Tag: NBA owners

NBPA Meet To Discuss Current CBA Offer

Players vote to reject offer, decertify union. Season likely doomed.


This is Armageddon. Nuclear winter is upon NBA fans.

The players got together in New York on Monday and not only voted to reject the league’s ultimatum offer, but voted to start the process to decertify the union.

“We’ve arrived at the conclusion that the collective bargaining process has completely broken down, and as a result in the last hour we have served a notice of disclaimer on (David) Stern and the NBA,” union director Billy Hunter said after the meeting. “We plan to disseminate that to all 30 teams. …

“The players are not ready to accept the ultimatum. They thought it was completely unfair on the part of the NBA ownership and management. … We have negotiated in good faith for two years, but the players have felt they have given enough.”

That step — a notice of disclaimer essentially says the union has no interest in representing the players in negotiations any longer and is abandoning that right — is the first step in anti-trust lawsuits that will be filed by players in the coming days. This is the step the NFL players’ union took and something agents have pushed the NBA union to do since July. The timing essentially blows up the negotiating process when there wasn’t a lot of time left to save the 2011-12 season.

The courts move slowly, but the union has reached its breaking point. It has gone to the one, big card it could play.

The reaction of the owners will be to hunker down, play hardball and try to force their entire wish list — such as salary rollbacks and a hard salary cap — on the players. The owners are not going to be scared by this at all.

Basically, Commissioner Stern is going to let his hardliners have the run of the place. Guys who were already willing to miss a season get to have their way.

Meanwhile, NBA fans lose. And so does the league.

“This is where it stops for us as a union,” said Derek Fisher, union president.

It might be where a lot of fans stop if a full season is lost. But the union is moving forward with these plans.

According to Adrian Wojnarowski of Yahoo, several players have hired top anti-trust attorney David Boies. If the name is familiar, he was involved in the NFL’s anti-trust cases. Boies is the guy who had the anti-trust cases against Microsoft (and had some success there) and he was they guy representing Al Gore in Gore vs. Bush.

Technically, what this legal move does is turn the union into a “trade association” that works for the players but does not represent them in negotiating a CBA. Ultimately when a deal is struck, the union will reform.

Stern did not back down in an interview on ESPN, saying the players got bad advice on negotiating tactics if this was their move.

“It’s not going to work,” Stern said. “If they were going to do this, maybe they should have done this a long time ago so we had a chance to save the season. But they seem hell-bent on self-destruction.”

The league already has filed a lawsuit trying to block decertification of the union, and there have been arguments on the players’ efforts to have that case dismissed (but no ruling yet). That situation just becomes a lot more messy.

The players’ announcement came after about a four-hour meeting where about 50 players were looking at a take-it-or-leave-it offer from the league. That deal offered the players a 50/50 share of league revenue (once the owners took a healthy cut of expenses off the top) and a much more restrictive system of player movement than had been allowed before. The offer the players had wanted would have returned about $280 million a season (in last year’s dollars) to the owners, but the players wanted a less restrictive system. The owners had long said the two were not tied. It wanted both the money and the system changes.

Stern has said that if the players rejected this offer, the owners would counter with a “reset” offer that would give the players just 47 percent of basketball related income (down from 50 in the last offer and 57 percent last season) and a hard salary cap. The players’ meeting was well-attended and featured not only team representatives but also Kobe Bryant, Carmelo Anthony, Russell Westbrook and many other star players. They all raised their hands in the press conference and said they supported this move.

Stern has warned the players against decertification and called it a “nuclear option.” The players just pushed the button.

It is a dark, dark day for the NBA.

What issues are union sticking points? Here are a few

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When leaders of the NBPA — the NBA’s player union — emerge from a Times Square area hotel on Monday afternoon, I fully expect them to say the people in the room voted to approve a modified version of the league’s latest offer. It makes sense to put the ball in the owners’ court.

The question then becomes: What areas are they going to modify? Multiple reports suggest a few things frustrate the players. Here are some possibilities.

• The mid-level exception for tax paying teams. It’s not so much this specific item (which impacts just a couple players a year) as it is a philosophical difference between the sides. The league wants to flatten out the payroll — rein in big spending teams but force lower spending teams to bring their payrolls up closer to the cap line. (The idea by the league is that this payroll balance will distribute talent more evenly and create more competitive balance. I — and those that studied the issue in depth — say that balance is a myth because of the gap between elite and role players in the league and how that plays out on the court.)

The players want teams that can afford to go into the tax not to be penalized — basically they want freedom of movement when they are free agents. They want 30 teams to be able to go after a player if they so wish. The owners want to tie the hands of the highest payroll teams. That plays itself out in a few areas that each individually do not account for a lot of players but as a group do allow player movement to the higher-payroll teams. Look for the players to loosen those rules some. This is something the owners may well balk at.

