Tag: NBA Players Association


Union wants to negotiate, Stern says no wiggle room in offer


After a long day of negotiations through the media, we stand looking off the cliff of a lost NBA season, and there are not a lot of positive signs on the horizon. Here are where things stand as of this writing.

First, there are no meetings planned between the owners and players union for Wednesday. That may still happen, but as of right now nothing is set. It’s pretty hard to strike a deal if you are not talking, so consider this the first bad omen.

On Tuesday NBA players’ union team representatives met, rejected the owners offer on the table and said they wanted more negotiations. According to tweets from Marc Stein at ESPN, the consensus at that meeting was to go with the 50/50 split of league revenues the owners want if the owners will give a few more things on system issues.

Then just more than an hour later David Stern went on NBA TV and said the owners were not changing their offer. At all. Neither system or revenue. When David Aldridge asked Stern if there was wiggle room on the owners offer, he replied:

“As of Sunday morning at 3 in the morning there was none left.”

Stern cleverly used a phrasing to suggest things could change, but don’t bet on it. The offer may be the offer. Stein says union reps were told that the league would be able to pass the offer on the table by a 17-13 vote (one of those yes votes coming from the league, which currently owns the Hornets). That’s not a lot of margin to be selling more change to the deal.

If the offer does not change, the players will not take it.

Then Stern has said he and the owners will revert to a rollback offer that includes player salary rollbacks, a hard salary cap, the players getting 47 percent of league revenues and other things the players would outright reject and be willing to lose a season to avoid. Basically, Stern would let his hardliners win.

That would spark the decertification on the union process — Paul Pierce and supporters of decertification reportedly have enough signatures to force a vote. They needed 30 percent of the union, which is about 130 players, and reportedly they have more than 200 signatures. Which is something union director Billy Hunter told CBSSports.com he was fine with.

“Listen, I’m cool with Paul and all these guys. I think it’s very important. I’m happy that Paul and the others are involved in the process. That’s always been the problem with athletes, that a lot of stuff is foisted on them and they have no input. Paul has been actively engaged, he understands, he’s been in five or six of our negotiating sessions, he talks to me, and when they had the (decertification) calls, he called and let me know that they were having the calls. And I said, ‘Hey, I’m not at all opposed to you doing that.’ … I endorse what Paul did.”

It would take about 45 to 60 days between when the players filed a signed petition with the National Labor Relations Board asking for a vote on decertification and when the actual vote would take place. That would leave a window for more negotiations. But if the owners really stick with their rollback plan there will not be much to talk about — a hard salary and salary rollbacks are the kind of thing the players will stay out for a season over. And decertify over.

As CBA expert Larry Coon told us, the likelihood of the players voting to blow up the union would depend on when the vote takes place. If it is before the league’s deadline to cancel the season it might be hard to get the votes, but after the players likely would vote to decertify and sue the league on anti-trust grounds.

All this means that Wednesday the sides need to sit down, treat each other like adults for a change, and pound out a compromise deal.

I wouldn’t bet on it happening, though.

Union attorney says owners treat players like “plantation workers”

NBA Commissioner Stern holds a news conference before Game 1 of the NBA Finals basketball series between the Dallas Mavericks and the Miami Heat in Miami

In case you think the NBA owners and players might tone down the rhetoric and start to negotiate like adults, we bring you this.

Union attorney Jeffrey Kessler — one of the top sports labor attorneys and the nation — went back to the “plantation” reference with NBA Commissioner David Stern (as Bryant Gumbel had done), and Stern responded with plenty of venom of his own.

The Washington Post has the gory details, starting with Kessler’s thoughts on Stern’s ultimatium.

“To present that in the context of ‘take it or leave it,’ in our view, that is not good faith,” Kessler, who also represented the NFL players in their labor dispute with the NFL, said in a telephone interview Monday night. “Instead of treating the players like partners, they’re treating them like plantation workers.”

In a phone call Tuesday, Stern blamed Kessler for the stalled talks and said he deserved to be “called to task” for the remark.

“Kessler’s agenda is always to inflame and not to make a deal,” Stern said, “even if it means injecting race and thereby insulting his own clients. . . . He has been the single most divisive force in our negotiations and it doesn’t surprise me he would rant and not talk about specifics. Kessler’s conduct is routinely despicable.”

