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Leagues and Governing Bodies

NBA Lockout Watch, Day 130: Owners Issue Ultimatum, Deadline For Reaching A Deal

The NBA owners over the weekend "issued an ultimatum and a deadline for a labor deal, leaving union officials with no palatable options and a running clock," according to Howard Beck of the N.Y. TIMES. The players "have until Wednesday afternoon to accept a deal they find objectionable, or see it replaced with one that is objectively worse." The league’s proposal "calls for a 50-50 split of revenue, combined with extensive new restrictions on free agency and team payrolls." If the NBPA rejects the deal, the league "will substitute an offer of 47 percent for the players and a hard salary cap." Beck notes what "happens next, not even the union knows yet." The union's nine-player exec committee "has scheduled a conference call" for today to discuss strategy. NBA Commissioner David Stern "issued the ultimatum as a means to spur a union-wide vote on the NBA’s latest offer." But the NBPA has "rejected both the proposal and the ultimatum, and does not intend to call for a vote." Beck notes if "anything, the ultimatum may have galvanized the players" (N.Y. TIMES, 11/7). SI.com's Sam Amick cites sources as saying that the players will spend today and tomorrow "discussing their two unappealing options: caving or chaos." In addition to today's conference call, player reps "from all 30 teams have been summoned to New York for more deliberations on Tuesday" (SI.com, 11/7). ESPN's Stein & Broussard cited sources as saying that union leaders "have not budged from the view that the NBA's offer is 'unacceptable.'" Union sources said yesterday that the exec board "remains unwilling to present that offer to the union's estimated 450 members for a vote and plans to make that stance clear to team player reps at the meeting" tomorrow. Stein & Broussard noted there is "no evidence in circulation yet to suggest that more than a handful of rank-and-file players are lobbying the union to put Saturday's offer from the owners to a vote." Sources yesterday said that the union is "actually holding out hope that the league will call to re-open negotiations before Wednesday." There have been "reports of a widening gulf" between small and big market owners, and one ownership source said yesterday that the union "shouldn't expect an improved offer from the league before Wednesday largely because of that gulf." The source said, "Even the (ownership) doves are beginning to feel like, 'If we lose all these games and do all this damage, we might as well go for a better deal'" (ESPN.com, 11/6). Boston Globe columnist Bob Ryan said, “The players had better recognize that the owners mean it when Stern said, ‘The next offer will be worse.’ They’re not getting any better offers. They have lost. They might as well come and play” ("Around The Horn," ESPN, 11/4).

SEASON ON THE BRINK
: The N.Y. TIMES' Beck wrote the four-month-old lockout "has been reduced to ... an ultimatum that might destroy" the '11-12 season. The union is "almost certain to reject both proposals, throwing the league into turmoil" (N.Y. TIMES, 11/6). ESPN.com's Marc Stein wrote as "powerful as Twitter megaphones can be in 2011, I struggle to envision a sufficiently large group of players publicly lobbying for an immediate vote in direct defiance of their own union" (ESPN.com, 11/6). TRUE HOOP's Henry Abbott wrote if the players "are to accept the NBA's offer, they will do so over the objection of their representatives" (ESPN.com, 11/6). FS OHIO's Sam Amico wrote under the header, "If NBA Players Truly Unified, It's Time To Prove It." Amico wrote, "Anyone with half a brain knows it’s way past time for the players to vote on a proposal, any proposal. Problem is, [NBPA Exec Dir Billy] Hunter seems to be afraid a vote might mean a new collective bargaining agreement. He seems to be telling his disciples they’re not smart enough to know what’s best for them" (FOXSPORTSOHIO.com, 11/6). SI.com's Ian Thomsen noted the public has "yet to hear from the one -- and most important -- group of these labor negotiations." That "voting bloc represents the bulk of NBA players who aren't stars and who will feel the worst pain from a canceled season." Thomsen asked, "When will we hear from the silent majority?" One thing the "silent majority has failed to grasp is that it holds the ultimate power in these talks by voting for or against any submitted proposal" (SI.com, 11/6).

FIRING BACK: In Boston, Steve Bulpett noted the NBA has "pointed a loaded offer at the pocket of the Players Association" (BOSTON HERALD, 11/6). Jazz G Raja Bell said, "You would have to have been a real, real, real optimist to think that both sides were going to move enough at this point to get a deal done in a couple of days." Bell said of the owners' proposal, "That's not negotiating in good faith. That’s just giving someone an ultimatum. And we kind of felt like that was going to be their stance the whole time" (SALT LAKE TRIBUNE, 11/7). NBPA President and Lakers G Derek Fisher said, "We’ve been given the ultimatum, and our answer is, that’s not acceptable to us." NBPA lead outside counsel Jeffrey Kessler: "The players will not be intimidated. ... It’s not happening. It’s not happening on Derek Fisher’s watch, it’s not happening on Billy Hunter’s watch.” YAHOO SPORTS' Adrian Wojnarowski noted if the players "don’t agree by Wednesday to accept the proposal -- which Stern described as including a revenue split that could give the players as much as 51 percent and as little as 49 percent -- then the owners’ new offer would drop to 47 percent of basketball-related income for the players and include a 'flex' salary cap." (SPORTS.YAHOO.com, 11/6). Fisher said the union during Saturday's meeting "made moves that were extremely significant." Fisher also "respectfully disagreed" with Stern's account of the meeting's events. Fisher said Federal Mediation & Conciliation Service Dir George Cohen "never actually proposed any formal ideas or concepts" on Saturday, but he did lay out "what-ifs" for discussion points. Fisher added that the league's offer "was so undesirable," the union "was not planning to meet to discuss it prior to Wednesday's deadline." Fisher said, "There's not a deal that we can present to (all the players to) take a vote on. I cannot say at this point that we would call a general body meeting to take a vote on what has been proposed at this point" (CBSSPORTS.com, 11/6). In DC, Michael Lee cited a source as saying that the two sides "were 'very close' to a deal, but Fisher intimated that owners ended the meeting abruptly, making an offer that he deemed 'not acceptable to us'" (WASHINGTONPOST.com, 11/6). NBPA VP and Spurs F Matt Bonner said that every member of the union's exec committee "is behind the decision to reject" the league's proposal." Bonner said, "We're all on the same page." He added, "Saturday sucked. 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" (MYSANANTONIO.com, 11/6).

