Nba Lockout 2011

November 6, 2011 by staff 

nba lockout 2011, Billy Hunter, executive director of the union of players in the NBA, speaks during a news conference last month in New York. Some players want a new strategy “decertification of the Union and the threat of lawsuits ” to put pressure on the owners. Frustrated by the lack of progress in negotiations on ending the 127 days, some players are considering an appeal to the National Labor Relations Board to decertify the National Basketball Players Association, a legal extreme measure could take months to resolve and threaten the entire 2011-12 NBA season.

If the union is not certified, players could sue the NBA under U.S. antitrust laws. That is likely to demand the league conspired to deny their market power, blocking the players when the collective agreement expired July 1.

“Hanging over the heads of the parties to the negotiating table this weekend is the threat of nuclear war,” said Bill Gould, Stanford law professor and former chairman of the NLRB who wrote the book “Negotiating with baseball . ”

“If the threat is used, the odds are in favor of blowing up the whole season.”

Gould said a decertification effort would take at least until January to receive the “final resolution” of a judicial process that would involve a district court in New York and probably a court of appeals.

Based on the last block of the NBA in 1998-99, the first week of January would be the latest possible date of an agreement to save the season, and a 50-game schedule could begin in early February.

The threat of decertification owners could move faster resolution. At least that is what the players expect.

Talks on a new collective agreement have been broken in each of the last two weeks, although the parties are set to try again on Saturday in New York. The NBA has canceled the first month of the season, and more cancellations are expected if the agreement is not reached soon.

The decertification process is not simple.

Thirty percent of the 439 NBA players would have to sign a petition to decertify. Then, the NLRB chair a vote by the players, with the ongoing decertification if more than half the players agree.

How much will the NBA owners affected by the cloud of decertification?

“The players will try to do this to get some advantage to scare the owners,” said an official familiar with the negotiations who was not authorized to speak publicly. “But I do not startle easily.”

The owners demanded a 50-50 split of revenues in the league. The players want 52 percent of basketball-related income after gaining 57 percent last season.

A motion to decertify the union would mark the second time this past year a major U.S. professional sports.

In March, the union representing NFL players are not certified after 17 days of negotiations with a federal mediator failed to lead to a collective bargaining agreement between owners and players.

Soon after, a group of players that included Tom Brady, Drew Brees and Peyton Manning filed an antitrust lawsuit against the league in the U.S. District Court. The players claimed the NFL conspired to deny them the ability to “produce and / or market their services.”

The 52-page lawsuit took nearly four months to work their way through the courts before which the parties agreed in July to a 10-year labor agreement. The players quickly voted for the recertification of the Union, all litigation was dropped against the NFL, and the blockade ended 136 days without the cancellation of any regular season game.

The luxury of time, however, is not present in the negotiations of the NBA.

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