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BETTMAN SETS DEADLINE FOR NHL TALKS: NO PACT, NO PLAY
NHL Commissioner Gary Bettman declared that the season will be postponed if a new collective bargaining agreement with the NHLPA is not in place when the regular season is scheduled to start on October 1. Although he refused to label the move a lockout, Bettman insisted that NHL owners will not allow any games to be played without an agreement. Bettman: "The absence of a collective bargaining agreement leaves us no choice." Bettman confirmed he and NHLPA Exec Dir Bob Goodenow will meet in Toronto on Monday and said that a settlement then "won't be impossible" (Mult., 9/23). FACE-OFF: Bettman admitted that the announcement of a possible postponement was due to the lack of progress in negotiations with Goodenow: "At some point, if this goes too long, we will have to look at shortening the season or do other things. ... If we work very hard, there is enough time to make a deal. It will be difficult, it will be arduous but it will not be impossible. But as time slips away, it gets harder and harder." Bettman added: "What I've learned from baseball is that you can turn a season into a complete disaster if you open one without a collective agreement" (THE DAILY). Sources said that Bettman was prepared to "pull the plug" on training camps last Monday, but decided to give negotiations more time (Alan Adams, VANCOUVER SUN, 9/23). Bettman contended that a full season could still be played even if a postponement occurs (David Shoalts, Toronto GLOBE & MAIL, 9/23). RESPONSE: Goodenow "made it clear" the players consider Bettman's declaration a lockout and said that the action is "strictly a pressure play" to scare the players into making concessions: "The lockout or postponement will not move the players or affect the players." Goodenow reiterated that the players have no intention of striking: "I have reminded the league that we played all last season without a contract and we had playoffs" (GLOBE & MAIL, 9/22). Stephen Brunt writes, "For Bob Goodenow and company, this is going to a tough one to win" (GLOBE & MAIL, 9/23). CAN SETTLEMENT BE FOUND? Bettman on the NHLPA offer: "I actually think the fact they came to the table and proposed a tax was constructive. If I had to characterize the differences, they have called our tax a luxury tax; they have called their own tax a nuisance tax. The issue is going to be whether or not we can bridge that gap and get to a tax that is neither a luxury nor a nuisance that we can both live with" (Al Strachan, TORONTO SUN, 9/22). Bettman added: "The system we have now needs to be modified, sometimes drastically" (ST. LOUIS POST-DISPATCH, 9/22). LONG WORK STOPPAGE SEEN: ESPN's Al Morganti: "If it lasts much past a week or two, I'd say you're looking at a long one" ("SportsCenter," ESPN, 9/22). Wayne Gretzky: "I don't believe we're going to be playing hockey; I believe there's going to a three- or four-month work stoppage" (CP/OTTAWA CITIZEN, 9/23). Whalers Player Rep Pat Verbeek: "They're trying to break the players. They're going to go as long as they can" (HARTFORD COURANT, 9/23). Flyers Player Rep Mark Recchi: "It might take a couple of weeks, but it's not going to get done in nine days" (PHILADELPHIA INQUIRER, 9/23). The Sharks' Gaetan Duchense: "I can't see something resolved in eight or nine days ... they're not even close" (SAN JOSE MERCURY NEWS, 9/23). EXIT VISAS IMMINENT? There is speculation that several NHL players will choose to play in the IHL or for European clubs (Everson & Botte, N.Y. POST, 9/23). CENTER OF THE STORM: In Toronto, Al Strachacan: "Let's face it, Bettman wants a battle" (TORONTO SUN, 9/22). In Boston, Bob Ryan writes Bettman's "militancy may actually be frightening a few of his owners, that Bettman is actually a bit ahead of that curve" (BOSTON GLOBE, 9/22). In Vancouver, Jim Taylor writes if Bettman does not recognize the "inherent dangers of Hockey Night in July," he is "blind, deaf and terminally oblivious" (VANCOUVER PROVINCE, 9/23). In St. Louis, Jeff Gordon writes that a lockout will occur because the "owners have been too stupid to meet budgets and too selfish to share revenues with each other" (ST. LOUIS POST-DISPATCH, 9/23). In New York, Steve Jacobson writes, "What a way for hockey to break out of the igloo of the Frozen North and join the main games!" (N.Y. NEWSDAY, 9/23). Brett Hull labeled Bettman a "union buster": "This has been his plan since Day One. ... He doesn't care about the game at all." Blues' Brendan Shanahan on Bettman's announcement of a "postponement," rather than a lockout: "He's the kind of guy who'd say, 'It's not a wheel, it's's a round thing that spins around'" (ST. LOUIS POST-DISPATCH, 9/23). -
