Tag: NBA Collective Bargaining Agreement

Empty Amway Arena

NBA players, owners let the lawyers do the sniping now


There was a pattern to this NBA lockout in the last couple months — not a comfortable one, but a pattern. The NBA and its players union wouldn’t talk for a week or so, then they would have two or three days of wildly intense negotiations. Then it would blow up and they would snipe at each other in press conferences. Lather. Rinse. Repeat.

Now, the NBA union is no more, reduced to a trade organization by disclaimer of interest. The battle has moved to the courts, and now the lawyers are doing the sniping.

Here is what the players lead antitrust attorney David Boies told Ken Berger of CBSSports.com (and the response from the league).

“There’s one reason and one reason only that the season is in jeopardy,” Boies told reporters at the Harlem headquarters of the former players’ union, which was dissolved Monday and reformed as a trade association to pave the way for the lawsuits. “And that is because the owners have locked out the players and have maintained that lockout for several months. … The players are willing to start playing tomorrow if (the owners) end the boycott.”

A statement released by the league office Tuesday night, spokesman Tim Frank said: “We haven’t seen Mr. Boies’ complaint yet, but it’s a shame that the players have chosen to litigate instead of negotiate. They warned us from the early days of these negotiations that they would sue us if we didn’t satisfy them at the bargaining table, and they appear to have followed through on their threats.”

Legally, the players are going after a summary judgment — a quick win based on the facts of the case not a hearing. If the players got that win and were awarded treble damages (three times their lost salary) they would certainly have the leverage they have sought to force the owners not only back to the table but to back off some demands. But it’s a long shot, and the owners could get a summary judgment as well and cut the players off at the knees. There is risk for the players.

The players PR strategy now is a variation of the “let us play” theme — we wanted to play so much we gave up $280 million a season to the owners, covering their losses, but that was not enough. The lawsuit in Minnesota seeks to throw Stern’s tactics right back at him.

The lawsuit quoted Stern’s own demands when he issued two ultimatums to the union during the final week of talks, threatening the players both times to accept the offer (with a 50-50 revenue split and various restrictions on trades and player salaries) or be furnished a worse offer in which the players’ salaries would have been derived from 47 percent of revenues in a system that included a hard team salary cap and rollbacks of existing contracts — all deal points the two sides had long since negotiated past and abandoned.

Asked if Stern made a mistake issuing the ultimatums that ended the talks, Boies said, “If you’re in a poker game and you bluff, and the bluff works, you’re a hero. Somebody calls your bluff, you lose. I think the owners overplayed their hand.”

I’ll agree with that. The problem is the owners’ hand was still a better one than the players’ hand. The players have no leverage. The legal maneuvers are great and all, but at the end of the day the owners and players (an now their lawyers) are going to have to sit down across from each other and negotiate a deal. Like the NFL did. The sooner that both sides of the NBA labor debacle realize that and start trying, the better.

Players file first antitrust suit in Minnesota, official one in California

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Well, the NBA is in the courts now, not on the courts.

Four players — Anthony Tolliver, Ben Gordon, Caron Butler and recent No. 2 overall pick Derrick Williams (who does not yet have an NBA contract) — became the first plaintiffs in a players suit to challenge the lockout on antitrust grounds. This first lawsuit was filed in Minnesota and was a class action representing all players. Minnesota is where the NFL players filed their case, a place the players see as friendly to their case.

However, that was not the main suit filed by the players antitrust attorneys. It was a different action and one some reports suggest the union was surprised by.

A second — and the players’ official — suit was filed in Northern California with the plaintiffs being Carmelo Anthony, Chauncey Billups, Kevin Durant, Leon Powe and Kawhi Leonard (another rookie without a contract).

The first lawsuit states (according to the AP) that the owners’ lockout “constitutes an illegal group boycott, price-fixing agreement, and/or restraint of trade in violation of the Sherman Act.”

The players are framing this as a restraint of trade issue, saying the owners’ proposed CBA would have damaged the free market for players to ply their trade.

This lawsuit was made possible by Billy Hunter and National Basketball Players Association (NBPA) leadership filing a “disclaimer of interest” Monday, essentially saying the union was no longer interested in representing the players in contract negotiations. This legal strategy is the course NBA player team representatives decided to take Monday.

The next move by the players will be to file for summary judgement — a ruling from a judge that they win on the facts alone.

The league will soon step in and first challenge the entire disclaimer as a sham, saying essentially that the union has been negotiating for two years, it can’t just walk away and say it’s not a union anymore.

The second battle will be over venue. The owners filed a preemptive lawsuit trying to block union decertification in August, and they filed it in New York. One of the first issues to be decided will be if these cases need to be in the same venue and decided by one judge, and if so which venue.

This is just the start of the legal wrangling that could well doom the entire NBA season.

Video: CNBC’s Darren Rovell talks missed NBA paychecks

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Tuesday would have been the first payday of the first payday of the year for NBA players — as of today they are missing paychecks. How much money are we talking? CNBC’s Darren Rovell breaks it out for some of the big names and yes, Kobe Bryant just missed a more than $1 million payday. But of course, that’s before taxes, after taxes it’s barely enough to live on (*cough*).

Some owners thought going into this that if the players missed a paycheck or two the owners leverage would skyrocket. Instead, the players have dissolved the union as its negotiator and filed antitrust lawsuits against the owners. They are fighting back.

Which may well doom the season.