KESSLER COMBUSTS: CBSSPORTS.com's Ken Berger reported Kessler was "singled out by David Stern as the one who rejected virtually all the compromises the commissioner said were proposed by mediator George Cohen, described the league’s tactics as 'threats' and characterized the NBA’s description of its economic proposal as 'fraud.'" The NBA's offer was "tweaked into the form of a 49-51 percent band for the players’ share -- the same band discussed informally Oct. 4 at a key meeting that fell apart over the split of revenues between owners and players." In the league’s proposal, the players "would receive 50 percent of revenues if revenues grew as projected -- 4 percent a year." Stern and NBA Deputy Commissioner & COO Adam Silver "portrayed the band as capable of delivering a 51 percent share to the players if there was, as Stern described, 'significant growth.'" But Kessler said it would take the "wildest, most unimaginable, favorable projections" for the players to ever receive 51% of revenues. He added, "The proposal that this is a robust deal at 51 is a fraud. … You can't get to the top of the band." By contrast, the players "proposed a 51-49 split in their favor -- with 1 percent going toward a fund for benefits for retired players, such as health care, life insurance and pensions." Union officials said that the league "never responded to that proposal." The owners "remained in essentially the same place they’ve been economically since Oct. 4." Kessler said, "They've been consistent for weeks." Berger wrote, "The players now find themselves at a crossroads that could determine whether there is a 2011-12 season by Wednesday. Can Fisher and Hunter, notably absent from the post-meeting news conference as Kessler fanned the flames, determine whether they can sell essentially a 50-50 deal to more than half the union membership?" (CBSSPORTS.com, 11/6). In N.Y., Marc Berman noted Kessler "rarely speaks to the press," but that Saturday's turn of events prompted him "to erupt at the NBA" (N.Y. POST, 11/6). SHERIDAN HOOPS' Chris Sheridan wrote Kessler "was practically foaming at the mouth in the wee hours" of yesterday morning. Kessler said, "The story here is they want it all. They want a win, win, win, win. We wanted a compromise. Our 51 percent offer was based on a fair system. They would have to come to us on the system, but they did not." Sheridan noted although the sides "are close on the money, they are not close on what is fair and what is unfair." (SHERIDANHOOPS.com, 11/6). The N.Y TIMES' Beck noted union officials have been "willing to compromise on the revenue split pending some degree of compromise from owners in other areas" (N.Y. TIMES, 11/6).

Stern said the league's offers will get worse
after Wednesday
DECERTIFICATION QUESTION: NBA.com's Steve Aschburner wrote in "framing the owners' proposal as he did, Stern clearly was signaling to the union's members ... that there is a deal to be made, games to be played and a season to be had." But it "would, of course, necessitate a vote to avoid the Wednesday markdowns." While the union "might not be willing to have its players vote on the NBA's proposal, it could see a number of them moving toward votes on decertification" (NBA.com, 11/6). In L.A., Ben Bolch reported that Cohen "made six compromise suggestions to players and owners" during the meeting Saturday. Stern said that the owners "were willing to adopt five of the proposals but that the players' union flatly rejected them." The owners "continued to tussle over the division of BRI, with some reportedly unhappy with Stern's earlier proposed 50-50 split and others unwilling to budge any further." Bolch reported all "29 owners gathered early in the day Saturday for a meeting among themselves and Cohen met separately with players and owners before collective negotiations resumed" (L.A. TIMES, 11/6). SI.com's Thomsen noted the "variety of needs and demands among his owners has made it difficult for Stern to find room for compromise" (SI.com, 11/6). Yahoo's Wojnarowski on Twitter wrote, "Let me say this: I have a hard time believing Stern and the owners are willing to blow up the season on Nov. 9th. ... Here’s what I think this comes down to by Wednesday for the Players Association: Accept deal, or decertify union and blow up season." NBA.com's David Aldridge on Twitter wrote, "Just heard from source in contact with owners: 'Stern does not have the votes above 50 & he is trying to find a way to make it acceptable'" (SHERIDANHOOPS.com, 11/6).

THE AYES HAVE IT? The BOSTON HERALD's Bulpett notes while the "numbers would appear to be close, they may not, in fact be on the same beach." Stern "knows he has among his employers a solid crew that believes he is being overly gracious in offering a 50-50 split." By contrast, Fisher and Hunter "must deal with a group of star players and high-powered agents who believe they have given away the store already" (BOSTON HERALD, 11/7). Knicks G Chauncey Billups: "If you're asking me if the general body of the NBA is willing to do that, willing to lose a year's salary, I don't think guys would be willing to do that" (NEWSDAY.com, 11/4). Thunder F Kevin Durant: "We did what we have to do, now it's on the owners. It looks like they're not going to give in" (OREGONLIVE.com, 11/7). Pacers G Darren Collison: "If the right deal isn't there, why would we have a season?" (L.A. TIMES, 11/7). Suns F and player rep Jared Dudley: "The owners determine the lockout. They determine it because they can end it whenever they want. Even if the players said, 'Right now, we'll do 50-50,' a deal still wouldn't get done" (AZCENTRAL.com, 11/6).

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