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Agents Deciding Whether To Proceed With NBPA Decertification
Published November 16, 2011
Both claimed the agent group had enough votes to hold a decertification election prior to the union disclaiming interest, but neither one would provide specifics.
NBPA Exec Dir Billy Hunter and President Derek Fisher announced on Monday that the NBPA had disclaimed interest in representing players in collective bargaining. Yesterday, players filed two lawsuits in association with the NBPA, alleging the NBA lockout is unlawful. The disclaimer of interest disbands the union simply by giving notice to the league, whereas the involuntary decertification would require a vote of players, which could take about 45 days.
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One possible advantage to holding a decertification vote is that, legal experts say, it would be more difficult for the NBA to challenge it as a sham. But there is a legal question as to whether the NBPA, by sending notice that it was disclaiming interest, had already been dissolved, which could make a decertification election moot. “What are you disbanding, if they have already disbanded?” the source close to the agents asked rhetorically.