Back in late May, the NBPA got out in front of things and filed with the National Labor Relations Board, charging that the NBA failed to bargain in good faith. That was two months ago, and since then we haven't heard a thing about it, distracted with the Finals, the Draft, and oh, yeah, this lockout we've got on our hands.
But Sports Business Journal reports that the NLRB is still very much investigating the union's claim. From the SBJ on Twitter;
SBJ: In recent weeks an NLRB investigator has interviewed 7-10 witnesses in @TheNBPA's unfair labor practices charge against the NBA.via Twitter / @SBJLizMullen: SBJ: In recent weeks an NL ....
So the charges are still out there. If the players' perception that the owners have stonewalled them by barely negotiating (i.e. sending a counterproposal only after a prolonged delay, etc.) carries with the board, there may be some fire with the smoke. But the owners likely have a similar feeling about how the players have approached discussions. It's also not clear yet how a ruling would affect the lockout or negotiation process, but you can be sure it would be somewhere between "really bad" and "a disaster" for the owners.