Stern and the owners don’t really like Kessler, in case you didn’t pick up on that. The league’s pre-emptive lawsuit trying to block union decertification (filed months ago) mentioned Kessler by name a number of times.

With the NBA and its players flirting with Armageddon, this kind of inflammatory language just makes it harder to get a deal done. Plantation — meaning slavery — references always bring a lot of baggage with them. While you can try to make a contextual argument, it’s hard to do when the median salary in the NBA was $2.3 million last season.

In the end, Kessler and Stern have to sit in a room together and pound out a deal if an NBA season is to be saved. And right now, they are acting like four year olds fighting over Halloween candy. Sadly, we can’t just send them both to their room for a timeout.

Hunter: League about to cancel games through Christmas


Bah humbug.

Among all the information thrown out there during the NBA players union press conference rejecting David Stern’s ultimatum offer, there was this little bit from director Billy Hunter:

He has heard the league is going to cancel games through Christmas if there is no deal by 5 p.m. Wednesday (his drop-dead date).

The league denied that is the case.

But it’s getting close to that time. Even if the two sides reached a deal this week it would take about 30 days to ramp up and have regular season games. That already leaves very little margin for error to get a deal done and games on Christmas.

And Christmas is huge — it is a second opening day for the league. It is the first games on national broadcast television. It is when the average NBA fan really starts to pay attention.

Miss Christmas Day and that is a huge black eye for the league.

Not that the hardline owners care.

Bill Clinton walked into NBA union’s press conference. Yes, really.


Is Bill Clinton now down with the NBA players? And if so, does that really help their cause against a bunch of Republican team owners?

During the media scrum that followed the NBA players union’s press conference Wednesday, in strolled former president Clinton. He came to see fellow Arkansas native Derek Fisher and according to a tweet from Howard Beck of the New York Times told him:

“Now you know how I felt all those years.”

Reports say the players were pretty much star struck and a few (including Blake Griffin) asked the former president to sign a copy of his book, ironically titled “Back to Work.”

It’s all very surreal.

The photo with this story is courtesy the twitter account of Alan Hahn of Newsday.

NBA players taking tactic out of John F. Kennedy’s arsenal

Derek Fisher, Billy Hunter

Time for a little history: During the Cuban missile crisis, Russia and the United States were working on a back-channels deal that was essentially the Russians take their missiles out of Cuba and the United States would end its blockade and not invade the island nation. Then as that deal got close a letter from Russian premier Nikita Khrushchev was published in the American press saying that part of the deal had to be the USA pulling its missiles out of Turkey (less than 200 miles from Russia).

President John F. Kennedy’s response? He ignored that added demand. He telegraphed Khrushchev and said the United States would end the blockade and not invade the island if the missiles were removed, otherwise it was war. Khrushchev took the offer.

That is essentially the tactic the NBA players’ union has taken in dealing with an ultimatum from David Stern (something pointed out by our own Matt Moore). It’s a classic negotiating strategy. Union president Derek Fisher said his side stands ready to keep negotiating from where the talks are now, close to a deal. Basically he said, “We’re not playing your game of deadlines and rollbacks.” The union will ignore that.

“Our options are to keep doing what we are doing,” said union executive director Billy Hunter, adding the union would keep negotiating off what the union has proposed, not whatever the league puts on the table.

Union leaders suggested they would be willing to give the owners the split of BRI they want if the owners would give up a series of system issues. If the sides keep talking.

This puts Stern on the spot because now, to save face and meet the demand of his hardliners, he has to roll back the offer (unless there are ongoing negotiations Wednesday, as the players said they would try to set up). But the deal is close to where the two sides are now. If Stern and the owners really stick to what is reportedly in the new offer — salary rollbacks, a hard salary cap, a smaller percentage of revenue to the players and more — you can forget about basketball this season at all.

It’s a huge threat by Stern and the owners.

One the players have chosen to just ignore. It worked for JFK. Although, a few months after the crisis ended President Kennedy did take the missiles out of Turkey, so maybe it worked out for Russia, after all.