• The escrow. To make sure that the players as a whole hit a specific percentage of Basketball Related Income with their salaries (in total, as a league), part of each player’s paycheck is held back and put in an escrow fund. At the end of the season, a portion of that fund is returned to the players to bring the total spent on player contracts to the right percentage of league revenue. (Still with me?)

In the last deal, eight percent of player contracts were withheld for escrow, the league’s offer ups that to 10 percent. As Ken Berger at CBSSports.com explains, in the first couple years of this CBA the players are not likely to get that money back, so basically this is just taking more money out of their pocket. Nobody likes that, but it is really the only way to get close to the BRI percentages the first couple of years.

• The league’s proposal calls for a 12 percent reduction in future rookie contracts. Those were already real bargains for the league, but again if you can’t rollback existing contracts you have to get that money from somewhere for the owners. Also, the rookies always take it on the chin in these deals because veterans vote and the rookies are not part of the union yet.

Even if the sides can agree on a framework soon, there are a host of “b-list” issues that could prove troubling down the line, reports Adrian Wojnarowski of Yahoo.

If the players were to vote to accept the terms of the owners’ current proposal, the litany of B-list issues – including contraction, drug testing, Developmental League assignments and draft age eligibility – would still have to be agreed upon.

Those so-called lesser issues could still drive a stake in the heart of the deal because the owner can insist that contraction would force the percentage of BRI to the players to go down. The idea of dramatically reducing a player’s salary if he is sent to the D-League also drew fire from players.

Those issues are not in the deal the players are discussing Monday in New York, but they have to be sorted out before there is a final deal. Which is to say, we’ve got a long way to go yet, folks.

In latest attempt to sway, David Stern has memo for players

NBA & NBA Players Association Announce New CBA

Say this about David Stern, he knows how to get his spin and story out there. Far better than the union does, with its halting and missteps. Stern wins the PR battle because he is better at it.

The latest attempt along those lines — and the latest attempt by Stern and the owners to talk over the head of the union to the players directly — was a memo posted on NBA.com where Stern makes a direct pitch to the players that landed before the union meeting started in New York. Make no mistake, this is the league’s spin, but at this point anything either side says is spin.

I disagree with some of the assessments — for example, I think this deal will stifle player movement, at least in ways that are good for fans and teams — but this is the pitch the league and owners are making to the players. We bring it to you so you can read it and decide for yourself.


After further collective bargaining negotiations last week, the NBA on Friday presented a revised proposal to the Players Association that contained several improvements for the players over the NBA’s previous proposal. We informed Billy, Derek, and the other Players

Association negotiators that this is the best proposal the NBA is able to make, and they informed us that it would be considered for a vote by the NBPA Executive Committee and Player Representatives early this week.

Since then, there has been a great deal of inaccurate information published about the NBA’s proposal in the press and over social media. While we recognize the right of any player to disagree with the proposal, there should be no confusion over its actual terms — so we have attached it here for your review.

Under the NBA’s proposal, the players would be guaranteed to receive 50% of Basketball Related Income each year, and average player compensation is projected to grow to close to $8 million. In addition, the proposal is structured so as to create an active market for free agents, while enhancing the opportunities for all teams and players to compete for a championship.

Contrary to media reports over the weekend, the NBA’s proposal would:

• Increase, not reduce, the market for mid-level players. Under the NBA’s proposal, there are now three Mid-Level Exceptions, one more than under the prior CBA: $5 million for Non-Taxpayers, $3 million for Taxpayers, and $2.5 million for Room teams. While the proposal would not permit Taxpayers to use the $5 million Mid-Level, that is not much of a change – since Taxpayers used the Mid-Level to sign only 9 players for $5 million or more during the prior CBA.

• Permit unlimited use of the Bird Exception. The proposal allows all teams to re-sign their players through full use of the existing Bird

• Allow sign-and-trades by Non-Taxpayers. Under the proposal, NonTaxpayers can still acquire other teams’ free agents using the sign-and-trade. While Taxpayers cannot use sign-and-trade beginning in Year 3, this is not much of a change, since Taxpayers used the sign-and-trade to acquire only 4 players during the prior CBA.

• Allow an active free agent market and greater player movement.
Under the proposal, contracts will be shorter and remaining payments under waived contracts signed under the new CBA will be “stretched” –both of which will give teams more money each year to sign free agents.

• The proposal also requires teams to make higher Qualifying Offers and provides a shorter period to match Offer Sheets – thereby improving Restricted Free Agency for players. And the proposal contains a larger Trade Exception, which will foster more player movement.

