Play Fantasy Use your Fantasy skills to win Cash Prizes. Join or start a league today. Play Now
 
Tag:National Basketball Players Association
Posted on: September 9, 2011 4:24 pm
 

Sources: No movement on major NBA issues

NEW YORK -- As the basketball world awaits a crucial phase of the NBA labor talks next week, the devil we don't know has been in the details of accelerated negotiations that concluded Thursday with a second 5 1-2 hour session in as many days. And while the tone and pace of talks has picked up, CBSSports.com has learned that there has been no formal movement in either side's position on the biggest sticking points in the deal: the split of revenues and the cap system.

According to five people briefed on the three days of high-level talks over the past two weeks, the two sides essentially are in the same place they've been since the owners' most recent formal proposal in late June: billions of dollars apart.

"I don't think they've made any progress there at all," one of the people briefed on the negotiations told CBSSports.com. "They're talking a lot, and the conversations are more cordial. But as far as the real numbers, I don't think there's anything there."

Before panic sets in, it is not necessarily a doomsday scenario that no new numbers have been agreed upon because, as two of the people with knowledge of the talks said, exchanging formal proposals was not the objective of this week's negotiations. This, in addition to the agreed upon strategy for neither side to discuss specific negotiating points, explains the vague answers given Thursday by union president Derek Fisher and deputy commissioner Adam Silver when pressed on whether new proposals have been exchanged.

"Ideas, proposals, concepts and numbers" have been discussed, Silver said, while Fisher said "tons of ideas" were exchanged. What this means is that Tuesday's full negotiating session including the complete bargaining committees for both sides could be extraordinarily significant. The larger meeting will serve as a litmus test for the concepts discussed in smaller groups consisting of Silver, commissioner David Stern, Spurs owner Peter Holt, deputy and general counsel Dan Rube for the owners and Fisher, executive director Billy Hunter, general counsel Ron Klempner, outside counsel Jeffrey Kessler and economist Kevin Murphy for the union.

"Next week's really important," one of the people briefed on the talks said.

But another person connected to the talks at the highest level stressed that the significance of Tuesday's meeting would be greatly enhanced only if one side or the other decided it was time to transform the ideas discussed at recent meetings into a formal proposal. Technically, it is the owners' turn to make one, as the players were the last side to do so June 30 before the lockout was imposed.

"The reality is, until one side or the other is ready to make significant movement, nothing is going to happen," the person said.

According to one of the people familiar with the talks, Fisher's statement Thursday about making sure "our general membership" agrees with ideas before he can "sign off on those type of deals" suggested that negotiators presented new concepts that must be vetted with a larger group of players before they can be negotiated further. The goal Tuesday will be to see if the conceptual, small-group discussions can provide any framework for the larger groups until the owners disperse for their Board of Governors meeting in Dallas. Both sides seem to be feeling a sense of urgency to present a significant status report to their constituents on Thursday, when the players also have scheduled a meeting in Las Vegas to update union members on the talks. 

It's when you consider the possibility that each side may prefer to report to its constituents that it is holding the line and not making any more concessions that the prospects for a breakthrough seem remote.

"They're bringing the full committees in to sit down with each other and see if they can make any progress by Thursday," one of the people with knowledge of the talks said. "They'll either say, 'Here, we've made progress and here's where we're at,' or, 'We're not making any progress and we're light years apart.'"

Sources say the two sides are trying to tackle the biggest obstacle first -- the split of revenues -- before fully addressing the system by which the money will be distributed. One of the people informed of the state of negotiations said the players have expressed a willingness to compromise on the split of revenues -- they received 57 percent under the previous deal and have proposed 54.3 percent as a starting point in a new collective bargaining agreement -- if they can keep many aspects of the current system in place, such as guaranteed contracts and contract lengths. But if asked to accept a dramatic decrease in their percentage of BRI and a curtailment of guarantees, rookie scale, cap exceptions and contract lengths, "I think the players would fight that to the end," one of the people said.

The owners' proposal to cut salaries and hold them steady at $2 billion a year "is a big point," one of the people said. "But the cap is an even bigger point. The players are willing to give back more if the structure and the NBA operating the way we've always known it stays the same or similar."

As Silver has said on more than one occasion, the owners are unified in their belief that they cannot continue operating under the current system.

The most recent concessions by the owners that were made public included a "flex-cap" with a $62 million midpoint and a sliding scale up and down -- similar to the cap system implemented in the NHL after a lockout that cost the entire 2004-05 season. On June 23, the players declined to counter that proposal after Hunter called the owners' demands "gargantuan" and said, "We just can't meet them." At the time, the owners also expressed a willingness to relax their insistence on eliminating fully guaranteed contracts -- which Hunter has called a "blood issue" for the players.

The players' most recent publicly known concessions included a $100 million-a-year salary reduction over a five-year CBA -- which Stern called "modest" and league negotiators view as more of a $100 million-a-year decrease in salary growth. Subsequently, the players offered a more owner-friendly split of future revenues and added a sixth year to their proposal, which Stern rejected June 30 because he said it would increase the average NBA player's salary from its current level of $5 million to $7 million by the end of the proposed deal.




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 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 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: 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.

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