NBA labour dispute turns ugly, David Stern files two lawsuits against players and their association
The NBA on Tuesday filed two lawsuits against the National Basketball Players Association in light of the ongoing labour dispute. The league filed one complaint with the National Labour Relations Board for unfair labour negotiations. It also filed a lawsuit with a district court in New York, citing that the player’s have come to the negotiating table in bad faith and they have undermined negotiations by repeatedly threatening the league with a lawsuit.
It is ironic then that the NBA itself has gone to court, while the players have so far resisted any such move despite calls from many quarters to do so. The NBA’s deputy Commissioner Adam Silver said,
"For the parties to reach agreement on a new CBA, the union must commit to the collective bargaining process fully and in good faith,"
In the meantime, NBPA authorities have reacted with dismay at the new turn of events and said that the NBA is only making matters worse. The NFL recently resolved its labour dispute outside of court despite the players having filed a lawsuit. The NBA players have consistently maintained, especially NBPA President Derek Fisher and Executive Director Billy Hunter, that the players want to avoid a lengthy legal process and are concentrating on getting to an agreement on the negotiating table.
Billy Hunter said the players will seek a dismissal of the case and called it absolutely short of merit. He also stressed on the NBA to stop using pressure tactics and commit to a negotiating process so that a solution can be reached,
"We urge the NBA to engage with us at the bargaining table and to use more productively the short time we have left before the 2011-12 season is seriously jeopardized."
The player’s top legal counsel, Jeffrey Kessler, shed some light on the situation when he spoke via telephone,
"The NBA Players Association has made no decision to decertify. They talk about the fact that this is something the players have considered for 30 years, and that's true. And they haven't done it for 30 years. So there's no decision made. There may be no decision made. We view this as an example of their bad-faith bargaining. They don't want to be at the table."
The NBA’s move is currently being viewed as a pre-emptive measure as the NBA is afraid that a court case could force them to relinquish their steep demands. The NBA in its lawsuit has shrewdly sought from the court to pass a ruling which would prevent them being sued on anti-trust basis by the players because of the lawsuit.
It appears the Commissioner David Stern is determined to secure the majority of NBA revenue for the owners and is willing to go to any lengths to get it, including losing a complete NBA season.
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