I encourage you also to focus on the numerous compromises that were made to the NBA’s initial bargaining positions in these negotiations, including our move away from a “hard” salary cap, the withdrawal of our proposal to “roll back” salaries in existing player contracts, our agreement to continue to allow players to negotiate fully guaranteed contracts, and our agreement to a 50/50 split of BRI. While we understand fully that our proposal does not contain everything that the Players Association wanted in this negotiation, the same is true for the NBA.

It is now time to conclude our bargaining and make an agreement that can stop the ongoing damage to both sides and the countless others that rely on our game for their livelihoods and enjoyment. We urge you to study our proposal carefully, and to accept it as a fair compromise of the issues between us.

Thank you for taking the time to consider this memorandum.

Where things stand as Kobe, stars show up for union meeting

Los Angeles Lakers Fisher speaks at a news conference alongside Executive Director of the NBA player's association Hunter in New York
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The NBA players union meeting — one that could end up helping decide the fate of the NBA season — is going on as of 9 a.m. Monday morning in New York.

Here’s where things stand as the meeting starts:

• Kobe Bryant, Carmelo Anthony, Russell Westbrook and a number of NBA stars and players — not just official team representatives — have shown up for this meeting. Which is going to make for an interesting dynamic. Kobe reportedly wants to accept the 50/50 deal out there, while others like Etan Thomas are opposed to the plan. The loudest voices will carry the day in a crowded room like that.

• Other non-team rep players in attendance are Emeka Okafor, Jeff Green, Elton Brand, Andre Iguodla, Evan Turner and the prince himself Luc Richard Mbah a Moute.

• Chris Duhon, the team rep for the Orlando Magic, said his team would vote to accept the deal and put David Stern’s offer to a vote of the players. Note that Duhon was one of the players who was slamming the deal on twitter, but clearly he heard from teammates who felt differently.

• Out of respect for this meeting, the agents and players planning to try and decertify the union — they say they have the necessary 130 signatures (more like 200) to file to start the process — will not file those papers Monday. However, Tuesday is a real possibility.

• Contraction is not dead and the players union has concerns about it, specifically that if the owners do it there could be changes in the BRI split that would hit players in the pocketbook.

• Smart money still says the players vote to modify the owners offer and approve that, throwing the ball back in the owners court. They are not buying another do-or-die deadline from David Stern. But that is a risk.

Winderman: League tells you how to build “Roster of the Future”

Dallas Mavericks v Miami Heat - Game Six

If you didn’t know better (or perhaps if you do), it sure seems as if David Stern’s ultimate goal from the lockout is to reshape his league through some sort of real-life fantasy draft.

Getting beyond Sunday’s Twitter theatrics (we personally believe the answers were provided by some sort of auto-reply-bot or Adam Silver, which might actually be one in the same), perhaps the league’s YouTube slide show spelled it all out.

There, on the final slide, in effect, was the NBA “roster of the future” (our quote marks).

How do you build a roster that conforms to the NBA’s proposal and avoid all the draconian measures of the proposed next luxury tax?

According to the NBA, with:

One “Superstar (max salary)”: $17 million.
One “All-Star”: $14 million.
One “Starter”: $10 million.
Two “Starters”: $8 million (apiece).
One “6th Man”: $5 million.
One “Rotation Player”: $4 million.
One “Rotation Player”: $3 million.
One “Rotation Player”: $2 million.
One “Rotation Player”: $1 million.
Five “Remaining Players”: $3 million (total, $600,000 average, essentially minimum scale).

Go ahead, try to fit any recent championship model into such an alignment.

Taken further, and allowing for NBA-level salary inflation, try to fit the Showtime Lakers, any version of the championship Celtics, or even Michael Jordan’s Bulls into such a model.

And we won’t even get into the current Big Three Heat or Big Three Celtics.

It’s almost as if Stern (which could happen through decertification, at least according to Sunday’s threat), wants to reset the entire landscape, through the aforementioned fantasy-style draft.

The league designates 30 “superstars” (as if there are 30), and each team selects one.

The league then designates 30 leftover “All-Stars” (even  though with 30 “superstars” would any All-Stars be left?), and each team selects one.

From there, a pool of $10 million starters is set, and so on.

We’re not talking parity here; we’re talking a completely new world order.

For months now, the whispers have been about how Stern and the owners were attempting to blow up the league.

Perhaps they are.

Ira Winderman writes regularly for NBCSports.com and covers the Heat and the NBA for the South Florida Sun-Sentinel. You can follow him on Twitter at http://twitter.com/IraHeatBeat.