Tag: NBA Players Association

Derek Fish of NBA players association speaks during news conference to reject NBA's latest offer in New York

Video: NBA players announce plans to decertify union

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Here is the video of union leaders Billy Hunter and Derek Fisher, backed by about 50 players, announcing they are rejecting the NBA’s latest offer and planning to decertify the union.

Watch the NBA season fade away right before your eyes. Enjoy.

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

NBPA Meet To Discuss Current CBA Offer

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.