The NBPA filed an unfair labor charge against the NBA
yesterday in New York and asked the NLRB "to seek an
injunction in federal court ordering the owners to end a
lockout that began July 1," according to Mark Asher of the
WASHINGTON POST. In its filing, the union "charged that the
NBA failed to bargain in good faith by implementing new
terms of employment before an impasse, as defined by the
NLRB, was reached." A lockout, therefore, would be
"unlawful." In a statement, NBPA Exec Dir Billy Hunter
said, "The NBA can't call a 'lockout' until games are
scheduled to begin. At this point, any unilateral change,
including a ban on free agency signings, is premature and
impermissible under the labor laws." NBA Exec VP & Chief
Legal Officer Jeffrey Mishkin said the union was the reason
for a lack of progress: "The NBA owners have made multiple
proposals to the players, while the players have refused to
budge from their first offer. ... Arbitration, charges of
unfair labor practices and threats of decertification will
not end this lockout." Asher notes that the NBPA "is
seeking the "same injunction" that a federal judge granted
the MLBPA in '95, after MLB owners declared an impasse in
'94, which led to the players' strike. NLRB General Counsel
Fred Feinstein said that Regional Dir Dan Silverman will
"pursue an investigation to determine whether he will
recommend that an injunction be sought." The process is
expected to take four to five weeks (WASHINGTON POST, 7/24).
In its filing, the union argues the lockout is "not really a
lockout but rather a unilateral imposition of changes to
work rules" (ORLANDO SENTINEL, 7/24). Despite yesterday's
action by the NBPA, the league and the union "are expected
to resume bargaining in early August" (N.Y. TIMES, 7/24).
WHO GETS HURT? The WALL STREET JOURNAL's Stefan Fatsis
writes that the "irony" of the league's labor dispute is
that the "fight between multimillionaire owners and
multimillionaire players over how to divide $1.7 billion a
year in television revenue is having immediate consequences
on players fighting for any paycheck at all." Fatsis: "For
marginal players making closer to last year's $272,500
minimum, the question is whether to take a job overseas or
wait out the lockout" (WALL STREET JOURNAL, 7/24).