CONGRESS TO OWNERS: CONSIDER YOURSELF WARNED
Yesterday's hearing on baseball's antitrust exemption before the House Judiciary Committee's Subcommittee on Economic and Commercial Law "represented the unofficial start of what's widely expected to be an off-season of bickering." While House Judiciary Chair Jack Brooks (D-TX) doubted that any action could be taken this year, baseball "may not be off the hook, especially if the labor dispute lingers" (Rick Alm, DALLAS MORNING NEWS, 9/23). Brooks prefaced the hearing by releasing a statement indicating his support for repealing the exemption. He had previously reserved judgment on this issue (THE DAILY). OWNER-BASHING: "If major league baseball owners have friends in Congress, they weren't in room 2141 of the Rayburn Building yesterday" (Thom Lovero, WASHINGTON TIMES, 9/23). Brooks "wanted the owners in attendance to know he means business" (Brad Snyder, Baltimore SUN, 9/23). "The players' fervor paled in comparison to what they found to already exist on Capitol Hill: a blanket indictment of the exemption by many legislators angered by baseball's incessant labor wars" (Claire Smith, N.Y. TIMES, 9/23). "The owners couldn't give a single reason why they deserve this break" (George Vecsey, N.Y. TIMES, 9/23). NBC's Bob Costas: "The mood of lawmakers has changed to one of general disgust with the state of the game and an apparent willingness to take away at least part of the curious anti-trust exemption" ("Nightly News," 9/22). FROM CONGRESS: Rep. Mike Synar (D-OK): "The owners really did not make a strong case, I believe, in why they deserve this special status. ... I am convinced that if there is a chance to vote on the floors of the Senate or the House that this legislation would pass overwhelmingly on the simple basis of fairness" ("Business Insiders," CNBC, 9/22). More from Synar: "The Senate really holds the key. If [Sen. Howard] Metzenbaum is able to push something through, we can get something done this year" (Mark Maske, WASHINGTON POST, 9/23). Metzenbaum, whose Senate bill was blocked by a procedural motion last week, will try to attach it to another bill as an amendment. Metzenbaum: "If I get a chance, you can bet your sweet life I'll try it" (Helyar & Calmes, WALL STREET JOURNAL, 9/23). Brooks said if a Senate bill were to pass, "I would be very open to allowing it to proceed directly to the President" (THE DAILY). FROM THE OWNERS: Acting MLB Commissioner Bud Selig "downplayed the significance" of Brook's opposition: "I really believe this will not be settled in the halls of Congress. I truly believe the only way to settle this is at the bargaining table" (WASHINGTON POST, 9/23). Rockies Owner Jerry McMorris: "I hate to see the old system tampered with while we're in the middle of labor negotiations" ("Business Insiders," CNBC, 9/22). Red Sox Owner John Harrington: "The solution is at the bargaining table" ("SportsCenter," ESPN, 9/22). Selig, on the choice between a strike and litigation: "That's like asking whether you want to have a problem with your pancreas or a problem with your liver" (Colin Miner, N.Y. POST, 9/23). FROM THE PLAYERS: The Dodgers' Orel Hershiser: "If this bill is passed, it will bring baseball back. It is a promise, we will return to the field. Right now, without this bill, we only have two options: We can surrender or we can strike. This bill will give us a third option. It will allow us to play baseball, and let our attorneys fight it out in court" (mult., 9/23). Agent Tom Reich: "We had salary caps once before from the owners in '85. It was called collusion. ... [The owners] were found guilty of the biggest conspiracy in the history of sports three times. They don't deserve to have an exemption A -- and, B, it isn't fair" ("Business Insiders," CNBC, 9/22). -
