Usually when you are talking NBA and “disclaimer of interest” we’re talking about Carmelo Anthony and defense.
But now we are talking about the legal process and how by the NBA players union filing a disclaimer of interest they are abandoning their place as the negotiating body for the players in getting a new Collective Bargaining Agreement. It means anti-trust lawsuits and a whole lot more. It’s complex.
NBPA president Derek Fisher and Director Billy Hunter sent out a letter to NBA players, which was obtained by ESPN. Here are a few highlights.
As a result, we will now function as a trade association to assist and support NBA players, but we will
no longer engage in collective bargaining with the NBA owners…
With no labor union in place, it is our sincere hope that the NBA will immediately end its now illegal boycott and finally open the 2011-12 season. Individual teams are free to negotiate with free agents for your services. If the owners choose to continue their present course of action, it is our view that they subject themselves to significant antitrust liability
If you think the NBA is going to open up free agency, then I am a Nigerian prince with a great money-making plan for you. Just email me.
Also as part of this, the union had to withdraw it’s unfair labor practices complaint against the owners with the National Labor Relations Board. Also, the union can no longer regulate agents.
The process is that the union will file its disclaimer and the league will challenge it as a sham and then it is on in court. The two sides will fight a few legal skirmishes and talk big for a month, then probably start to negotiate again to try and save the season.
But right now it feels like there is little chance of saving that.