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Players reject NBA’s offer, threatening season
The league already has filed a pre-emptive lawsuit seeking to prove the lockout is legal and contends that without a union that collectively bargained them, the players’ guaranteed contracts could legally be voided.
During oral arguments on Nov. 2, the NBA asked U.S. District Judge Paul Gardephe to decide the legality of its lockout, but he was reluctant to wade into the league’s labor mess. Gardephe has yet to issue a ruling.
Two years of bargaining couldn’t produce a deal, with owners’ desires for more competitive balance clashing with players’ wishes to keep the salary cap system largely intact. The sides last met Thursday, when the league offered a revised proposal but told the players there would be no further negotiating on it.
Stern, who is a lawyer, had urged players to take the deal on the table, saying it’s the best the NBA could offer and advised that decertification is not a winning strategy.
Players ignored that warning, choosing instead to dissolve the union, giving them a chance to win several billion dollars in triple damages in an antitrust lawsuit.
“This is the best decision for the players,” Fisher said. “I want to reiterate that point, that a lot of individual players have a lot of things personally at stake in terms of their careers and where they stand. And right now they feel it’s important _ we all feel it’s important to all our players, not just the ones in this room, but our entire group _ that we not only try to get a deal done for today but for the body of NBA players that will come into this league over the next decade and beyond.”
Fisher, flanked at a press conference by dozens of player representatives and superstars including Kobe Bryant and Carmelo Anthony, said the decision was unanimous. But there were surely players throughout the league who would have preferred union leadership put the proposal to a vote of the full membership, with many ready to go back to work.
The sides still can negotiate during the legal process, so players didn’t want to write off the season just yet.
“I don’t want to make any assumptions,” union VP Keyon Dooling said. “I believe we’ll continue to try to get a deal done or let this process play out. I don’t know what to expect from this process.”
Hunter said the NBPA’s “notice of disclaimer” was filed with Stern’s office about an hour before the news conference announcing the move. Now, the NBPA is in the process of converting to a trade association as the fight shifts to the courts.
“The fact that the two biggest legal adversaries in the NFL players dispute over the NFL lockout both agree that the NBA lockout is now illegal and subject to triple damages speaks for itself,” Kessler said in an email to The Associated Press. “I am delighted to work together with David Boies on behalf of the NBA players.”
Players made numerous economic concessions and were willing to meet the owners’ demands of a 50-50 split of basketball-related income _ a transfer of about $280 million annually from their feeling the league’s desires to improve competitive balance would hurt their guaranteed 57 percent under the old deal _ but only if the owners met them on their system wishes.
“This deal could have been done. It should have been done,” Hunter said. “We’ve given and given and given, and they got to the place where they just reached for too much and the players decided to push back.”
During the weekend, Stern said he would not cancel the season this week.
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