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Thread: NBA files suit against NBPA

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    Artificial Intelligence wintermute's Avatar
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    Default NBA files suit against NBPA

    http://eye-on-basketball.blogs.cbssp...48484/31052471

    NBA files suit against NBPA

    By Matt Moore

    The NBA today announced it is filing suit against the NBPA for "unfair labor practices" with the National Labor Relations Board, countering the same move from the NBPA last month, and a federal suit to pre-emptively cut off any potential civil actions pertaining to antitrust law violations.

    From the NBA's release:

    NBA FILES UNFAIR LABOR PRACTICE CHARGE AND FEDERAL LAWSUIT AGAINST NBPA

    NEW YORK, August 2, 2011 – The NBA filed two claims today against the National Basketball Players Association: an unfair labor practice charge before the National Labor Relations Board, and a lawsuit in federal district court in New York. The unfair labor practice charge asserts that the Players Association has failed to bargain in good faith by virtue of its unlawful threats to commence a sham “decertification” and an antitrust lawsuit challenging the NBA’s lockout. The federal lawsuit seeks to establish, among other things, that the NBA's lockout does not violate federal antitrust laws and that if the Players Association's “decertification” were found to be lawful, all existing player contracts would become void and unenforceable.

    “These claims were filed in an effort to eliminate the use of impermissible pressure tactics by the union which are impeding the parties’ ability to negotiate a new collective bargaining agreement,” said NBA Deputy Commissioner and Chief Operating Officer Adam Silver. “For the parties to reach agreement on a new CBA, the union must commit to the collective bargaining process fully and in good faith.”
    You may remember these moves from "NFL Lockout 2011" and "What The League Said It Didn't Want To Do." This is essentially a pre-emptive strike to cut off the union's legal maneuverability at the knees. Whether this indicates that the NBPA threatened decertification in Monday's meeting after reports of an agent mutiny pushing for legal moves last week is unclear. What is clear is that the NBA is not kidding around about winning this lockout using any and all available means. For months, the league and the union have both said they wanted to avoid taking this dispute into the courts because of how bitter and drawn out it can become. Then in a month and a day, we now have three different legal charges from the two sides including a federal lawsuit.

    Don't say Ken Berger of CBSSports.com didn't warn you when he predicted this precise scenario last week. The NFL used the exact same description of the decertification approach in their legal battles, calling the NFLPA's decertification a "sham." Stern's comments after Monday's bargaining session seem like premonition at this point. Ken Berger notes that this is as much about setting the venue as the federal court as it is about anything else. It's a move by the NBA to get the ball in the court they want it, so to speak.

    We've hit a new level and all-out legal warfare is now in play.

    Oh, fun.

    -----

    This isn't news that anyone wanted to hear, I think. But it seems like the NBA has gone for the nuclear option.

    I guess today's bargaining session didn't go well.

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    Default NBA takes legal action against locked out players

    Eek...

    http://msn.foxsports.com/nba/story/N...players-080211

    NBA takes legal action against players
    Updated Aug 2, 2011 11:42 AM ET
    NEW YORK (AP)


    The NBA has filed an unfair labor practice charge and a federal lawsuit against the NBA Players Association, accusing the players of failing to bargain ''in good faith'' and of ''impermissible pressure tactics'' in labor talks.

    The claims were filed Tuesday.

    The unfair labor practice charge was filed with the National Labor Relations Board. It accuses the players of making ''unlawful'' threats to break up their union and pursue an antitrust lawsuit against the NBA, a strategy used this year by NFL players to fight their lockout.

    The lawsuit was filed in federal district court in New York. It asks the court to declare the NBA lockout does not break antitrust laws. The NBA also says it wants to void existing player contracts if the NBPA sheds its union status.
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    Default Re: NBA takes legal action against locked out players

    Please merge with wintermute thread.

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    Default Re: NBA files suit against NBPA

    The players are about to get BONED. Targets number 1: Players that signed contracts with other teams in Europe.

