NBPA issues letter to members justifying decertification – NBA Labour Dispute Update
National Basketball Players Association President Derek Fisher and Executive Director Billy Hunter have issued a letter to members of the union outlining the reasons for decertifying.
The NBPA held a meeting on Monday, November 14, where it was decided that they would reject the ultimatum given by NBA owners and Commissioner David Stern. It was also decided that the union would disband and sue the league in
a federal court.
"It has become clear to us that we have exhausted our rights under the labour laws, and continuing in that forum (collective bargaining) would not be in the best interests of the players," the letter said.
The union has been on the negotiating table with NBA owners for nearly two years now. When the old Collective Bargaining Agreement (CBA) expired, the NBA locked out its players. Since then, over four months have passed with long
drawn and frustrating negotiations failing to produce a positive outcome.
The NBPA agreed to come down from a 57 percent share in the Basketball Related Income (BRI) it received in the previous CBA to just 52.5 percent in a new one, but it wasn’t enough for the owners. They offered a take it or leave
it deal to the union last week at 50-50 while David Stern also ruled out any more talks with players.
In response to such bullying tactics, the players decided on Monday not to give in to the pressure and take the matter up in a federal court instead.
In the letter, the union has argued that since they are decertifying and cannot negotiate on behalf of players any longer, it is compulsory for the owners to lift the lockout. They also said that teams should restart business as
usual and work to get the NBA season underway as soon as possible.
"With no labour union in place, it is our sincere hope that the NBA will immediately end its now illegal boycott and finally open the 2011-12 season," the letter said. "Individual teams are free to negotiate with free agents for
your services.
However that is very unlikely to happen and the owners are expected to continue the lockout until forced to lift it via a federal court. The union appreciates that reality and is willing to take that route as well.
“If the owners choose to continue their present course of action, it is our view that they subject themselves to significant antitrust liability."
The NBA for its part had always feared a decertification and has already filed two complaints to pre-empt the move. They filed a charge with the National Labour Relations Board as well as a complaint in a court in New York, seeking
to have the lockout declared legal.
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