NBA players and agents "backing the decertification of the union have scheduled another conference call to follow the two conference calls -- each with at least 50 players dialed in -- that took place last week," according to sources cited by Stein & Broussard of ESPN.com. One source said yesterday that the "leaders of the decertification movement, with Boston Celtics star Paul Pierce most notably among them, ambitiously hope they can ultimately secure as many as 200 signatures on a petition that would be filed with the National Labor Relations Board to call for a formal decertification vote." An actual vote "would not take place for up to 45 days after the petition is filed, while the NLRB verifies the request, but only 30 percent of the league's active work force -- an estimated 130 players -- is needed to satisfy petition requirements." Hard-line players like Pierce and Nets G Deron Williams "are openly pushing for decertification." Williams on Twitter yesterday wrote he has been ready "to sign a decertification petition since July" (ESPN.com, 11/6). Two prominent agents said that "no signature drive had begun." In N.Y., Howard Beck notes during the 45-day waiting period, the union could resume negotiations with the NBA, but with the threat of decertification as added leverage." Alternatively, the NBPA leaders could "choose to dissolve the union without a vote, by 'disclaiming interest,' although that approach is more susceptible to legal challenges" (N.Y. TIMES, 11/7). Beck yesterday wrote, "The players are in an untenable position, with choices that range from bad to worse. Dissolving the union may be the inevitable course -- whether it comes by force, from a disenchanted faction of players, or by union leaders themselves." Neither NBPA President and Lakers G Derek Fisher nor union lead outside counsel Jeffrey Kessler "would entertain that possibility early Sunday morning, but the union has always held out decertification as a measure of last resort." Going that route "would allow the players to sue the league under federal antitrust law, but resolution could take years" (N.Y. TIMES, 11/6).
THE AGENT FACTOR: YAHOO SPORTS' Adrian Wojnarowski noted several agents "believe there’s enough support to get the necessary 30 percent of players (about 130) to sign a petition for a formal decertification vote, but agents and players are dubious about the ability to get more than the 50 percent of the union’s 450 members needed to eventually disband the union." But Wojnarowski wrote for the players, a decertification petition is "a risky proposition, at best" (SPORTS.YAHOO.com, 11/6). ESPN.com's Marc Stein cited sources as saying that leaders of the decertification push "can and will find the required" number of players to sign the petition to vote today or tomorrow. Stein noted, "Bear in mind that there’s a big difference between rounding up the 130 players needed to sign a petition to vote on decertification and finding a 50 percent-plus-one majority in a union of roughly 450 members amenable to actually voting for decertification" (ESPN.com, 11/6). Fisher said yesterday that he "still doesn't favor decertification" and Kessler said that he "wouldn't discuss 'other options'" (WALL STREET JOURNAL, 11/7). One prominent agent said of decertification, "We have to do this. At this point, we have no other choice" (N.Y. POST, 11/7). ESPN.com's Larry Coon wrote by decertifying, the players "would be throwing a counterpunch after being on the ropes for many months," and would "provide the players with much-needed leverage in the labor dispute." Coon noted even if "this is all just posturing from a group of dissatisfied players, it is not a development NBA commissioner David Stern and the owners want to see" (ESPN.com, 11/6).
CELTICS WEIGH IN: In Boston, Steve Bulpett noted Celtics G Ray Allen "downplayed the significance of two players-only calls this week." Allen said, "I don’t think it was a case where we were trying to make a move or anything. ... This wasn’t a call to discuss a plan to decertify. We just wanted to talk about what was out there for us and what our next move could be. During the talk, people asked a lot of questions about decertification, so I guess that’s what some people took away from it. I don’t know when guys came on the call or got off it, but we talked about a lot of things." Allen also "denied the calls were an attempt to usurp the power of union leadership." He said "I don’t think Paul [Pierce] was trying to go behind anybody’s back or anything. ... No one was doing this or saying anything to spite the union." But Bulpett noted even though Allen "may disagree, some of his peers are ready to take this fight to a different level." One source said, "The owners aren’t paying attention to us in the meetings. Maybe they’ll pay attention if we show them we’re more serious about what we can do -- especially after everything we’ve already given up" (BOSTON HERALD, 11/5). Celtics G Rajon Rondo said of the league's proposed 50-50 BRI split, "We’ve already gone down more than 4 percent from 57. That’s a $400 million cutback that we’ve already agreed to give back. I mean, (performing) artists don’t give up 50 percent of their revenues. There’s no business model for what they want us to do." Asked whether he would consider decertification, Rondo replied, "If I had to, yes" (BOSTON HERALD, 11/6).
SHOULD BILLY DECIDE? In N.Y., Mike Lupica wrote if NBPA Exec Dir Billy Hunter, "who should be the one doing the most talking in the room, doesn’t put decertification of his association on the table this weekend -- and prominently -- then he’s nuts." Telling Stern "and the owners that they’ll see them all in court -- and bringing the league’s anti-trust exemption into play -- is the only way for the players to get any of their leverage back." The players are "getting railroaded here, and deserve better than the lousy deal they’re being offered, with so many give-backs you get dizzy trying to keep track" (N.Y. DAILY NEWS, 11/6). In Toronto, Ryan Wolstat noted Hunter "could have moved to decertify months ago ... but since it would have cost Hunter his job, it isn't hard to figure out why he didn't recommend going that route" (TORONTO SUN, 11/6).
SIMON SAYS: About 50 NBA players on a conference call Thursday night to review their options in the NBA lockout received advice from antitrust attorney Len Simon, a source close to the players said. Simon is counsel at San Diego-based Robbins, Geller, Rudman + Dowd, and as was previously reported by SportsBusiness Journal, has been advising a powerful group of NBA player agents. Although 50 players were on the call, the group considering their options, including decertification, is larger than 50, the source said. The source requested anonymity because this person was not authorized to speak publicly for the group (Liz Mullen, SportsBusiness Journal).
