Arbitrator John Feerick has set August 24 for a hearing
on the NBPA's grievance over the league's failure to pay
players with guaranteed contracts their salaries during the
lockout, according to Murray Chass of the N.Y. TIMES. He
also scheduled a meeting on August 25 if necessary. Chass
reported that the union had pushed for a hearing this week
while the league "proposed a date after Labor Day." Chass:
"The timing of the decision is important because the two
sides may not hold any negotiating sessions until they know
the outcome. ... The outcome of the hearing will be critical
to the negotiations for a new [CBA] because whichever side
wins, it will gain immense leverage in the bargaining."
NBPA counsel Jeffrey Kessler said the league does not have
lockout protection in most of its deals: "They could have
negotiated that clause. Since they didn't, they are
obligated to pay the players their salaries." The union
claims guaranteed player salaries for the '98-99 season
would total about $800M (N.Y. TIMES, 8/8).
NLRB ACTION: USA TODAY reports that the union's
complaint filed with the NLRB claiming that the league
"unlawfully imposed a lockout before the requisite impasse
in negotiations had been reached" takes "center stage today"
as NLRB Regional Dir Daniel Silverman will make a report to
"his superiors in Washington ... that will determine whether
the players' complaint has merit" (USA TODAY, 8/10).
ARE PLAYERS "SMART" TO WAIT IT OUT? In L.A., J.A.
Adande wrote that players "are smart to stall and wait" for
the courts to decide their grievances and called it "their
best option." Adande: "For a league whose hierarchy is
heavy with top-notch lawyers, the NBA has a history of
losing in court. ... If the union wins this latest round and
the owners are forced to pay up, it will be time for the
owners to rethink their agenda" (L.A. TIMES, 8/9). In
Philadelphia, Bob Ford writes the dispute is about "money"
but the owners "forget exactly who offers the players these
big contracts." Ford: "Common wisdom is that the players
will crack before the owners. There will be no money coming
in. ... With the European markets all but dried up, the
players won't have many options. ... So get ready for a long
wait. Should the league be operating by New Year's Day,
consider that a success" (PHILADELPHIA DAILY NEWS, 8/10).
MOORE THOUGHTS: In Dallas, David Moore: "While the
owners don't like the economics of the Bird exception, they
do like the ability it gives them to retain their star
players. This is big in [NBA Commissioner David] Stern's
book." Stern is "acutely aware of how important it is that
fans be able to associate certain stars with a franchise and
city," which "should persuade the owners to keep the Bird
exception intact in some form." Moore proposed having
players give up the "majority" of cap exception, but keeping
the Bird exception while limiting its use to once or twice
over a three-year period with a luxury tax attached that
would go to the union for a bonus pool (MORNING NEWS, 8/9).
TV TALK: In Boston, Howard Manly noted that the lockout
"has not caused much concern" at NBC or TBS. NBC Sports VP
Ed Markey: "Our biggest contingency plan is that we don't
have telecasts until Christmas. If we get into the middle
of November and we haven't played yet, then that is another
story" (BOSTON GLOBE, 8/9). Stern said last week that
January 20 was a possible "drop-dead date" after which the
season may have to be canceled (AP/CBS SportsLine, 8/10).
