Evans said the purpose of the regional meetings is to "inform the players" of how Stern has been untruthful and "very inaccurate" in his portrayal of what the owners have proposed.

The NBA contends that the players' $100 million-a-year concession would result in the average player salary rising from its current level of about $5 million to $7 million by the end of the NBPA's six-year proposal and says the players actually are proposing slowing the growth of salaries by $100 million a year. With every dollar sign and zero, the fans' eyes glaze over.

"We're not so much frustrated," Evans said. "We're just not being impatient. Nothing's lost, nothing's jeopardized as of now. But we are eager to get this back on track. We're coming off a lot of record highs in terms of ratings and BRI, and the game is in such a good place. The NFL gets a 10-year deal, and I've been to some NFL (preseason) games and the fans are so excited. We owe that to our fans as well."

In meeting with players throughout the country -- more than 70 in Los Angeles and about 35 in Las Vegas last week -- Evans has heard a gathering insistence among NBPA members that they are willing to lose the entire season if that's what it takes to get a "fair deal," he said.

"The guys are willing to suck it up as long as we have to in order to stand up for what's right and protect what all the great players who've come before us have fought for," Evans said. "The Bill Russells, Michael Jordans, Larry Birds and Magic Johnsons have done great things to allow us to make the salaries we have and wear these great uniforms. It'd be a shame to give up everything those guys have fought for."

Reality dictates that neither side will give up anything until forced to do so. The only forces bearing down on these labor talks that could result in a change of heart are the players' unfair labor practices charge against the owners, which could result in a federal injunction lifting the lockout if successful, and the calendar itself. Sources on both sides understand that once the calendar flips to October, the currently distant threat of games being canceled becomes harsh reality.

"In the more than two years I've been associated with this, we've been in entire sessions on ways to increase revenues and improve the game," Evans said. "We've suggested all kinds of awesome ways that will create even more competitive balance and increase profitability. But that's not what they're interested in. The only thing they're interested in is the players taking a cut and increasing the owners' profits."


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 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 19, 2011 7:29 pm
 

Full labor session not likely before August

While the basketball world was obsessed Tuesday with the release of an NBA schedule that may never happen, CBSSports.com has learned that the owners and players may not convene for another full-blown collective bargaining session until August.

It is up for interpretation, however, whether that would put the two sides behind the negotiating pace set during the 1998-99 lockout. Back then, it was 37 days between the imposition of the lockout on July 1 and the next bargaining session on Aug. 6.

But this time, the two sides have met once at the staff level -- last Friday -- and are scheduled to gather again this Friday for a second meeting. In the smaller sessions, which have not included commissioner David Stern or union chief Billy Hunter, the focus has shifted from the larger economic issues that led to the labor impasse to smaller-ticket system items such as how a new salary cap would be structured, according to sources familiar with the negotiations.

The highest-ranking figures involved in the smaller staff meetings have been deputy commissioner Adam Silver and Ron Klempner, associate general counsel for the National Basketball Players Association. NBPA attorney Jeffrey Kessler has not been involved, perhaps due to his obligations with hammering out the final details of a new NFL collective bargaining agreement. Kessler represents the players' associations in both locked-out sports.

It is possible that the two staffs could negotiate again next week, but sources said it does not appear likely that a full session -- including Stern, Hunter, Kessler, owners and players -- could occur until sometime in August. Though this technically would put the two sides behind the pace from 1998-99, when the lockout resulted in a shortened 50-game schedule, it is possible that the smaller meetings could create some much-needed momentum before the heavy hitters become involved in the process again.

When bargaining broke off June 30, hours before the owners officially imposed a lockout, both sides alluded to first making progress on less controversial topics when bargaining resumed, and then returning to the biggest philosophical divide -- the split of revenues.

"Both sides left the room still fully committed to getting a collective bargaining agreement done," NBPA president Derek Fisher said.
Posted on: June 27, 2011 11:55 am
Edited on: June 27, 2011 12:12 pm
 

Labor update as NBA heads for 'ugly' lockout

NEW YORK -- The NBA owners' planning committee is meeting by conference call Monday to tackle one of the most significant sticking points that have kept the league's imperiled labor negotiations from progressing toward any chance of a deal: revenue sharing.

