Deadline passes, but labor negotiations continue on Thursday

After 12 hours of meetings that extended into early Thursday morning, NBA players and owners have decided to come back again for more talks again on Thursday.

And in the process, NBA commissioner David Stern’s ultimatum to accept an offer by 4 p.m. CT Wednesday or it would be replaced with a much harsher one has passed.

Stern reacted with a smirk when asked why he allowed the deadline to pass earlier in the day when queried after midnight on Thursday.

“I wouldn’t read into this optimism or pessimism,” Stern said.

The meetings will continue at noon Thursday.

“We can’t say there was significant progress made today, but we decided to come back again tomorrow,” NBPA president Derek Fisher said.

We’ve been to this point several times before in the negotiations.

Several reporters say that players are prepared to decertify their union if they don’t see some give on the luxury tax, even if they agree to a 50-50 split in basketball-related income.

We’ll see if they get to that point after tomorrow’s session.

NBA deadline on hold as talks go on

By Mike Monroe
mikemonroe@express-news.net

NEW YORK – Deadline Day became Dialogue Day for the NBA.

A league ultimatum that had threatened to seriously set back negotiations aimed at ending the NBA’s lockout was set aside so talks could resume.

Twelve hours of talks that began Wednesday afternoon produced little in the way of progress, but for now, time will stand still while the talks continue, beginning with another session today.

It will be the 133rd day since the players were locked out on July 1.

“We have sort of stopped the clock,” Commissioner David Stern said after a 12-hour session that ended after 1 in the morning at a midtown Manhattan hotel.

Frozen in time was Stern’s deadline for acceptance of an offer that included a 50-50 split of basketball related income.

Stern’s warning to the union after mediated weekend bargaining sessions ended in failure had been simple: Accept by the 5 p.m. close of business on Wednesday a league’s offer or face a much worse offer in the future.

The post-deadline offer, Stern said, would be re-set to 47 percent of revenue for the players, with a “flex” salary cap the union already has deemed a hard cap. Further, the re-set offer will seek to roll back current contracts.

The threat continues to hang over players’ heads, but until this latest round of talks is declared a failure, Stern won’t wield it.

“It was our understanding going in that at the end of the negotiating session, whether it ends today or it ends tomorrow, that’s when our offer reverts. But we weren’t, in the middle of discussions, going to say, ‘OK we shouldn’t have taken that break. Stop the clock, it’s all over.’

“We’re trying to demonstrate our good faith and I think that the union is trying to demonstrate its good faith.”

On Wednesday, the threat didn’t appear in the negotiating room, according to Billy Hunter, executive director of the National Basketball Players’ Association.

“No, it was not (in the room),” he said. “They had sent us a letter indicating the 47 percent deal would occur if we did not reach accord by 5 p.m. today. Because of the nature of the negotiations and the fact there has been so much give and take they have basically agreed to freeze the deadline.”

Despite all that give and take on Wednesday, neither side said much progress was made.

“Nothing was worked out today,” Stern said. “We’ve agreed to convene here tomorrow at noontime and I would not read into this optimism or pessimism. We just continue to negotiate as we continue to negotiate.”

Hunter said the agreement to meet Thursday was an indication of a positive tenor to the talks.

“There was enough give and take on both sides that it merited our coming back tomorrow,” he said.

The union had asked for Wednesday’s negotiations after a meeting of player representatives from 29 of the 30 NBA teams that ended with solid support of the union’s executive committee and Hunter.

Negotiations Wednesday centered on “system” issues the players insist they must have if they are to agree to a 50-50 split of basketball related income.

Wednesday’s talks involved smaller groups than last weekend’s sessions. Stern, Deputy Commissioner Adam Silver and Spurs owner Peter Holt, chairman of the owners’ labor relations committee represented the league, along with league attorneys Rick Buchanan and Dan Rube.

Union preside Derek Fisher, union vice-president Mo Evans, Hunter, outside counsel Jeffrey Kessler, attorney Ron Klempner and economist Kevin Murphy represented the players.

Owners put ball in players’ court

By Mike Monroe
mikemonroe@express-news.net

Facing an ultimatum from league owners and dissension within its membership, the leadership of the NBA Players Association will conduct a conference call today to consider its options.

Spurs forward Matt Bonner, a member of the union’s executive committee, said he expects a wide-ranging discussion. One topic will gauge the level of player interest in signing a petition to force a vote that could decertify the union.

The NBA late Saturday night gave the union a formal proposal for a new collective bargaining agreement that Bonner characterized as “basically another 50-50 split” of basketball-related income. It included some changes in the luxury tax system he said represented little change from the owners’ previous positions.

The union rejected the offer on the spot, but commissioner David Stern said it would remain on the table only through the end of business Wednesday.

Details of the league’s offer, which Stern promised to put in writing for the union to assess ahead of the deadline, include:

– A “band” of revenue for the players between 49 and 51 percent, depending on revenue growth.

– Restrictions on teams over the luxury tax threshold, including a ban on both sign-and-trade deals and full use of mid-level salary cap exceptions. The full mid-level would be replaced for tax-paying teams by a “mini” mid-level that would start at $2.5 million, half of the full mid-level.

– An added penalty for teams that exceed the luxury tax threshold three times in five seasons.

If it is not accepted by Wednesday, Stern said the offer would be withdrawn and replaced by a much worse deal, with a revenue split giving the players only 47 percent of BRI and a “flex” salary cap system the players already have characterized as an unacceptable hard cap.

Lakers guard Derek Fisher, the union’s president, told reporters in New York on Saturday that the NBA deal was not one the executive committee could take to its players for a vote.

Bonner said every member of the executive committee is behind the decision to reject it.

“We’re all on the same page,” he said.

Saturday’s session, which was conducted under the guidance of George Cohen, head of the Federal Mediation and Conciliation Service, was frustrating for the players.

“Saturday sucked,” Bonner said. “The way we saw to save the season and get a deal was by saying the system was more important to us, BRI more important to them; we can compromise on BRI if they can come more to us on the remaining system issues.

“That’s what we were hoping would get a deal, and we really thought the approach we took was going to get it done. But when George came back after taking our offer to the owners, what he came back with was five or six changes in system things, and all but one were what the owners wanted. It was basically their deal.”

Disbanding the union would allow players to file an anti-trust lawsuit against the league. The more important, immediate result would be some leverage for the union during the roughly 45 days it would take for the National Labor Relations Board to arrange a vote of all 450 members of the union.

The threat of decertification and the uncertainty that comes with it could give the union the leverage it needs to coax a better offer from the league than the deal it rejected Saturday.

“I’m sure we’ll talk about everything on the call,” Bonner said.