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    Default Re: NBA files suit against NBPA

    Apparently, the owners want a season, and are hoping the threat of completely obliterating everything the players currently have will create the required incentive to negotiate within the players.

    That said, I wonder if the NBA is crossing a line with respect to good faith negotiations by preemptively striking against the players with this lawsuit. If courts found that to be so, the players would not have to budge and could even enjoy a little bump in public opinion supporting their side in this "negotiation".

    Otherwise, both sides seem to be "negotiating" the heck out of each other without the benefit of either dinner or even a kiss.

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    Default Re: NBA files suit against NBPA

    Isn't it not negotiating in good faith to go and take a contract over seas for less money than what the NBA wants to pay you? Sorry, but I don't have pity on the NBA players, they have a good deal, they are being asked to make some slight concessions and they are saying "Look I know you're paying me about 14 million and you only want to pay me about 10 million so in order to prove my point, I'm going to go take a 2 million dollar contract to play in Turkey." Um...what?

    Does that make sense to anyone? Because it shouldn't.

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    Wasting Light Hicks's Avatar
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    Default Re: NBA files suit against NBPA

    Well, at least this is happening August 2nd instead of later into the year, I guess.

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by Hicks View Post
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    Well, at least this is happening August 2nd instead of later into the year, I guess.
    I agree it certainly seems to be a gauntlet being thrown down. Could make it very ugly, but it also could accelerate the process. There will probably be some casualties along the way though.

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    Default Re: NBA files suit against NBPA

    A few more details:

    From Gabe Feldman http://twitter.com/#!/SportsLawGuy

    By making first move, NBA now has home (federal) court advantage.

    NY is in Second Circuit. Second Circuit has been very favorable to NBA in previous antitrust litigation with the players.

    For those keeping score: NBPA is rep'd by same attorney who rep'd NFLPA. NBA is represented by same firm that rep'd the NFL.

    NBA has retained Paul Clement, former solicitor general, who argued NFL's appeal in front of 8th Circuit. It's the same, old song...
    From Larry Coon http://twitter.com/#!/LarryCoon

    Complaint says: 1) Failed to bargain in good faith; 2) Unlawful threats to commence a sham decertification; 3) Lockout doesn't violate antitrust laws; 4) If decertification is lawful, then all contracts are null & void.
    I don't know how much impact these legal manuevers will have. After all, at the end of the day, the league and players still need to hammer out a CBA between them - no court is going to dictate the terms of an agreement.

    It does show though that the 2 sides are still very far apart, enough that they are still escalating the conflict rather than trying to find common ground. Very depressing.

    The threat to declare all existing contracts null & void is interesting. Does the NBA really want that? Would be a huge mess for the owners too. Though I think if they do carry out their threat, the NBA will eventually reinstate all old contracts in a new CBA.

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    Default Re: NBA files suit against NBPA

    Wow, those law firms are getting PAID this summer. They must love this.

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    Default Re: NBA files suit against NBPA













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    Default Re: NBA files suit against NBPA

    The difference between the NFL and NBA is the NBA is being proactive and not waiting for the players to make the first move.

    Like I said before, they do not want to get into an all-out war with David Stern. He got to where he is today by being damn near unbeatable as the NBA's top attorney. I don't believe he's ever been defeated in court since he's worked for the NBA, and he's not going to start now.
    Last edited by Kstat; 08-02-2011 at 01:02 PM.

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by Trader Joe View Post
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    Isn't it not negotiating in good faith to go and take a contract over seas for less money than what the NBA wants to pay you? Sorry, but I don't have pity on the NBA players, they have a good deal, they are being asked to make some slight concessions and they are saying "Look I know you're paying me about 14 million and you only want to pay me about 10 million so in order to prove my point, I'm going to go take a 2 million dollar contract to play in Turkey." Um...what?