NBA PLAYERS TAKING THE LEAGUE BACK TO COURT (OF LAW)
The legal "power struggle" between the NBA and the NBPA "moved into a federal appeals court" yesterday, where the union sought to reverse a lower court ruling that found that the salary cap, college draft and right of first refusal signing system "do not violate antitrust law." The NBPA contends, after the collective bargaining agreement (C.B.A.) expired June 24, the three disputed policies "fell out of the jurisdiction" of federal labor law and became provisions "restricting the free-market opportunities of players from the day they are drafted to when they retire." In July, the NBPA "failed to persuade" a U.S. District Court that the end of the C.B.A. "extinguished its collective bargaining relationship" with the NBA. After the hearing, NBA Commissioner David Stern: "We expect to prevail in this case. We've told the players we have to make a deal" (Richard Sandomir, N.Y. TIMES, 9/23). The NBA will announce today or early next week that the cap for the upcoming season is $15.9M per team, not the anticipated $16.3M -- a 6% increase from '93-94 (WASHINGTON TIMES, 9/23).
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ONE LABOR HAPPY ENDING -- NFL AND ITS OFFICIALS
A tentative agreement was reached yesterday between the NFL and its game officials, "averting a strike that was scheduled for next month." According to sources familiar with the negotiations, the executive committee of the officials' new union voted 10-0 late Wednesday night to agree to a 7-year deal that will increase game fees 50-90% in the first year. Minimum yearly income will be doubled, and in some cases, tripled; payments to the officials' pension will increase 300%; and for the first time, game officials will receive a one-time severance payment equivalent to their salaries in their final year of service (David Aldridge, WASHINGTON POST, 9/23).
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SANDERS' CONTRACT IS BECOMING A PRIME-TIME TARGET
Two days before the Saints and 49ers meet, "guys are talking trash -- only this time it's not just the players." In one of the "more unusual pregame exchanges," Saints owner Tom Benson and 49ers President Carmen Policy "traded long-distance fire" over the signing of Deion Sanders. Benson accused the 49ers of acting improperly in signing Sanders: "This is a farce. The New Orleans Saints live by the book, and everyone else should live by the book, including the San Francisco 49ers. What kind of Mickey Mouse organization are they running out there?" Policy suggested that Benson might want to "brush up on his facts, especially since the league approved Sanders' contract this week": "Keeping in mind that we are under surveillance 24 hours a day, and the authorities in New York have us watched, are following us and probably [are] tapping our phones. If you're going to commit a crime, these are not the most ideal circumstances under which to plot." At issue was the revelation that Sanders' contract includes a $5M option that the club can exercise at its discretion. To do so, the 49ers would have to pay Sanders $3M by February 28 -- "improbable, if not impossible, under the constraints" of the salary cap (Clark Judge, SAN JOSE MERCURY NEWS, 9/23).
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STRIKE NOTES: PLAYERS FILE ON BEHALF OF RECALLED PLAYERS
The MLBPA filed default notices claiming that 18 players were "improperly deprived" of $1M in pay when they were recalled in the weeks before the strike began. If arbitrator George Nicolau "finds that any of their clubs did default by putting them on strike so they didn't have to pay them, he could declare them free agents. In that case, the clubs could not correct the default. Rather than face the risk of losing the players, clubs may pay them by Oct. 2, then file grievances of their own to try to recover the money." MLB labor relations attorney John Westhoff: "We will defend all the grievances on the basis that the clubs have the right to minimize their costs during a strike. ... [But] it will be up to each individual club to decide if they want to cure the default that was filed for each player" (Murray Chass, N.Y. TIMES, 9/23).