The committee, led by chairman Wyc Grousbeck of the Celtics, had been scheduled to meet last Friday in conjunction with a full-blown bargaining session with players, but the session was rescheduled.

The status of owners' work on a revamped revenue sharing program -- and the sharing of that information with the National Basketball Players Association -- is viewed as paramount to any slim chances the two sides have of progressing toward a new collective bargaining agreement by midnight Thursday, the expiration of the current deal. Commissioner David Stern last week disputed the union's assertion that owners have not shared "one iota" of their revenue sharing plan, and the upshot was this: not only can owners and players not agree on the league's financial losses, they cannot even agree whether revenue-sharing information has been shared with the players.

The owners' full Board of Governors is scheduled to meet Tuesday in Dallas in preparation for either one last push toward a deal or the lockout that executives on both sides have viewed as all but inevitable for the better part of two years. The owners and players are tentatively scheduled to convene in New York Wednesday and/or Thursday to take one final stab at making a deal. If enough progress is not made to at least prompt an extension of the negotiating deadline, owners are prepared to impose a lockout at 12:01 a.m. ET Friday. The Board of Governors could conduct a procedural vote Tuesday in Dallas to authorize the labor relations committee to lock the players out, although Stern said such a vote could be taken at any time and wouldn't have to be done in person.

At the Tuesday meeting, the labor relations committee -- led by Spurs owner Peter Holt -- will update the full board on the progress in collective bargaining talk with the players. That presentation should take about as long as it takes Tony Parker to get to the basket from the foul line. Despite bargaining sessions in Dallas and Miami during the NBA Finals, and three sessions last week in New York, the two sides appear no closer to a deal than they were in January 2010 -- when owners first presented a draconian proposal calling for a $45 million hard salary cap, the elimination of fully guaranteed contracts, and a more than 33 percent rollback of player salaries.

Owners have since moved about $650 million annually on their salary demands, offering to guarantee players no less than $2 billion in salary and benefits over the life of a 10-year CBA. They also have relaxed their insistence on banning fully guaranteed deals -- though contracts would be for a maximum of three or four years under their proposal, as opposed to the five- and six-year deals free agents can sign under the current CBA, with the extra year in both cases going to a player re-signing with his current team.

Owners also made what they portrayed as a significant concession in offering a "flex cap" concept with a $62 million target for all teams and a top and bottom range to be negotiated with the players. The NBPA rejected this proposal during a week filled with incendiary rhetoric, with union president Derek Fisher of the Lakers calling it a hard cap in disguise and saying it was a "total distortion of reality."

The players have made two significant economic moves during the recent talks, first offering to take a $318 million pay cut over a five-year deal and then raising that offer to $500 million. Stern referred to the latter move as "modest," infuriating union officials and galvanizing the players to the point where more than 30 of them showed up at Friday's bargaining session at the Omni Berkshire Hotel wearing NBPA T-shirts with the word "STAND" printed on the front.

The players also were rankled by the league's offer of a flat $2 billion in annual compensation in the owners' 10-year proposal. Not only do the players oppose a CBA of that length, they also allege that they would not regain their 2010-11 mark of $2.17 billion in salary and benefits until the final year of the owners' 10-year plan. The owners' offer to phase in their salary reductions -- first for two years, and then for three -- was viewed by the players as a non-starter because they would receive less than 50 percent of basketball-related income (BRI) by the midpoint of the deal and would be below 40 percent in the final years. The players currently are guaranteed 57 percent of the league revenues, which are expected to come in at $3.8 billion for the '10-'11 season.

Players also viewed the owners' request to keep the approximately $160 million in salary collected by the league in an escrow fund for the '10-'11 season as part of their most recent proposal. Money earned by players under the existing CBA should be "off the table," according to Fisher, who said this request by the owners "speaks to their arrogance." League officials were dismayed by Fisher's comments and believe it would've been more productive for the players to reject the idea during negotiations rather than air it publicly.

But a key tipping point in bargaining could be what revenue-sharing details the owners come forward with this week. Owners have long rejected the players' request that revenue-sharing be collectively bargained, but the players believe many of the issues owners have addressed with regard to improving competitive balance could be satisfied by redistributing revenues from successful to struggling teams. In Friday's bargaining session, the Celtics' Paul Pierce crystallized the players' perception that owners have cloaked their determination to slash salaries behind the more benign concept of competitive balance.

