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View Full Version : NLRB now holds key to NBA lockout



Wade>You
10-21-2011, 09:47 PM
http://espn.go.com/espn/commentary/story/_/page/munson-111021/nlrb-complaint-nba-players-best-chance-end-lockout-now
Officials of the National Labor Relations Board, sources say, appear to be ready to act on a players' union claim that NBA owners are guilty of unfair labor practices in their demands for "draconian demands and changes" and the declaration of a lockout when there was "no impasse in bargaining."

With board members appointed by President Obama in control, the NLRB has been leaning toward unions in most disputes. If the board agrees with the players that the owners have been guilty of bad faith in their bargaining and their lockout, the board would ask a federal judge for an injunction that would stop the lockout.


The possibility of an imminent decision from the board helps explain why the NBA players haven't followed the lead of players in the NFL, who disclaimed their union and filed antitrust litigation against the owners. The NBA players, it appears, made a decision early in the process that the NLRB would be their home court. If they disclaimed their union, they would be barred from pursuing their grievances in the NLRB and would lose what they clearly see as a source of potential leverage.

If the NLRB concludes that the players are correct in their descriptions of the owners' bargaining, the board will rule in favor of the players. The board would file an action against the NBA and demand that the league cease its bargaining tactics and its lockout. The legal action is called a "10(j)" in reference to the section of labor law that defines it. If you could somehow eavesdrop on a conversation among NBA players right now, it would not be a big surprise to hear them talking about their "10(j)." And it will not be a big surprise if the union's NLRB gambit is successful.

It would be a dramatic setback for commissioner David Stern and the owners. They would argue about it before the board and in federal court, but their lockout would end and the owners would lose the leverage they have tried to establish for more than two years.Article is long, so I didn't want to post everything, but those are three of the most important excerpts I found.

God speed, NLRB. :pray:

DerekRE_3
10-21-2011, 09:51 PM
:yawn:

Wade>You
10-21-2011, 09:57 PM
Along with cities planning legal action against the owners that received funding for their arena for not honoring their agreement, it looks like the players are favored to win this dispute against the owners and the lockout will be over.

:dance:

six
10-21-2011, 09:59 PM
Thank you Obama.

Hellcrooner
10-21-2011, 10:00 PM
^i hope so.

Punk
10-21-2011, 10:07 PM
Holy crap, Imagine if Obama ends the lockout :laugh:

Also, a few NBA teams like Memphis are planning to sue the league which also will come down heavy on the league's leverage.

bears88
10-21-2011, 10:10 PM
good news, this lock out is 10 times worse then the NFL's own lockout

Wade>You
10-21-2011, 10:16 PM
Thank you Obama.He is a big fan of the NBA lol.

lakersiznumber1
10-21-2011, 10:26 PM
this is 1 of the many reasons why i voted for obama hes the peoples president lol :clap:

Wade>You
10-21-2011, 10:31 PM
Another quote from the article, this regarding the MLB. Look how the results ended
An NLRB decision would be the first time the board has acted in a sports dispute since MLB owners locked out baseball players after a players strike eliminated the World Series in 1994. Responding to an NLRB request for an injunction then, then-federal district judge Sonia Sotomayor (now on the U.S. Supreme Court) ruled that the owners were guilty of bad faith bargaining and ended a work stoppage and re-established the primacy of the players' union.

Background of the MLB strike/lockout:

In response to a worsening financial situation in baseball, the owners of major league baseball teams collectively proposed a salary cap to their players. Ownership claimed that small-market clubs would fall by the wayside unless teams agreed to share local broadcasting revenues (to increase equity amongst the teams) and enact a salary cap, a proposal that the players adamantly opposed. On January 18, 1994, the owners approved a new revenue-sharing plan keyed to a salary cap, which required the players’ approval. The following day, the owners amended the Major League agreement by giving complete power to the commissioner on labor negotiations.

The dispute was played out with a backdrop of years of hostility and mistrust between the two sides. What arguably stood in the way of a compromise settlement was the absence of an official commissioner ever since the owners forced Fay Vincent to resign in September 1992. Vincent described the situation this way:

"The Union basically doesn’t trust the Ownership because collusion (owners working together to avoid competitive bidding for player services) was a $280 million theft by Bud Selig and Jerry Reinsdorf of that money from the players. I mean, they rigged the signing of free agents. They got caught. They paid $280 million to the players. And I think that’s polluted labor relations in baseball ever since it happened. I think it’s the reason Fehr has no trust in Selig."[1]

On February 11, 1994, the owners greatly reduced the commissioner's power to act in "the best interests of baseball."

Owner representative Richard Ravitch officially unveiled the ownership proposal on June 14, 1994. The proposal would guarantee a record $1 billion in salary and benefits. But the ownership proposal also would have forced clubs to fit their payrolls into a more evenly based structure. Salary arbitration would have been eliminated, free agency would begin after four years rather than six, and owners would have retained the right to keep a four or five year player by matching his best offer. Owners claimed that their proposal would raise average salaries from $1.2 million in 1994 to $2.6 million by 2001.

Major League Baseball Players Association leader Donald Fehr rejected the offer from the owners on July 18. Fehr believed that a salary cap was simply a way for owners to clean up their own disparity problems with no benefit to the players.