    Does that make sense to anyone? Because it shouldn't.
    Nah, that's not what the league is complaining about. They're pre-empting the players in case they try the decertification tactic (which the NFLPA did).

    If anything, players going overseas is a good thing for the NBA. One condition for a lockout is that workers (players) shouldn't be deprived of their means of livelihood. The NBA can gleefully point to the few players with big overseas contracts while the pressure continues for the majority of players unable or unwilling to go overseas.

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by wintermute View Post
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    Nah, that's not what the league is complaining about. They're pre-empting the players in case they try the decertification tactic (which the NFLPA did).

    If anything, it's a good thing for the NBA. One condition for a lockout is that workers (players) shouldn't be deprived of their means of livelihood. The NBA can gleefully point to the few players with big overseas contracts while the pressure continues for the majority of players unable or unwilling to go overseas.
    This.

    From the beginning, I had a feeling that the NBA's total lack of apathy towards players going overseas was a bit chilling, against the NBAPA's enthusiasm for sending their guys overseas.

    It;s going to backfire on them. Just a matter of time.

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    Default Re: NBA files suit against NBPA

    Seems like the NBA is choosing to go uptempo, while having a dominant inside game, while the players are attmpting to go to the four corners with no shot clock to minimize the impact of the inferiority of their squad compared to the owners.

    The question is, will the small school win, or will the big city school simply overpower it with speed, shooting, and a huge front line?

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by Kstat View Post
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    From the beginning, I had a feeling that the NBA's total lack of apathy towards players going overseas was a bit chilling
    Total lack of apathy? Wouldn't that be over-the-top enthusiasm?
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    Default Re: NBA files suit against NBPA

    My point is they did absolutely nothing to stop it. They never even attempted to curb it.

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by wintermute View Post
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    Nah, that's not what the league is complaining about. They're pre-empting the players in case they try the decertification tactic (which the NFLPA did).

    If anything, players going overseas is a good thing for the NBA. One condition for a lockout is that workers (players) shouldn't be deprived of their means of livelihood. The NBA can gleefully point to the few players with big overseas contracts while the pressure continues for the majority of players unable or unwilling to go overseas.
    I'm just saying the player's logic in that decision makes no sense.

    The NBA is paying you 14 million

    They want to be paying you 10 million

    So your solution is to go play in Turkey for 2 million? How does that make sense?

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by Trader Joe View Post
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    I'm just saying the player's logic in that decision makes no sense.

    The NBA is paying you 14 million

    They want to be paying you 10 million

    So your solution is to go play in Turkey for 2 million? How does that make sense?
    I see more like, during the lockout the NBA is paying you zero, so you can go make 2 million until its settled.

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by Speed View Post
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    I see more like, during the lockout the NBA is paying you zero, so you can go make 2 million until its settled.
    If you actually think about it, but the NBPA is hoping you'll buy their "we have other and equal opportunities elsewhere" line.

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by Since86 View Post
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    If you actually think about it, but the NBPA is hoping you'll buy their "we have other and equal opportunities elsewhere" line.
    If I was Stern, I'd consider it free advertisement for his product, actually. I wouldn't care at all, there isn't an infrastructure to make this a solution for the players, at all. I guess if a 'star' got hurt, but to me thats really the only downside.

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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by Kstat View Post
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    My point is they did absolutely nothing to stop it. They never even attempted to curb it.
    That would be a lack of antipathy, probably. Lack of opposition is what you seem to be going for, I think, rather than a lack of lack of caring.
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    Default Re: NBA files suit against NBPA

    Quote Originally Posted by Hicks View Post
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    Well, at least this is happening August 2nd instead of later into the year, I guess.

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    Default Re: NBA files suit against NBPA

    Camp should be scheduled to open in 2 months, they need to get something going, thats for sure.

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    Default Re: NBA files suit against NBPA

    I wasn't necessarily saying the players playing overseas is bad for the NBA, but it is bad for the players.

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