"If it’s about being competitive, let’s come up with a system we can all be competitive in," Pierce told the owners, according to Suns player representative Jared Dudley. "If it’s about money, that’s a different story that we’re talking about."

Although NBA owners have enhanced their revenue-sharing plan in recent years, the league continues to have one of the most inequitable systems in professional sports, with big-market teams holding enormous advantages because local gate and broadcast revenues are not included in the revenue-sharing pie. Owners view the current luxury-tax system as akin to revenue sharing, but it is not enough to address the disparity between teams like the Knicks and Lakers, who make more than five times what teams like Memphis and Minnesota bring in through ticket sales. Those glamour-market teams also enjoy local broadcast deals that exceed some small-market teams' total revenues, according to a person familiar with league finances.

It has been difficult for the NBPA to justify the massive salary reductions the league is seeking without knowing how owners plan to address this enormous disparity among teams. One option at the NBPA's disposal would have been to file a request with the National Labor Relations Board seeking a ruling that revenue sharing should be a "mandatory subject" of collective bargaining. Sources say union officials have opted not to go this route and instead have trusted the owners to come forth with an effective and transparent approach to getting their own financial house in order before getting further salary concessions from the players.

After declining to make a counter offer to the owners' latest proposal Friday, the players have put the onus on owners and league negotiators to reveal their revenue-sharing plans as part of the next scheduled bargaining session in New York. As of Monday, sources said NBPA officials had no plans to travel to Dallas for an additional bargaining session.

In any event, it may already be too late to get a deal in place and avert a lockout. Even if the two sides unexpectedly made significant progress Wednesday and Thursday, there would not be enough time for lawyers to craft a new agreement before the deadline. In that case, the league would impose a moratorium on business while final details were hammered out and the contract was drafted.

But far more likely is that both sides will be unwilling to move off their most recent positions until the pain of a work stoppage is experienced.

"They've got to go through the process," said a person who has been heavily involved in past labor negotiations. "It's going to be ugly."
Posted on: June 24, 2011 6:21 pm
Edited on: June 24, 2011 8:10 pm
 

No counter from players; 'one more shot' at deal

NEW YORK – NBA owners and players ended a contentious week of negotiations and rhetoric Friday without a counter-offer from the players, leaving a slim chance that a deal can be reached by the June 30 expiration of the current collective bargaining agreement.

Despite reaching a stalemate on economic issues and the split of the league’s $4 billion in annual revenues, the two sides agreed to meet again Wednesday in Manhattan for one, or possibly two more days of bargaining before the current CBA expires at 12:01 a.m. ET Friday.

"We think we’ll have one more shot at it," National Basketball Players Association executive director Billy Hunter said. "Obviously, we’ll have some idea as to where they are in terms of owners -- whether there’s a chance to make a deal or whether there isn't."

Practically speaking, sources said it would be nearly impossible to write a new CBA in that time frame, leaving only two likely scenarios – a lockout imposed by the owners that would shut the sport down for the first time since the 1998-99 season, or an extension of the deadline to negotiate, which neither side has ruled out. But the latter option would require progress on narrowing the gap between the two sides’ bargaining positions, which remains hundreds of millions of dollars a year – and billions over the length of a new deal.

“There's still such a large gap,” said NBPA president Derek Fisher of the Lakers. “We feel that any move for us is real dollars we'd be giving back from where we currently stand, as opposed to where our owners have proposed numbers that in our estimation don’t exist right now. They're asking us to go to the place where they want us to go. We've expressed our reasons why we don't want to continue to move economically.”

In a display of unity and force that commissioner David Stern said he welcomed, more than 30 players arrived for meetings at the Omni Berkshire Hotel wearing tan NBPA T-shirts with the word, “STAND” printed on the front. The bargaining session included various player representatives who previously had only been briefed by union officials and executive committee members on the progress – or lack thereof – in negotiations.