On July 13, 1993, Fehr said that if serious negotiations between the players and the owners did not begin soon, the players could have gone out on strike in September of that year, threatening the postseason. On December 31, 1993, Major League Baseball's collective bargaining agreement ran out with no new agreement yet signed.

Ezio
10-21-2011, 10:31 PM
He'll end it if Jordan comes out of retirement :laugh:

Kevj77
10-22-2011, 01:36 AM
If this happens we just might see the NBA this year. I was beginning to think the entire season would be gone.

Evolution23
10-22-2011, 01:43 AM
Lets hope this happens because this is getting out of hand and I just wana see my Knicks already!

oak2455
10-22-2011, 01:55 AM
Sorry Pres not gonna happen, just won't

likemystylez
10-22-2011, 02:02 AM
If this happens we just might see the NBA this year. I was beginning to think the entire season would be gone.

I dont see this happening.... but if this was any type of threat... wouldnt the owners do everything in their power to make a deal as soon as possible?... as oppose to "taking time to cool off"... when they are right on there way to hitting a deal.

GREATNESS ONE
10-22-2011, 02:10 AM
Obama bama bama bama

Team*Chicago
10-22-2011, 02:11 AM
Thank you Obama.

Please you got'ta tell me where did you get that picture from and can I use it has my sig aswell.

Wade>You
10-22-2011, 02:17 AM
I dont see this happening.... but if this was any type of threat... wouldnt the owners do everything in their power to make a deal as soon as possible?... as oppose to "taking time to cool off"... when they are right on there way to hitting a deal.The same thing happened in MLB. The owners thought they were right.

Anilyzer
10-22-2011, 05:41 AM
I also read that the players also can't appeal to the NLRB for the decertification of their union while the current lawsuit is in progress.

This affects their strategy, because decertification is a defininte option for them, however they have to wait and see first how the lawsuit or case with the NLRB turns out. If it's in their favor, good. If not, they then appeal to decertify the union, and then they can sue the NBA on anti-trust grounds.

Nasty stuff, as it turns out, however the players have figured out that the owners want to totally gut the league.

I read an article on MSNBC earlier, which has since been removed from the Internet apparently, however here is a synopsis of it from another site:

http://www.csnnw.com/pages/landingdwight?Paul-Allen---biggest-hardliner-in-the-NB=1&blockID=581104&feedID=8351

What it is saying is, that several hardline owners, Paul Allen among them, are simply trying to gut the player salaries and shutdown free agency and impose a hard cap, so that they can then present rosier longterm profit pictures to potential buyers, and quickly sell their teams.

The article alleges that most or all of these "hardline" owners simply want to end their fantastic NBA experience as quickly and as cheaply as possible, and minimize their losses or even make a profit on the way out. The league, the players, the fans, everyone can just "suck it."

One more thing, as I predicted the Tuesday talks fell flat, and the pressure is now ratcheted to the max. Next: look for the owners to start splintering into two factions--one that wants to keep the status quo or something like it in place, the other that wants to flush the season and teach the players a lesson and make the small markets "more competitve" (i.e., gut salaries so they can sell their teams and leave town).

The league has a real problem here, not with the players but with its own "Tea Party" (or "Whiskey Rebellion" or whatever) owners. But once the owners split down the middle, a deal should be forthcoming very quickly... unless the league is just absolutely bent on destroying itself.

Anilyzer
10-22-2011, 05:53 AM
So, prediction: we see a deal within 10 days, with the players making some concessions but nothing like what he hardliners want.

Otherwise, if no deal in 10 days, then the season is very, very probably done... and they can all go home and schedule some meetings in December or *who cares* whenever.

As much as I hate to see the season lost, and really miss watching games, part of me is just interested to see if this will actually happen, and is interested to see the "owners" hoze their investments and trash the value of the league. Like, maybe Forbes slashes the value of all the teams by 50% or something, and there is STILL no new season scheduled, the lockout ongoing. Just interesting to see if this will really happen. Maybe the NBA, with all this David Stern-Nike-Jordan-Gatorade-Donaghy weirdness has just run its course, and there will be a new, more interesting league. Seriously, part of me wants to see the union decertified, and the top 20 or 30 players sue to break their contracts and sign with a new league. It won't happen, but in a weird way it would be interesting.

Law25
10-22-2011, 06:21 AM
So, prediction: we see a deal within 10 days, with the players making some concessions but nothing like what he hardliners want.

Otherwise, if no deal in 10 days, then the season is very, very probably done... and they can all go home and schedule some meetings in December or *who cares* whenever.

As much as I hate to see the season lost, and really miss watching games, part of me is just interested to see if this will actually happen, and is interested to see the "owners" hoze their investments and trash the value of the league. Like, maybe Forbes slashes the value of all the teams by 50% or something, and there is STILL no new season scheduled, the lockout ongoing. Just interesting to see if this will really happen. Maybe the NBA, with all this David Stern-Nike-Jordan-Gatorade-Donaghy weirdness has just run its course, and there will be a new, more interesting league. Seriously, part of me wants to see the union decertified, and the top 20 or 30 players sue to break their contracts and sign with a new league. It won't happen, but in a weird way it would be interesting.

Reading this made me think of that Eeminem song " Just gonna stand ther and watch me burn" lol

topdog
10-22-2011, 07:08 AM
Holy crap, Imagine if Obama ends the lockout :laugh:

Also, a few NBA teams like Memphis are planning to sue the league which also will come down heavy on the league's leverage.

Four more years! Four more years!