The players streamed out onto 52nd Street around 3:30 p.m. after a four-hour bargaining session, many of them boarding a luxury touring bus and declining to comment. Several stopped to sign autographs. The scene – including a throng of media camped out on the sidewalk – caused such a spectacle that at one point, former New York Gov. Mario Cuomo cut a swath through the crowd and was noticed by only a couple of reporters.

Paul Pierce and Kevin Garnett of the Celtics, among the most vocal players in the room Friday and the players who devised the T-shirt idea, were driven away in a black SUV with executive committee member Theo Ratliff. In the meeting, Pierce accused the owners of taking a disingenuous stance by disguising their insistence on slashing salaries under the cloak of creating a new system that would allow more teams to be competitive.

“Is it more about money or being competitive?” Pierce said to the owners, according to Suns player rep Jared Dudley. “What does this have to do with? If it’s about being competitive, let’s come up with a system we can all be competitive in. If it’s about money, that’s a different story that we’re talking about.”

Hunter reiterated that he expects the owners to vote on imposing a lockout during the meeting of their full Board of Governors Tuesday in Dallas, but sources said there were no plans for such a vote – which would be procedural, anyway, and no surprise to anyone given that the threat of a lockout has loomed over the negotiations for more than two years. But with the attendance and engagement of a large group of players Friday, Hunter said owners “may find it difficult to pull the trigger” on a lockout vote.

“Even though we didn’t make an progress, I think they felt that the energy and attitude within the room was such that it might necessitate further discussion,” Hunter said.

In a softening of the rhetoric that marked the week of labor meetings -- the tone of which Stern said became "incendiary" at times -- Stern declined to discuss details of Friday's bargaining points. It was his public revelation of a $62 million "flex cap" system proposed by owners, along with a guarantee of no less than $2 billion in salary and benefits during the league's 10-year CBA proposal, that infuriated union officials who felt blindsided -- and subsequently conducted one small and one large media briefing to go on the attack.

Stern also sidestepped the possibility of a lockout vote, which typically would be taken by the Board of Governors to authorize the owners’ labor relations committee to impose one upon expiration of the current CBA.

“We can do whatever we need to do, whenever we need to do it, however we need to do it,” Stern said. “It's not about the formality of a meeting. … For us, the best time we're going to spend next week hopefully is on a meeting with the players on Wednesday that with any luck goes over to Thursday. And that’s where we are.”

The primary purpose of the owners’ meetings in Dallas Tuesday is for the labor relations committee – featuring such big-market representatives as the Knicks’ James Dolan and Lakers’ Jeanie Buss and small-market owners such as the Thunder’s Clay Bennett and Spurs’ Peter Holt, the committee chairman – to update representatives from all 30 teams about the state of negotiations. The owners’ planning committee also will brief the board on the status of a new revenue sharing plan, the lack of inclusion of which in the bargaining process has been an irritant for union officials.

Hunter told reporters this week that owners have not divulged “one iota” of their plans to enhance the sharing of revenue as a way to help small-market teams compete, and that rancor among high- and low-revenue teams continues to divide the owners. Stern disputed that notion Friday, saying, “We’ve had a full discussion with the players about everything, and we're prepared to discuss everything with them.”

The players and union officials have tried to get the owners to include their revenue-sharing plan as part of the new CBA, saying competitive balance could be improved through sharing more revenue – such as gate receipts and local broadcast revenues – without trying to solve the league’s stated annual losses of at least $300 million strictly through salary reductions.

“As we've said repeatedly, if we lose money on an aggregate basis, we can’t possibly revenue-share our way to profitability,” deputy commissioner Adam Silver said.

Stern would not divulge whether owners would reveal to the players the substance of their revenue-sharing plan that will be discussed among owners in Dallas. And sources told CBSSports.com that the union seems disinclined to use a legal tool at their disposal – asking a court to rule on whether revenue-sharing should be included as a “mandatory subject” in collective bargaining.

“We can’t make the final sort of push on revenue sharing until we know what the yield or not of the labor deal is,” Stern said. “… The revenue sharing is moving as well. We're setting things up, I would hope, on both fronts.”

Setting things up for a deal or a lockout? After two years of negotiations with no results, you be the judge.

 
 
 
 
The views expressed in this blog are solely those of the author and do not reflect the views of CBS Sports or CBSSports.com